transport of raw materials such as hydrocarbons that have been extracted in the
Arctic.
23 By the middle of the twenty-first century, old sea ice or multi-year sea ice
may disappear
24 and the Arctic Ocean is likely to be ice-free for a short period during
the summer.
25 Consequently, although the Arctic Ocean is going to be ice-covered
fully or partially in the other seasons, the retreating Arctic sea ice may diminish the
sea area that is ice-covered most of the year.
At the same time, Arctic shipping is increasing.
26 The increasing accessibility of
the Arctic Ocean for transport by ship not only increases the risk of oil spills,
27
planned discharges
28 but also the volume of other dangerous goods that are
transported by ship through this highly sensitive region.
29 Melting sea ice, however,
does not mean a complete absence of sea ice. Large parts of the Arctic Ocean that see
losses of permanent sea ice cover will remain bergy for large parts of the year. Bergy
waters hold their own challenges for ships and crews, and they have been recognized
as a particular problem for maritime safety.
30 A larger number of ship operations in
the area require effective governance.
While there is an interest on the part of Arctic States to maximize the economic
opportunities made possible by a warming Arctic, such endeavors also raise significant questions of maritime safety and governance. People who live along the coasts
of the Arctic Ocean are likely to bear the risk of environmental disasters such as oil
spills or of the health dangers from air pollution by ships whilst hardly profiting from
the new vessel activities close to shore. The increasing risk of environmental damage
leads to a greater need for regulation and effective implementation of environmental
norms. As is often the case in the international law of the sea, the law reacts to new
developments, new uses of the seas and new challenges. In the case of the Arctic
Ocean, the increasing availability of the region (including the eventual accessibility
of the central part of the Arctic Ocean for trans-polar shipping
31 ) due to the reduction
of sea ice cover has led to an increase in international interest and international
regulation. This interest is not confined to Arctic States. Non-Arctic actors are also
increasingly expressing an interest in Arctic governance and the regulation of Arctic
spaces. UNCLOS and the regulatory framework that has been created under the
auspices of the International Maritime Organization are global in nature and open to
all States, also giving non-Arctic States a role in shaping the future of the governance
23 See also Zojer (2018), p. 213.
24 Perovich et al. (2016); Serreze et al. (2007); Pollack (2010), p. xi.
25 Koivurova (2014), p. 102.
26 Deggim (2018), p. 16; Brigham (2017), pp. 6–9.
27 Kirchner and Kleemola-Juntunen (2018), p. 29. On the particular risks of oil spills in the Arctic
see Wadhams (2017), pp. 99 et seq.
28 Bellefontaine and Johansson (2018), pp. 257 et seq.
29 Kirchner (2019), p. 86.
30 This is an issue that is not reflected in the Polar Code, which appears to treat bergy waters as open
waters, see Polar Code, Part I-A, Chapter 12, para. 12.3.2.
31 Smith and Stephenson (2013); Humpert and Raspotnik (2012); Rothwell (2017), pp. 6 et seq.
4 The Arctic Ocean: Are We Ready to Govern a New Ocean?
63
Arctic.
23 By the middle of the twenty-first century, old sea ice or multi-year sea ice
may disappear
24 and the Arctic Ocean is likely to be ice-free for a short period during
the summer.
25 Consequently, although the Arctic Ocean is going to be ice-covered
fully or partially in the other seasons, the retreating Arctic sea ice may diminish the
sea area that is ice-covered most of the year.
At the same time, Arctic shipping is increasing.
26 The increasing accessibility of
the Arctic Ocean for transport by ship not only increases the risk of oil spills,
27
planned discharges
28 but also the volume of other dangerous goods that are
transported by ship through this highly sensitive region.
29 Melting sea ice, however,
does not mean a complete absence of sea ice. Large parts of the Arctic Ocean that see
losses of permanent sea ice cover will remain bergy for large parts of the year. Bergy
waters hold their own challenges for ships and crews, and they have been recognized
as a particular problem for maritime safety.
30 A larger number of ship operations in
the area require effective governance.
While there is an interest on the part of Arctic States to maximize the economic
opportunities made possible by a warming Arctic, such endeavors also raise significant questions of maritime safety and governance. People who live along the coasts
of the Arctic Ocean are likely to bear the risk of environmental disasters such as oil
spills or of the health dangers from air pollution by ships whilst hardly profiting from
the new vessel activities close to shore. The increasing risk of environmental damage
leads to a greater need for regulation and effective implementation of environmental
norms. As is often the case in the international law of the sea, the law reacts to new
developments, new uses of the seas and new challenges. In the case of the Arctic
Ocean, the increasing availability of the region (including the eventual accessibility
of the central part of the Arctic Ocean for trans-polar shipping
31 ) due to the reduction
of sea ice cover has led to an increase in international interest and international
regulation. This interest is not confined to Arctic States. Non-Arctic actors are also
increasingly expressing an interest in Arctic governance and the regulation of Arctic
spaces. UNCLOS and the regulatory framework that has been created under the
auspices of the International Maritime Organization are global in nature and open to
all States, also giving non-Arctic States a role in shaping the future of the governance
23 See also Zojer (2018), p. 213.
24 Perovich et al. (2016); Serreze et al. (2007); Pollack (2010), p. xi.
25 Koivurova (2014), p. 102.
26 Deggim (2018), p. 16; Brigham (2017), pp. 6–9.
27 Kirchner and Kleemola-Juntunen (2018), p. 29. On the particular risks of oil spills in the Arctic
see Wadhams (2017), pp. 99 et seq.
28 Bellefontaine and Johansson (2018), pp. 257 et seq.
29 Kirchner (2019), p. 86.
30 This is an issue that is not reflected in the Polar Code, which appears to treat bergy waters as open
waters, see Polar Code, Part I-A, Chapter 12, para. 12.3.2.
31 Smith and Stephenson (2013); Humpert and Raspotnik (2012); Rothwell (2017), pp. 6 et seq.
4 The Arctic Ocean: Are We Ready to Govern a New Ocean?
63