gather data in preparation for future submissions to the CLCS, although the US will
probably need to accede to the UNCLOS before it can make a submission.
36
Neither UNCLOS nor customary international law provides the protections that
are needed to deal with the likely effects of the dramatically increased volume of
human interaction with the Arctic Ocean, be it through navigation or the extraction
of natural resources. In particular, the protection of the Arctic marine environment is
emerging as a major concern. The long-term effects of the 1989 Exxon Valdez oil
spill, on the environment as well as on local communities and their economic
development,
37 remain a powerful reminder of the dangers associated with
hydrocarbon-related vessel operations in the Arctic.
The law of the sea is not limited to UNCLOS, indeed, UNCLOS provides a
framework which is being filled by range of other international norms. In addition to
multilateral treaties such as the International Convention for the Safety of Life at Sea
(SOLAS) and the International Convention for the Prevention of Pollution from
Ships (MARPOL), a large number of regulations and norms have been created by
and under the auspices of the IMO. Infused by technical knowledge, the norms
created through IMO processes have a significant impact on the practice of ship
operations. They are, however, limited to ship operations and therefore can serve
only to reduce risks stemming from vessels. The most relevant of these developments, from an Arctic perspective, is the adoption of the legally-binding Polar Code,
which was created based on the frameworks provided by MARPOL and SOLAS.
The Polar Code, which entered into force on 1 January 2017, deals only with the
dangers posed by and to ships operating in Arctic and Antarctic waters. The
protection of the marine environment and of maritime safety has been dealt with
by international treaties, in particular MARPOL and SOLAS, but the Polar Code is
meant to fill gaps that have been left open by existing regulations in relation to the
particular risks faced by ships in Arctic and Antarctic waters. This was necessary
especially in light of the lack of experience of seafarers with polar conditions
38 and
due to the very limited infrastructure for endeavors such as Search and Rescue
(SAR). The Polar Code aims at increasing ship safety and at protecting the marine
environment, but like many international instruments that have been created under
the auspices of the IMO, the Polar Code does not apply to fishing vessels.
39 More
importantly, it does not regulate oil or gas platforms. As oil dissolves far more
slowly in colder climates than in warmer climates, as was also learned after the
Exxon Valdez oil spill, any large-scale oil spill in the Arctic, let alone one on the scale
of the Deepwater Horizon spill,
40 would have the potential to devastate large parts of
36 Oude Elferink (2001), p. 156.
37 Alaska Fisheries Science Center (2001), Renner (2006), Palinkas et al. (1993) and
Kirchner (2016).
38 Cf. Kirchner (2018).
39 Polar Code (2016).
40 See Kirchner and Alkanli (2011).
4 The Arctic Ocean: Are We Ready to Govern a New Ocean?
65
probably need to accede to the UNCLOS before it can make a submission.
36
Neither UNCLOS nor customary international law provides the protections that
are needed to deal with the likely effects of the dramatically increased volume of
human interaction with the Arctic Ocean, be it through navigation or the extraction
of natural resources. In particular, the protection of the Arctic marine environment is
emerging as a major concern. The long-term effects of the 1989 Exxon Valdez oil
spill, on the environment as well as on local communities and their economic
development,
37 remain a powerful reminder of the dangers associated with
hydrocarbon-related vessel operations in the Arctic.
The law of the sea is not limited to UNCLOS, indeed, UNCLOS provides a
framework which is being filled by range of other international norms. In addition to
multilateral treaties such as the International Convention for the Safety of Life at Sea
(SOLAS) and the International Convention for the Prevention of Pollution from
Ships (MARPOL), a large number of regulations and norms have been created by
and under the auspices of the IMO. Infused by technical knowledge, the norms
created through IMO processes have a significant impact on the practice of ship
operations. They are, however, limited to ship operations and therefore can serve
only to reduce risks stemming from vessels. The most relevant of these developments, from an Arctic perspective, is the adoption of the legally-binding Polar Code,
which was created based on the frameworks provided by MARPOL and SOLAS.
The Polar Code, which entered into force on 1 January 2017, deals only with the
dangers posed by and to ships operating in Arctic and Antarctic waters. The
protection of the marine environment and of maritime safety has been dealt with
by international treaties, in particular MARPOL and SOLAS, but the Polar Code is
meant to fill gaps that have been left open by existing regulations in relation to the
particular risks faced by ships in Arctic and Antarctic waters. This was necessary
especially in light of the lack of experience of seafarers with polar conditions
38 and
due to the very limited infrastructure for endeavors such as Search and Rescue
(SAR). The Polar Code aims at increasing ship safety and at protecting the marine
environment, but like many international instruments that have been created under
the auspices of the IMO, the Polar Code does not apply to fishing vessels.
39 More
importantly, it does not regulate oil or gas platforms. As oil dissolves far more
slowly in colder climates than in warmer climates, as was also learned after the
Exxon Valdez oil spill, any large-scale oil spill in the Arctic, let alone one on the scale
of the Deepwater Horizon spill,
40 would have the potential to devastate large parts of
36 Oude Elferink (2001), p. 156.
37 Alaska Fisheries Science Center (2001), Renner (2006), Palinkas et al. (1993) and
Kirchner (2016).
38 Cf. Kirchner (2018).
39 Polar Code (2016).
40 See Kirchner and Alkanli (2011).
4 The Arctic Ocean: Are We Ready to Govern a New Ocean?
65