Arctic Port State Control as a Tool of Enforcement of the Polar Code
Intensification of Arctic shipping requires the regional states to take appropriate measures aimed at mitigation of emerging risks. This relates to ensuring the compliance by vessels with the relevant provisions of international law in the field of safety of navigation and protection of the marine e...
Published in: | Outlines of global transformations: politics, economics, law |
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Ассоциация независимых экспертов «Центр изучения кризисного общества» (in English: Association for independent experts “Center for Crisis Society Studies”)
2019
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Online Access: | https://doi.org/10.23932/2542-0240-2019-12-5-160-176 https://doaj.org/article/269e578ccf8f4249b34841b999f77162 |
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ftdoajarticles:oai:doaj.org/article:269e578ccf8f4249b34841b999f77162 2023-12-03T10:13:49+01:00 Arctic Port State Control as a Tool of Enforcement of the Polar Code A. A. Todorov 2019-09-01T00:00:00Z https://doi.org/10.23932/2542-0240-2019-12-5-160-176 https://doaj.org/article/269e578ccf8f4249b34841b999f77162 EN RU eng rus Ассоциация независимых экспертов «Центр изучения кризисного общества» (in English: Association for independent experts “Center for Crisis Society Studies”) https://www.ogt-journal.com/jour/article/view/532 https://doaj.org/toc/2542-0240 https://doaj.org/toc/2587-9324 2542-0240 2587-9324 doi:10.23932/2542-0240-2019-12-5-160-176 https://doaj.org/article/269e578ccf8f4249b34841b999f77162 Контуры глобальных трансформаций: политика, экономика, право, Vol 12, Iss 5, Pp 160-176 (2019) arctic international law un convention on the law of the sea polar code safety of navigation protection of the marine environment port state control regional cooperation International relations JZ2-6530 article 2019 ftdoajarticles https://doi.org/10.23932/2542-0240-2019-12-5-160-176 2023-11-05T01:43:57Z Intensification of Arctic shipping requires the regional states to take appropriate measures aimed at mitigation of emerging risks. This relates to ensuring the compliance by vessels with the relevant provisions of international law in the field of safety of navigation and protection of the marine environment. The Polar code, which entered into force in 2017, set the minimum safety and environmental standards for the vessels navigating in the severe waters of the Arctic and the Antarctic. However, under the Code the responsibilty for ensuring compliance with the requirements rests with the administration of the flag state. In general, this reflects the approach of the international law, according to which the flag state is fully responsible for ensuring that a vessel under its flag meets international standards. Nevertheless, polar shipping represents a special kind of activities, which requires special experience and skills, including of the flag state administration carrying out the control. The problem is aggravated by the fact that vessels navigate in the Arctic waters often under a flag of convinience, with states not being able to perform a proper control. One of the potential efficient measures to ensure the compliance with the provisins of the Polar Code by vessels in the Arctic is the development of a regional port state control mechanism. Such instruments are widely used on the regional level and are highly valued by the International Maritime Organization. Implementation of an Arctic port state control mechanism will require development of a vessel inspections system aimed at ensuring compliance with the Polar Code standards, exchange of information between participating states, in particular on non-compliant vessels and weather forecasts in specific areas of the Arctic. An important element of the Arctic mechanism should be engaging of non-arctic states from Asia and Northern Europe, given that states from these regions would be the ports of departure in case of a transit passage through the Arctic ... Article in Journal/Newspaper Antarc* Antarctic Arctic Law of the Sea Directory of Open Access Journals: DOAJ Articles Antarctic Arctic The Antarctic Outlines of global transformations: politics, economics, law 12 5 160 176 |
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Open Polar |
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Directory of Open Access Journals: DOAJ Articles |
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ftdoajarticles |
language |
English Russian |
topic |
arctic international law un convention on the law of the sea polar code safety of navigation protection of the marine environment port state control regional cooperation International relations JZ2-6530 |
spellingShingle |
arctic international law un convention on the law of the sea polar code safety of navigation protection of the marine environment port state control regional cooperation International relations JZ2-6530 A. A. Todorov Arctic Port State Control as a Tool of Enforcement of the Polar Code |
topic_facet |
arctic international law un convention on the law of the sea polar code safety of navigation protection of the marine environment port state control regional cooperation International relations JZ2-6530 |
description |
Intensification of Arctic shipping requires the regional states to take appropriate measures aimed at mitigation of emerging risks. This relates to ensuring the compliance by vessels with the relevant provisions of international law in the field of safety of navigation and protection of the marine environment. The Polar code, which entered into force in 2017, set the minimum safety and environmental standards for the vessels navigating in the severe waters of the Arctic and the Antarctic. However, under the Code the responsibilty for ensuring compliance with the requirements rests with the administration of the flag state. In general, this reflects the approach of the international law, according to which the flag state is fully responsible for ensuring that a vessel under its flag meets international standards. Nevertheless, polar shipping represents a special kind of activities, which requires special experience and skills, including of the flag state administration carrying out the control. The problem is aggravated by the fact that vessels navigate in the Arctic waters often under a flag of convinience, with states not being able to perform a proper control. One of the potential efficient measures to ensure the compliance with the provisins of the Polar Code by vessels in the Arctic is the development of a regional port state control mechanism. Such instruments are widely used on the regional level and are highly valued by the International Maritime Organization. Implementation of an Arctic port state control mechanism will require development of a vessel inspections system aimed at ensuring compliance with the Polar Code standards, exchange of information between participating states, in particular on non-compliant vessels and weather forecasts in specific areas of the Arctic. An important element of the Arctic mechanism should be engaging of non-arctic states from Asia and Northern Europe, given that states from these regions would be the ports of departure in case of a transit passage through the Arctic ... |
format |
Article in Journal/Newspaper |
author |
A. A. Todorov |
author_facet |
A. A. Todorov |
author_sort |
A. A. Todorov |
title |
Arctic Port State Control as a Tool of Enforcement of the Polar Code |
title_short |
Arctic Port State Control as a Tool of Enforcement of the Polar Code |
title_full |
Arctic Port State Control as a Tool of Enforcement of the Polar Code |
title_fullStr |
Arctic Port State Control as a Tool of Enforcement of the Polar Code |
title_full_unstemmed |
Arctic Port State Control as a Tool of Enforcement of the Polar Code |
title_sort |
arctic port state control as a tool of enforcement of the polar code |
publisher |
Ассоциация независимых экспертов «Центр изучения кризисного общества» (in English: Association for independent experts “Center for Crisis Society Studies”) |
publishDate |
2019 |
url |
https://doi.org/10.23932/2542-0240-2019-12-5-160-176 https://doaj.org/article/269e578ccf8f4249b34841b999f77162 |
geographic |
Antarctic Arctic The Antarctic |
geographic_facet |
Antarctic Arctic The Antarctic |
genre |
Antarc* Antarctic Arctic Law of the Sea |
genre_facet |
Antarc* Antarctic Arctic Law of the Sea |
op_source |
Контуры глобальных трансформаций: политика, экономика, право, Vol 12, Iss 5, Pp 160-176 (2019) |
op_relation |
https://www.ogt-journal.com/jour/article/view/532 https://doaj.org/toc/2542-0240 https://doaj.org/toc/2587-9324 2542-0240 2587-9324 doi:10.23932/2542-0240-2019-12-5-160-176 https://doaj.org/article/269e578ccf8f4249b34841b999f77162 |
op_doi |
https://doi.org/10.23932/2542-0240-2019-12-5-160-176 |
container_title |
Outlines of global transformations: politics, economics, law |
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12 |
container_issue |
5 |
container_start_page |
160 |
op_container_end_page |
176 |
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1784260760974655488 |