The Role of East Asian Port States in Addressing Ship-Source Pollution in Arctic Shipping

Abstract

The continuing reduction of Arctic sea ice has significant implications for longer seasons of navigation. The international community has shown growing concern over the potential environmental impacts that are associated with the increased presence of various types of vessels in Arctic waters. States, particularly user States of the Arctic shipping routes, are expected to diligently implement relevant international regulations of shipping, most importantly MARPOL, to prevent, reduce and control pollution of the marine environment from shipping. Ports located within East Asian States, notably China, Japan and the Republic of Korea, have the potential to become major departing and destination ports for ships transiting through Arctic waters between Asian and Europe and North America. According to Article 218 of the Law of the Sea Convention, port States may exercise enforcement jurisdiction over discharge violations that occurred outside its maritime zones of applicable international rules and standards. This paper argues that the East Asian port States should be more proactive in taking extraterritorial enforcement measures of ship-source pollution that is in violation of MARPOL and other application international regulations occurring during transit of the Arctic Ocean.