Abstract
Climate change is having a pronounced impact in the Arctic region. Average temperatures in winter are dropping, and the yearly seasonal variations in ice cover are increasing, which will result in less ice coverage. The success of the argument that the Arctic shipping routes qualify, in full or in part, as international straits is more entwined with the second attribute that a strait must possess: the route has to be used for international navigation. The main rationale for using the Arctic shipping routes for international commercial shipping lies in its reduced transit times. Despite its shortcomings, the Polar Code provides for a measure of optimism that existing gaps can be addressed on the international level, also given that the IMO has indicated that it is yet to close the book on Arctic shipping. Shrinking ice cover automatically lead to the creation of a shipping environment that is devoid of risks.
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