32 Polar Oceans and Law of the Sea

Author(s):  
Scott Karen N ◽  
VanderZwaag David L

This chapter assesses the implementation of the law of the sea in the Arctic Ocean and Southern Ocean, focusing on the issues of disputed sovereignty, environmental vulnerabilities, and access to marine resources. It highlights how the two regions are ‘poles together’, sharing some key governance similarities, such as being subject to general law of the sea provisions applicable to maritime safety and environmental protection. It describes how the regions are ‘poles apart’ by examining the differing law of the sea contexts and divergent regional approaches and challenges to ocean governance in the Arctic and Antarctic, respectively. It identifies future challenges for both regions focusing on institutional developments in the Arctic and the development of new spatially-focused conservation tools in the Antarctic.

2011 ◽  
Vol 80 (4) ◽  
pp. 459-484
Author(s):  
Yoshifumi Tanaka

AbstractThe determination of spatial ambit of the coastal State jurisdiction is fundamental for ocean governance and the same applies to the Arctic Ocean. In this regard, a question arises how it is possible to delimit marine spaces where the jurisdiction of two or more coastal States overlaps. Without rules on maritime delimitation in marine spaces where the jurisdiction of coastal States overlaps, the legal uses of these spaces cannot be enjoyed effectively. In this sense, maritime delimitation is of paramount importance in the Arctic Ocean governance. Thus, this study will examine Arctic maritime delimitations by comparing them to the case law concerning maritime delimitation. In so doing, this study seeks to clarify features of Arctic maritime delimitations.


2019 ◽  
Vol 1 ◽  
pp. 1-1
Author(s):  
Haiyan Liu ◽  
Xiaoping Pang

<p><strong>Abstract.</strong> In recent years, Arctic glaciers have gradually melted due to the global warming, which makes the exploitation of Arctic and its seabed resources possible. Though numerous disagreements and potentials over Arctic maritime jurisdiction still exist, the surround-Arctic nations have agreed the United Nations' Convention on the Law of the Sea to divide the Arctic Ocean into zones that can be regulated and exploited. The IBRU of Durham University has mapped the known claims, agreed boundaries and potential claims of the surround-Arctic nations in the Arctic to clear the maritime jurisdiction in the region. However, different countries may have different requirements within their jurisdictional areas. Clarifying these requirements is essential for Arctic Navigation of investigation ships and merchant ships for their route planning.</p><p>In this paper, based on the map of maritime jurisdiction and boundaries in Arctic region (IBRU), we analysed the international conventions and relevant laws of the surround-Arctic nations to find out the rights and obligations of ships in different zones. The limitations on activities and recommendations on navigation planning are marked for different zones according to different purposes, i.e. science or commerce. The map could not only provide navigational guidance for the activities in the Arctic Ocean, but offer references for the countries not surrounding the Arctic in the formulation of the Arctic strategies.</p>


Author(s):  
Se-Jin Ahn ◽  
Woo-Seong An ◽  
Tak-Kee Lee ◽  
Kyungsik Choi

Recently, the research activities by domestic and overseas researchers using the Korean ice-breaking research vessel, ARAON have been actively conducted. The ARAON regularly operates for research activities in the Antarctic and the Arctic Ocean every year. She conducts many scientific and engineering tasks including ice load measurement, investigation of the properties of material strength for sea ice, and icebreaking performance test during her voyages. Such tests provide important data for studying icebreaker. Ice-breaking mode is determined by conditions of sea ice and ice field, and it is divided into ramming and continuous icebreaking. When the icebreaker meets thick ice or icebergs, the ramming is conducted. At that time, the ship speed is generally slower than that of the continuous icebreaking. The ARAON conducted icebreaking performance tests at the Amundsen Sea in Antarctica in 2012. Many strain data were measured in the ramming and the continuous icebreaking. This study was based on the strain gauge signals measured by the ARAON during the research voyage in 2012 in the Antarctic and 2010 in the Arctic. The signals measured from repetitive ramming under the heavy ice condition in 2012 in the Antarctic Ocean were classified into the five profiles. And the classified ice load signals were analyzed with a focus on raising time, half-decaying time and total time duration. Also, the signals measured from continuous icebreaking in 2010 in the Arctic Ocean were analyzed in the same way as the ramming data. Finally, the time histories of ice load signals were summarized from the viewpoint of speed change at the time of ice load, and two data sets were compared.


2016 ◽  
Vol 60 (2) ◽  
pp. 63-71
Author(s):  
A. Zagorskii

The article concentrates on two issues articulated by Xu Guangmiao in her article “China's Arctic Interests and Policy: History, Legal Ground and Implementation” published in the same issue of the Journal: Arctic Governance (and particularly the applicability of the "Common Heritage of the Mankind in the Arctic" concept), as well as the concept of the Northern Sea Route “internationalization” based on the navigation freedom principle. Both issues are considered controversial in Russia–China relations. In addressing those issues, the author seeks to separate real and alleged divergences between the two countries. He argues that apparent differences in their particular approaches do not reflect any fundamental divergences and can be transcended if handled pragmatically, with recognition of the sovereignty, sovereign rights and jurisdictions of coastal states, as well as of the non-Arctic states' rights and responsibilities under the Law of the Sea. In particular, the author argues that there is no controversy surrounding China’s expectation that an Area of the Common Heritage of the Mankind would occur in the central part of the Arctic Ocean as long as the process of the continental shelf outer limits setting by the coastal states in the Arctic Ocean takes place within the procedures established by the 1982 UN Convention on the Law of the Sea. Similarly, China accepts the regulation of vessels traffic alongside the Northern Sea Route based on the Article 234 of the Convention, and would not be able to claim the freedom of transit passage through the NSR straits unless it joined the U.S. claim that the straight baselines drawn by Russia (and Canada) effectively including those straits into their internal sea waters violate the provisions of the Convention. So far, China does not. And as long as the NSR water area remains ice-covered for most of the year, this issue remains of theoretical rather than of practical importance.


Author(s):  
A. Fenenko

The article analyzes the problem of revising the interstate borders in the Arctic and the Antarctic legal status. These issues have repeatedly arisen in the international relations. However, the fight for control of circumpolar territories used to be episodic and conducted mainly by diplomatic means. Nowadays, the Arctic powers began to dispute the revision of the boundaries of the Arctic sectors and the distribution of the “oceanic co-management” system on the Arctic Ocean. The debates are conducted concerning the boundaries of the Southern Ocean’s sectors, on the status of the territories adjacent to the Antarctic and on a return to the drafts of sectoral division of Antarctic. These trends increase the risk of interstate confrontation in circumpolar areas. For Russia a possible redistribution of polar spaces does not mean anything positive.


Atmosphere ◽  
2017 ◽  
Vol 8 (12) ◽  
pp. 216 ◽  
Author(s):  
Liyang Zhan ◽  
Man Wu ◽  
Liqi Chen ◽  
Jixia Zhang ◽  
Yuhong Li ◽  
...  

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