Navigating between freedom of navigation and coastal State jurisdiction: An analysis of Russia’s participation in the negotiation of the IMO’s mandatory Polar Code, 2009-2015, from a deliberative theory framework
As a response to the increase in human activity reliant on navigation in polar areas and concomitant challenges and risks, the International Maritime Organization (IMO) developed mandatory regulations in the form of the International Code for Ships Operating in Polar Waters (Polar Code). The Polar C...
Main Author: | |
---|---|
Format: | Doctoral or Postdoctoral Thesis |
Language: | English |
Published: |
UiT Norges arktiske universitet
2019
|
Subjects: | |
Online Access: | https://hdl.handle.net/10037/16096 |
id |
ftunivtroemsoe:oai:munin.uit.no:10037/16096 |
---|---|
record_format |
openpolar |
institution |
Open Polar |
collection |
University of Tromsø: Munin Open Research Archive |
op_collection_id |
ftunivtroemsoe |
language |
English |
topic |
VDP::Social science: 200::Political science and organizational theory: 240::International politics: 243 VDP::Samfunnsvitenskap: 200::Statsvitenskap og organisasjonsteori: 240::Internasjonal politikk: 243 Arctic shipping international decision-making law of the sea arguing and bargaining DOKTOR-001 |
spellingShingle |
VDP::Social science: 200::Political science and organizational theory: 240::International politics: 243 VDP::Samfunnsvitenskap: 200::Statsvitenskap og organisasjonsteori: 240::Internasjonal politikk: 243 Arctic shipping international decision-making law of the sea arguing and bargaining DOKTOR-001 Bognar-Lahr, Dorottya Navigating between freedom of navigation and coastal State jurisdiction: An analysis of Russia’s participation in the negotiation of the IMO’s mandatory Polar Code, 2009-2015, from a deliberative theory framework |
topic_facet |
VDP::Social science: 200::Political science and organizational theory: 240::International politics: 243 VDP::Samfunnsvitenskap: 200::Statsvitenskap og organisasjonsteori: 240::Internasjonal politikk: 243 Arctic shipping international decision-making law of the sea arguing and bargaining DOKTOR-001 |
description |
As a response to the increase in human activity reliant on navigation in polar areas and concomitant challenges and risks, the International Maritime Organization (IMO) developed mandatory regulations in the form of the International Code for Ships Operating in Polar Waters (Polar Code). The Polar Code aims to enhance ship safety and environmental protection in Arctic and Antarctic waters. In so doing, it potentially affects the balance set in the United Nations Convention on the Law of the Sea between the two defining principles of the law of the sea: freedom of navigation and coastal State jurisdiction. The Polar Code could both influence that balance and be influenced by interested States. The research in this thesis adds to our understanding of how the international community navigates between such deeply rooted principles, especially in technical international organisations such as the IMO, largely by placing one key actor in its research focus – the Russian Federation. Based on deliberative theory and analysing the IMO’s documentary material, this thesis examines Russia’s contribution to the IMO’s international regulatory process vis-à-vis national areas of interest. This research shows Russia being pulled between the two competing principles and mostly following its self-interest instead of utilising its experience in Arctic shipping to the benefit of international community. In so doing, Russia is contrasted with Canada, another State with major material and jurisdictional stakes in the field of Arctic navigation. Finally, this thesis shows how actors, when creating international regulations, deal with the conflict of the defining principles of the law of the sea by avoiding direct debate on them. At the same time, these principles still affect the IMO’s decision-making process in different ways, which in turn opens the possibility to incremental changes in the interpretation of the international law of the sea. |
format |
Doctoral or Postdoctoral Thesis |
author |
Bognar-Lahr, Dorottya |
author_facet |
Bognar-Lahr, Dorottya |
author_sort |
Bognar-Lahr, Dorottya |
title |
Navigating between freedom of navigation and coastal State jurisdiction: An analysis of Russia’s participation in the negotiation of the IMO’s mandatory Polar Code, 2009-2015, from a deliberative theory framework |
title_short |
Navigating between freedom of navigation and coastal State jurisdiction: An analysis of Russia’s participation in the negotiation of the IMO’s mandatory Polar Code, 2009-2015, from a deliberative theory framework |
title_full |
Navigating between freedom of navigation and coastal State jurisdiction: An analysis of Russia’s participation in the negotiation of the IMO’s mandatory Polar Code, 2009-2015, from a deliberative theory framework |
title_fullStr |
Navigating between freedom of navigation and coastal State jurisdiction: An analysis of Russia’s participation in the negotiation of the IMO’s mandatory Polar Code, 2009-2015, from a deliberative theory framework |
title_full_unstemmed |
Navigating between freedom of navigation and coastal State jurisdiction: An analysis of Russia’s participation in the negotiation of the IMO’s mandatory Polar Code, 2009-2015, from a deliberative theory framework |
title_sort |
navigating between freedom of navigation and coastal state jurisdiction: an analysis of russia’s participation in the negotiation of the imo’s mandatory polar code, 2009-2015, from a deliberative theory framework |
publisher |
UiT Norges arktiske universitet |
publishDate |
2019 |
url |
https://hdl.handle.net/10037/16096 |
geographic |
Antarctic Arctic Canada |
geographic_facet |
Antarctic Arctic Canada |
genre |
Antarc* Antarctic Arctic Arctic Arctic review on law and politics Law of the Sea The Polar Journal |
genre_facet |
Antarc* Antarctic Arctic Arctic Arctic review on law and politics Law of the Sea The Polar Journal |
op_relation |
Paper I: Bognar, D. (2016). Russian Proposals on the Polar Code: Contributing to Common Rules or Furthering State Interests? Arctic Review on Law and Politics, 7 (2), 111-135. Also available in Munin at https://hdl.handle.net/10037/10344. Paper II: Bognar, D. (2018). Russia and the Polar Marine Environment: The Negotiation of the Environmental Protection Measures of the Mandatory Polar Code. Review of European, Comparative & International Environmental Law, 27 (1), 35-44. The paper is available in the file “thesis_entire.pdf”. Also available at https://doi.org/10.1111/reel.12233. Paper III: Bognar, D. (2018). The Elephant in the Room: Article 234 of the Law of the Sea Convention and the Polar Code as an Incompletely Theorised Agreement. The Polar Journal, 8 ,(1), 182-203. The paper is available in the file “thesis_entire.pdf”. Also available at https://doi.org/10.1080/2154896X.2018.1468627. Accepted manuscript version is available in Munin at https://hdl.handle.net/10037/14641. Paper IV: Bognar, D. In the Same Boat? A Comparative Analysis of the Approaches of Russia and Canada in the Negotiation of the IMO’s Mandatory Polar Code. (Submitted manuscript). Now published in Ocean Development and International Law, 2019, 51 (2), 143-161, available at https://doi.org/10.1080/00908320.2019.1680491 . Accepted manuscript available in Munin at https://hdl.handle.net/10037/18003 . https://hdl.handle.net/10037/16096 |
op_rights |
embargoedAccess Copyright 2019 The Author(s) |
_version_ |
1766257557636120576 |
spelling |
ftunivtroemsoe:oai:munin.uit.no:10037/16096 2023-05-15T13:52:48+02:00 Navigating between freedom of navigation and coastal State jurisdiction: An analysis of Russia’s participation in the negotiation of the IMO’s mandatory Polar Code, 2009-2015, from a deliberative theory framework Bognar-Lahr, Dorottya 2019-09-26 https://hdl.handle.net/10037/16096 eng eng UiT Norges arktiske universitet UiT The Arctic University of Norway Paper I: Bognar, D. (2016). Russian Proposals on the Polar Code: Contributing to Common Rules or Furthering State Interests? Arctic Review on Law and Politics, 7 (2), 111-135. Also available in Munin at https://hdl.handle.net/10037/10344. Paper II: Bognar, D. (2018). Russia and the Polar Marine Environment: The Negotiation of the Environmental Protection Measures of the Mandatory Polar Code. Review of European, Comparative & International Environmental Law, 27 (1), 35-44. The paper is available in the file “thesis_entire.pdf”. Also available at https://doi.org/10.1111/reel.12233. Paper III: Bognar, D. (2018). The Elephant in the Room: Article 234 of the Law of the Sea Convention and the Polar Code as an Incompletely Theorised Agreement. The Polar Journal, 8 ,(1), 182-203. The paper is available in the file “thesis_entire.pdf”. Also available at https://doi.org/10.1080/2154896X.2018.1468627. Accepted manuscript version is available in Munin at https://hdl.handle.net/10037/14641. Paper IV: Bognar, D. In the Same Boat? A Comparative Analysis of the Approaches of Russia and Canada in the Negotiation of the IMO’s Mandatory Polar Code. (Submitted manuscript). Now published in Ocean Development and International Law, 2019, 51 (2), 143-161, available at https://doi.org/10.1080/00908320.2019.1680491 . Accepted manuscript available in Munin at https://hdl.handle.net/10037/18003 . https://hdl.handle.net/10037/16096 embargoedAccess Copyright 2019 The Author(s) VDP::Social science: 200::Political science and organizational theory: 240::International politics: 243 VDP::Samfunnsvitenskap: 200::Statsvitenskap og organisasjonsteori: 240::Internasjonal politikk: 243 Arctic shipping international decision-making law of the sea arguing and bargaining DOKTOR-001 Doctoral thesis Doktorgradsavhandling 2019 ftunivtroemsoe 2021-06-25T17:56:49Z As a response to the increase in human activity reliant on navigation in polar areas and concomitant challenges and risks, the International Maritime Organization (IMO) developed mandatory regulations in the form of the International Code for Ships Operating in Polar Waters (Polar Code). The Polar Code aims to enhance ship safety and environmental protection in Arctic and Antarctic waters. In so doing, it potentially affects the balance set in the United Nations Convention on the Law of the Sea between the two defining principles of the law of the sea: freedom of navigation and coastal State jurisdiction. The Polar Code could both influence that balance and be influenced by interested States. The research in this thesis adds to our understanding of how the international community navigates between such deeply rooted principles, especially in technical international organisations such as the IMO, largely by placing one key actor in its research focus – the Russian Federation. Based on deliberative theory and analysing the IMO’s documentary material, this thesis examines Russia’s contribution to the IMO’s international regulatory process vis-à-vis national areas of interest. This research shows Russia being pulled between the two competing principles and mostly following its self-interest instead of utilising its experience in Arctic shipping to the benefit of international community. In so doing, Russia is contrasted with Canada, another State with major material and jurisdictional stakes in the field of Arctic navigation. Finally, this thesis shows how actors, when creating international regulations, deal with the conflict of the defining principles of the law of the sea by avoiding direct debate on them. At the same time, these principles still affect the IMO’s decision-making process in different ways, which in turn opens the possibility to incremental changes in the interpretation of the international law of the sea. Doctoral or Postdoctoral Thesis Antarc* Antarctic Arctic Arctic Arctic review on law and politics Law of the Sea The Polar Journal University of Tromsø: Munin Open Research Archive Antarctic Arctic Canada |