The “Arctic Exception” in the Law of the Sea Convention : a contribution to safer navigation in the Northwest Passage?

• Published in: Ocean Development & International Law
• Main Author: Bartenstein, Kristin
• Format: Article in Journal/Newspaper
• Language: English
• Published: Taylor & Francis Group 2011
• Subjects: droit; geo; Arctic; Canada; Northwest Passage; Arctique*; Law of the Sea; Northwest passage
• Online Access: https://hdl.handle.net/20.500.11794/69621; https://doi.org/10.1080/00908320.2011.542104

This article examines the so-called “Arctic exception,” Article 234 of the 1982 UN Convention on the Law of the Sea. Article 234 is intended to give the coastal state of ice-covered sea areas the necessary powers to prevent, reduce, and control vessel source pollution, which poses a particular risk to the highly sensitive Arctic marine environment. The aim of this article is to present a thorough interpretation of Article 234 in order to eventually evaluate the provision’s significance for Arctic navigation, specifically in the Canadian Arctic and the Northwest Passage.