Between the Polar Code and Article 234: The Balance in Canada’s Arctic Shipping Safety and Pollution Prevention Regulations

Bartenstein, Kristin

doi:10.1080/00908320.2019.1617932

Cited by 9 publications

(2 citation statements)

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“…“Pacta sunt servanda” is the most basic principle in international law and was also written in Article 26 of the Vienna Convention on the Law of Treaties 1969. Russia and Canada do have obligations under IMO’s three conventions, both of them updated their unilateral legislation to cope with the Polar Code, especially for Canada (Kristin 2019 ). Despite their extensive efforts to adapt the Polar Code, there are still laws and regulations that transgress.…”

Section: Status Quo Of Prevention and Control Of Ship-source Pollutio...mentioning

confidence: 99%

Prevention and control of ship-source pollution in the Arctic shipping routes: challenges and countermeasures

Zhang,

Yang

2023

Environ Sci Pollut Res

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Ship-source pollution is one of the important contributors to marine environment pollution. Because the legal status of the Arctic shipping routes is not clear, there is a considerable degree of dispute in the application of the rules on the prevention and control of ship-source pollution. The increased melting of sea ice undermines the legal legitimacy of the “ice-covered areas” clause under the United Nations Convention on the Law of the Sea. The conflict between the application of the Polar Code and “ice-covered areas” will also reach an initial conclusion in the context of melting sea ice. However, the inadequacy of ship-source pollution rules in the Polar Code hampers its application, which has led to a negative impact on the more active role in the governance of pollution from Arctic shipping. For replying to the Challenges in the prevention of ship-source pollution in Arctic shipping routes, the relevant rules of the Polar Code need to be further improved, while a more binding HFO ban according to ship types needs to be applied. Therefore, a more important role in the future Arctic governance mechanism will be played by the enhanced enforcement of the Polar Code, meanwhile, the target for uniform international regulation of preventing and controlling ship-source pollution in Arctic shipping routes should be achieved.

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Section: Status Quo Of Prevention and Control Of Ship-source Pollutio...mentioning

confidence: 99%

Prevention and control of ship-source pollution in the Arctic shipping routes: challenges and countermeasures

Zhang,

Yang

2023

Environ Sci Pollut Res

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“…The first interpretation is that Article 234 applies only to the eez (e.g., McRae & Goundrey (1982); Chircop (2009); Franckx & Boone (2017)). The second interpretation is that Article 234 applies to the territorial sea as well as to the eez (e.g., Pharand (2007); Yang (2006); Bartenstein (2011aBartenstein ( )(2019).…”

Section: Coastal State Jurisdiction Under Article 23of the Loscmentioning

confidence: 99%

Navigational Rights and the Coastal State’s Jurisdiction in the Northern Sea Route

Wani¹

2022

Peaceful Maritime Engagement in East Asia and the Pacific Region

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Emerging Trends in Arctic North America’s Maritime Security Agenda: From Ice to Water

Nicol

Zellen

2022

Cold Waters

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Between the Polar Code and Article 234: The Balance in Canada’s Arctic Shipping Safety and Pollution Prevention Regulations

Cited by 9 publications

References 0 publications

Prevention and control of ship-source pollution in the Arctic shipping routes: challenges and countermeasures

Prevention and control of ship-source pollution in the Arctic shipping routes: challenges and countermeasures

Navigational Rights and the Coastal State’s Jurisdiction in the Northern Sea Route

Emerging Trends in Arctic North America’s Maritime Security Agenda: From Ice to Water

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