A Study on the Laws and Regulations for the Prevention of Vessel-Source Pollution in the Arctic Waters: Focusing on International Code of Safety for Ships Operating in Polar Waters(Polar Code)
0
조회
0
다운로드
0
인용
0
참고문헌
키워드
초록
With the acceleration of the throwing of polar’s sea ice due to the global warming, international community has been interested in the economic benefits of polar waters such as the new sea lane and the exploitation and exploration of oil and gas resources. In particular, the arctic waters, which has been long recognised as th path of expedition, is predicted to increase a number of vessels that wish to pass through its waters due to recent success of commercial voyages that sail across from european to Asia by using the Arctic Waters. Although the most popular passages are the Northwest Passage, which is from the Atlantic to the Pacific Oceans passes through the Canadian Arctic Archipelago, and the Northeast Passage which cross the Arctic north of Russia, the North-centre Passage is expected to be sooner used as the shipping route by reason of dramatically melting of the arctic’s sea-ice. Meanwhile, with the increasing numbers of vessels sailing across in the Arctic waters, international community has voices of concern regarding vessel-source pollution. Due to physical features of the arctic waters, this area is vulnerable to vessel-source pollution considering that it may be difficult to promptly response or take measures in case of accidental discharges and operational discharges of ships than other seas. Hence, the vessels that is using the arctic waters not only have a special attention to prevent vessel-source pollution, but there also is important to take protective measures concerning the international safety requirement for design, construction, equipment, operation and manning of vessels. As a result, the Maritime Safety Committee of International Maritime Organisation has been adopted ‘International Code for Ships Operating in Polar Waters(Polar Code)’ and new chapter XIV(Safety Measures for Ships Operating in Polar Waters) of the SOLAS for the purpose of authorizing legal binding of Polar Code. In addition, at the sixty eighth session of Marine Environment Protection Committee on 15 May 2015 has been adopted the parts Ⅱ-A and Ⅱ-B of the Polar Code and the related amendments to MARPOL73/78 Annexes Ⅰ(Prevention of Pollution by Oil), Ⅱ(Control of Pollution by Noxious Liquid Substances in Bulk), Ⅳ (Prevention of Pollution by Sewage), and Ⅴ(Prevention of Pollution by Garbage). The purpose of the Polar Code is to offer the safety operation and protection of the polar environment. The Polar Code already entered into force 1 January 2017 upon along with the entry into force the associated amendments to MARPOL73/78 and SOLAS. The content of Polar Code consist of Part I and Part II and the structure of its Code constitute that while Part A is mandatory provisions, Part B is recommendatory provisions. This study will look at the economic advantages of the arctic waters as new shipping’s route. Afterwards, this study will examine the significance and the issues of implementation of the Polar Code to prevent vessel- source pollution in the arctic waters. Further, after analysing the enacting progress and the main contents of the Polar Code, it will suggest the recommendations and the improvement for the Polar Code to combat vessel-source pollution in the arctic waters.
Abstract
With the acceleration of the throwing of polar’s sea ice due to the global warming, international community has been interested in the economic benefits of polar waters such as the new sea lane and the exploitation and exploration of oil and gas resources. In particular, the arctic waters, which has been long recognised as th path of expedition, is predicted to increase a number of vessels that wish to pass through its waters due to recent success of commercial voyages that sail across from european to Asia by using the Arctic Waters. Although the most popular passages are the Northwest Passage, which is from the Atlantic to the Pacific Oceans passes through the Canadian Arctic Archipelago, and the Northeast Passage which cross the Arctic north of Russia, the North-centre Passage is expected to be sooner used as the shipping route by reason of dramatically melting of the arctic’s sea-ice. Meanwhile, with the increasing numbers of vessels sailing across in the Arctic waters, international community has voices of concern regarding vessel-source pollution. Due to physical features of the arctic waters, this area is vulnerable to vessel-source pollution considering that it may be difficult to promptly response or take measures in case of accidental discharges and operational discharges of ships than other seas. Hence, the vessels that is using the arctic waters not only have a special attention to prevent vessel-source pollution, but there also is important to take protective measures concerning the international safety requirement for design, construction, equipment, operation and manning of vessels. As a result, the Maritime Safety Committee of International Maritime Organisation has been adopted ‘International Code for Ships Operating in Polar Waters(Polar Code)’ and new chapter XIV(Safety Measures for Ships Operating in Polar Waters) of the SOLAS for the purpose of authorizing legal binding of Polar Code. In addition, at the sixty eighth session of Marine Environment Protection Committee on 15 May 2015 has been adopted the parts Ⅱ-A and Ⅱ-B of the Polar Code and the related amendments to MARPOL73/78 Annexes Ⅰ(Prevention of Pollution by Oil), Ⅱ(Control of Pollution by Noxious Liquid Substances in Bulk), Ⅳ (Prevention of Pollution by Sewage), and Ⅴ(Prevention of Pollution by Garbage). The purpose of the Polar Code is to offer the safety operation and protection of the polar environment. The Polar Code already entered into force 1 January 2017 upon along with the entry into force the associated amendments to MARPOL73/78 and SOLAS. The content of Polar Code consist of Part I and Part II and the structure of its Code constitute that while Part A is mandatory provisions, Part B is recommendatory provisions. This study will look at the economic advantages of the arctic waters as new shipping’s route. Afterwards, this study will examine the significance and the issues of implementation of the Polar Code to prevent vessel- source pollution in the arctic waters. Further, after analysing the enacting progress and the main contents of the Polar Code, it will suggest the recommendations and the improvement for the Polar Code to combat vessel-source pollution in the arctic waters.
참고문헌 (47)
- ICJ Rep 4, , 1949
- R.Rothwell D, "The Polar Regions and the Development of International Law" (2006), Cambridge University Press
- R.Rothwell D, "Protecting The Polar Marine Environment" (2006), Cambridge Univ Press
- R.Rothwell D, "Protecting The Polar Marine Environment" (2006), Cambridge Univ Press
- Brubaker R.D, "Protecting The Polar Marine Environment" (2006), Cambridge Univ Press
- Johansson T, "Ocean Governance and Environmental Law in the Paradigm Shift In Search of A Pragmatic Balance" (2015), Springer Briefs in Law
- Birnie P, "International Law and the Environment" (2002), Oxford University Press
- Weidemann L, "International Governance of the Arctic Marine Environment" (2014), Springer
- Byers M, "International Law and the Arctic" (2013), Cambridge University Press
- Moore JN, "International Energy Policy, The Arctic and The Law of The Sea" (2005), MartinusNijhoff Publishers
- Henriksen T, "Shipping, Law and the Marine Environment in the 21st Century" (2013), Lawtext Publishing Limited
- R. Rothwell D, "The International Law of the Sea" (2016), Hart Publishing
- R. Rothwell D, "International Law and Arctic Shipping", Michigan State International Law Review, 22 (2013)
- Jensen ØØ, "The International Code for Ships Operating in Polar Waters:Finalization, Adoption and Law of the Sea Implications", Arctic Review on Law and Politics, 7 (2016)
- De La Fayette L, "Oceans Governance in the Arctic", International Journal of Marine and Coastal Law, 23 (2008)
- Anderson H.E, "Polar Shipping, the Forthcoming Polar Code and Implications for the Polar Environments", Journal of Maritime Law & Commerce, 43 (2012)
- Chircop A, "The Growth of International Shipping in the Arctic: Is a Regulatory Review Timely?", International Journal of Marine and Coastal Law, 24 (2009)
- Kitagawa H, "Arctic Routing: Challenges and Opportunities", WMU Journal of Maritime Affairs, 7 (2008)
- Mitkidis K.P, "The Role of Private Actors in Regulation of Arctic Shipping", Lloyd’s Maritime and Commercial Law Quarterly (2016)
- C. Howson N, "Breaking the Ice: The Canadian-American Dispute over the Arctic’s Northwest Passage", Columbia Journal of Transnational Law, 337 (1987)
- Solski J.J, "New developments in Russian regulation of navigation on the Northern sea route", Arctic Review on Law and Politics, 4 (2013)
- McRae D, "Environmental Jurisdiction in Arctic Waters:The Extent of Article 234", University of British Columbia Law Review, 16 (1982)
- BuixadéFarré A, "Commercial Arctic Shipping through the Northeast Passage: Routes, Resources, Governance, Technology, And Infrastructure", Polar Geography, 37 (2014)
- C. Joyner C, "United States Legislation and the Polar Oceans", Ocean Development &International Law, 29 (1998)
- Bognar D, "Russian Proposals on the Polar Code: Contributing to Common Rules or Furthering State Interests?", Arctic Review on Law and Politic, 7 (2016)
- O. G. Wanerman R, "Freezing out Noncompliant Ships: Why the Arctic Council Must Enforce the Polar Code", Case Western Reserve Journal of International Law, 47 (2015)
- Bang H.S, "Port State Jurisdiction and Article 218 of the UN Convention on the Law of Sea", Journal of Maritime Law & Commerce, 40 (2009)
- Liu N, "Can the Polar Code Save the Arctic?", American Society of International Law, 20 (2016)
- IMO, "Guidelines for Ships Operating in Arctic Ice-Covered Waters", IMO doc. MSC, MEPC, pp.Circ.399, 2002[DOI]
- IMO, "Maritime Safety Committee, 79th session, Agenda item 23, Report of the Maritime Safety Committee on its seventy-ninth session", IMO DOC. MSC 79, 2004
- IMO, "Maritime Safety Committee, 86th session, Agenda item 23, Mandatory application of the polar guidelines, Submitted by Denmark", Norway and the United States, ~ (2009)
- IMO, "Sub-Committee on Ship Design and Equipment, 54th session, Agenda item13, Risk-based concept, submitted by Germany", IMO Doc. 54, 1, pp.2010, ~
- IMO Assembly, "Guidelines for Ships Operating in Polar Waters", Resolution A.1024 (26), ~
- IMO, "Sub-Committee on Ship Design and Equipment, 57th session, Polar Code Operating Manual", DE 57, 11, pp.22 and DE 57, 11[DOI]
- IMO, "Maritime Safety Committee, 94th session, Resolution MSC.380(94), ‘Amendments to The International Convention for the Safety of Life at Sea(SOLAS),1974, as Amended’", ~ (2014)
- IMO, "Maritime Environmental Protection Committee, 68th session, Resolution MEPC.265 (68), Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the prevention of Pollution from ships, 1973", ~ (2015)
- IMO, "Marine Environment Protection Committee, 68th session, Resolution MEPC.265(68 ‘Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the prevention of Pollution from Ships, 1973’", ~ (2015)
- IMO, "Maritime Safety Committee, 95th session, Agenda item 21, Request for data on incidents within polar waters Submitted by Iceland, New Zealand and South Africa", MSC, 21, pp.3, 2015[DOI]
- W. Brigham L, "'The Fast-Changing Maritime Arctic", U.S. Naval Institute Proceeding, 136, pp.54~ (2010)
- Deggim H, "Ensuring Safe, Secure and Reliable Shipping in the arctic waters", NATO Advanced Research Workshop on Environmental security in the arctic waters (2010), Cambridge, Scott Polar Research Institute
- Deggim H, "International Requirement for Ships Operating in Polar Waters", Meeting of experts on the management of ship-borne tourism in the Antarctic Treaty Area in Wellington (2009)
- Governance of Arctic Marine Shipping, "ZwaagD.V", ~ (2008)
- AMAP, "Arctic pollution 2002: Persistent organic pollutants, Heavy metals, Radioactivity, Human health, changing pathways. Arctic Monitoring and Assessment Program", AMAP, ~ (2002)
- Arctic Marine Shipping Assessment 2009, "Arctic Council", ~, pp.Report40 (2009)
- Legal Aspects of Arctic Shipping Summary Report - EU Law and Publications, "European Commission Maritime Affairs and Fisheries", European Union, ~ (2010)
- Arctic Marine Shipping Assessment 2009 Report, "The PAME of Arctic Council", ~ (2009)
- IMO Polar Code Advisory, "American Bureau of Shipping", ABS, ~ (2016)