The International Code for Ships Operating in Polar Waters: Finalization, Adoption and Law of the Sea Implications

Øystein Jensen

doi:10.17585/arctic.v7.236

Abstract

The most recent instrument specifically designed to make navigation in polar waters safer and more environmentally friendly is the International Maritime Organization’s long-awaited “International Code for Ships Operating in Polar Waters” – the Polar Code. This article first briefly examines the legislative history of the Code, with emphasis on the final and consolidating phase of development. Second, an account is provided of the main contents of the Code as regards its regulations on safety measures and pollution prevention. Finally, the analysis places the new framework in the broader context of international law, including an examination of the Polar Code’s relationship to specific provisions and legislative arrangements of the United Nations Convention on the Law of the Sea.(Published: May 2016)Citation: Ø. Jensen. “The International Code for Ships Operating in Polar Waters: Finalization, Adoption and Law of the Sea Implications.” Arctic Review on Law and Politics, Vol. 7, No. 1, 2016, pp. 60–82. http://dx.doi.org/10.17585/arctic.v7.236

Highlights

In recent years the international community has taken considerable steps in the direction of new legal tools to address safety and environmental risks associated with polar navigation
In November 2014, the Marine Safety Committee (MSC) of the International Maritime Organization (IMO) adopted the maritime safety provisions of the International Code for Ships Operating in Polar Waters (: the Polar Code)[1] as well as amendments[2] to the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS).[3]
Design and Equipment (DE) 52 instructed the working group first to finalize the revised guidelines and second to prepare a justification for a new agenda item: ‘‘Development of a Code for ships operating in polar waters.’’25 A draft resolution on ‘‘Guidelines for ships operating in polar waters’’ Á Resolution A.1024(26) Á was approved by MSC 8626 and Marine Environment Protection Committee (MEPC) 59.27 The new guidelines were subsequently adopted by the 26th session of the IMO Assembly on 2 December 2009

Summary

Introduction

‘‘The International Code for Ships Operating in Polar Waters: Finalization, Adoption and Law of the Sea Implications.’’ Arctic Review on Law and Politics, Vol 7, No 1, 2016, pp. The new regulations merit analysis in the broader context of international law Á not least, the relationship of the Polar Code to the international legal framework pertaining to navigation in all oceans included in the United Nations Convention on the Law of the Sea (LOS Convention).[5]. The following implications for international law are analyzed: treaty interpretation in light of the legislative techniques utilized in the Polar Code; the prominence of the regulations of the Polar Code in the context of the LOS Convention’s concept of ‘‘generally accepted international rules and standards’’; and the relationship of the Polar Code to Article 234 of the LOS Convention

Legal development

Procedural and substantive aspects

Interplay of vague and substantive rules

Regulatory interplay

Findings

Conclusions