Coastal States have the right to adopt and enforce non-discriminatory laws and regulations
for the prevention, reduction and control of marine pollution from vessels in ice-covered
areas within the limits of the exclusive economic zone, where particularly severe climatic
conditions and the presence of ice covering such areas for most of the year create obstructions or exceptional hazards to navigation, and pollution of the marine environment could
cause major harm to or irreversible disturbance of the ecological balance. Such laws and
regulations shall have due regard to navigation and the protection and preservation of the
marine environment based on the best available scientific evidence.
16
Article 234 UNCLOS refers only to EEZs. The Law of the Sea Convention, even
though it also regulates the Arctic Ocean’s high seas portion, does not contain any
specific norms regarding this part of the Arctic Ocean. The international law of the
sea, however, provides for a number of mechanisms that are designed to provide
protection for specific parts of the sea, for example the designation of particularly
sensitive sea areas
17 (PSSAs), regional seas programs,
18 or the Polar Code.
19 The
latter, which entered into force on 1 January 2017, is the result of long-term efforts
on the part of the International Maritime Organization (IMO), and its creation has
been supported by the Arctic Council.
20 The Polar Code is meant to contribute to the
protection of maritime safety and the marine environment in polar waters, as both the
Arctic Ocean and the Southern Ocean are particularly threatened by pollution
21 and,
despite climate change, navigation in polar waters remains fraught with danger.
22
The practical need for special rules aimed at protecting human life and the marine
environment in polar waters became more pressing as it became evident that climate
change would allow for increasing use of both Arctic and Antarctic waters and that
polar regions, as seen in the aftermath of the Exxon Valdez disaster, raise particular
challenges for maritime safety.
The increasing size of the areas of relatively of open water in the Arctic Ocean is a
trend that is set to continue. It is estimated that about half of the sea ice cover has
already been lost since satellite surveillance of the Arctic become possible in the
1970s. The loss of sea ice affects not only indigenous communities and wildlife but
also leads to a loss of albedo and an acceleration of warming. At the same time, the
Arctic Ocean is opening up for ship operations. The Northwest Passage (NWP) and
the Northern Sea Route (NSR) provide shorter, and therefore cheaper, alternatives to
traditional shipping routes between East Asia and the Eastern seaboard of North
America and Europe. In particular, the NSR is also emerging as a route for the
16 Art. 234 UNCLOS.
17 IMO Resolution A.982(24), Revised guidelines for the identification and designation of Particularly Sensitive Sea Areas (PSSAs).
18 Regional Seas Programmes, https://www.unenvironment.org/explore-topics/oceans-seas/whatwe-do/working-regional-seas/regional-seas-programmes.
19 Polar Code (2016). MEPC 68/21/Add.1, Annex 10, http://www.imo.org/en/MediaCentre/
HotTopics/polar/Documents/POLAR%20CODE%20TEXT%20AS%20ADOPTED.pdf.
20 Arctic Council (2015).
21 Churchill and Lowe (1999), p. 335.
22 For a list of dangers see Polar Code, Introduction, Part 3.
62
T. Koivurova et al.
for the prevention, reduction and control of marine pollution from vessels in ice-covered
areas within the limits of the exclusive economic zone, where particularly severe climatic
conditions and the presence of ice covering such areas for most of the year create obstructions or exceptional hazards to navigation, and pollution of the marine environment could
cause major harm to or irreversible disturbance of the ecological balance. Such laws and
regulations shall have due regard to navigation and the protection and preservation of the
marine environment based on the best available scientific evidence.
16
Article 234 UNCLOS refers only to EEZs. The Law of the Sea Convention, even
though it also regulates the Arctic Ocean’s high seas portion, does not contain any
specific norms regarding this part of the Arctic Ocean. The international law of the
sea, however, provides for a number of mechanisms that are designed to provide
protection for specific parts of the sea, for example the designation of particularly
sensitive sea areas
17 (PSSAs), regional seas programs,
18 or the Polar Code.
19 The
latter, which entered into force on 1 January 2017, is the result of long-term efforts
on the part of the International Maritime Organization (IMO), and its creation has
been supported by the Arctic Council.
20 The Polar Code is meant to contribute to the
protection of maritime safety and the marine environment in polar waters, as both the
Arctic Ocean and the Southern Ocean are particularly threatened by pollution
21 and,
despite climate change, navigation in polar waters remains fraught with danger.
22
The practical need for special rules aimed at protecting human life and the marine
environment in polar waters became more pressing as it became evident that climate
change would allow for increasing use of both Arctic and Antarctic waters and that
polar regions, as seen in the aftermath of the Exxon Valdez disaster, raise particular
challenges for maritime safety.
The increasing size of the areas of relatively of open water in the Arctic Ocean is a
trend that is set to continue. It is estimated that about half of the sea ice cover has
already been lost since satellite surveillance of the Arctic become possible in the
1970s. The loss of sea ice affects not only indigenous communities and wildlife but
also leads to a loss of albedo and an acceleration of warming. At the same time, the
Arctic Ocean is opening up for ship operations. The Northwest Passage (NWP) and
the Northern Sea Route (NSR) provide shorter, and therefore cheaper, alternatives to
traditional shipping routes between East Asia and the Eastern seaboard of North
America and Europe. In particular, the NSR is also emerging as a route for the
16 Art. 234 UNCLOS.
17 IMO Resolution A.982(24), Revised guidelines for the identification and designation of Particularly Sensitive Sea Areas (PSSAs).
18 Regional Seas Programmes, https://www.unenvironment.org/explore-topics/oceans-seas/whatwe-do/working-regional-seas/regional-seas-programmes.
19 Polar Code (2016). MEPC 68/21/Add.1, Annex 10, http://www.imo.org/en/MediaCentre/
HotTopics/polar/Documents/POLAR%20CODE%20TEXT%20AS%20ADOPTED.pdf.
20 Arctic Council (2015).
21 Churchill and Lowe (1999), p. 335.
22 For a list of dangers see Polar Code, Introduction, Part 3.
62
T. Koivurova et al.