Coastal states’ influence on the polar code: An empirical study of Russia and Canada

Abstract

Climate change presents valuable opportunities for the development and utilization of Arctic passages. It is important to address maritime safety and environmental protection issues faced by ships navigating polar waters through appropriate regulation. The Polar Code is crucial in navigation safety guarantee and marine environmental protection in polar waters. Russia and Canada play a significant role in the negotiations of the Polar Code due to their respective actual control of the Northern Sea Route and Northwest Passage. How does Canada and Russia influence on the IMO's law-making related to the Arctic navigation? The study examines the proposals submitted by Russia and Canada during the negotiations of the Polar Code, explores the development paths of their proposals and adoption to clarify their functions vis-à-vis this issue. The study concludes that five factors affect the roles played by states in international law-making, namely the “5C” factors (chiefship, compatibility, combination, contribution, and circulation). This study aims to provide a reference for similar national practices in other states by summarizing the factors that influence decisions on Arctic navigation rules.