An International Approach to Environmental Protection in the Northwest Passage

• Main Author: Leschied, Benjamin
• Other Authors: Brunnee, Jutta, Law
• Format: Thesis
• Language: English
• Subjects: 0398; Arctic; Northwest Passage; Arctic Archipelago; Arctic Council; Law of the Sea; Northwest passage; ice covered waters
• Online Access: http://hdl.handle.net/1807/31303

This paper evaluates the current international environmental regime governing shipping through the Northwest Passage. Significant literature now exists claiming that the sole means by which to afford adequate protection for the Arctic marine environment is through a Canadian assertion of sovereignty. Historically, there have been strong challenges to Canada’s assertion of sovereignty over the waters of the Arctic Archipelago. Further, a focus on sovereignty could in fact be detrimental to the Canadian position, since it distracts from the practical issues involved in protecting the Arctic environment. Based on three primary sources of international law, namely the UN Law of the Sea Convention, the IMO Guidelines for Ships Navigating in Ice-Covered Waters and the activities of the Arctic Council, this paper argues that the current international regime provides a strong and adequate basis on which to pursue protection for the Arctic environment. MAST