The “Arctic Exception” in the Law of the Sea Convention: A Contribution to Safer Navigation in the Northwest Passage?

Bartenstein, Kristin

doi:10.1080/00908320.2011.542104

Cited by 25 publications

(9 citation statements)

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“…However, ambiguity as to the precise meaning of 'due regard' and whether these rights apply also in the territorial sea (and, therefore, might restrict the right to unimpeded transit passage that foreign vessels have in straits used for international navigation) renders Article 234 contestable as a basis for ambitious coastal state regulation of Arctic shipping. 23 Both Canada and Russia have adopted standards on the design, construction, equipment and manning of vessels operating in Arctic waters adjacent to their coasts that are stricter than those agreed in IMO instruments. 24 Neither state relies primarily on Article 234 for these standards, however; both claim that parts of the shipping lanes in question are internal waters-claims that are explicitly contested by the USA, and in the case of Canada also by the EU.…”

Section: Strategic Analysismentioning

confidence: 99%

Asian Stakes and Arctic Governance

Stokke

2014

Strategic Analysis

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Building on stakeholder management theory, this article examines the salience of Asian stakes in three key areas of Arctic governance: management and use of natural resources; shipping; and environmental protection. The Asian states that are now permanent observers in the Arctic Council have significant stakes in Arctic governance, but their salience varies considerably across these issue areas. Viewing stakeholder patterns in relation to the differentiated roles that the Arctic Council plays in Arctic governance makes it possible to derive some policy implications regarding the depth of Asian state involvement in that body.

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Section: Strategic Analysismentioning

confidence: 99%

Asian Stakes and Arctic Governance

Stokke

2014

Strategic Analysis

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“…It has been argued that Article 234's due regard clause introduces a sui generis regime of navigation, giving more weight to environmental considerations than the established navigational regimes do. 71 If that is the case, prior authorization could be justified by Article 234, even if apparently inconsistent with the traditionally framed navigational rights and freedoms. This discussion purports to evaluate the reasonableness of the measure.…”

Section: Prior Authorization and Article 234mentioning

confidence: 99%

Northern Sea Route Permit Scheme: Does Article 234 of UNCLOS Allow Prior Authorization?

Solski¹

2021

OCYO

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“…However, Article 234 UNCLOS only applies in parts of EEZs that are covered by sea ice for most of the year. Although Article 234 UNCLOS is sometimes referred to as the "Arctic exception" (Bartenstein, 2011) in the UNCLOS and has its origins in measures taken by Canada to protect its Arctic waters (Stokke, 2020, p. 93), the norm's potential geographical scope is not limited to the Arctic (Kirchner, 2020). This possibility, however, remains hypothetical.…”

Section: Sea-ice Cover As a Legal Considerationmentioning

confidence: 99%

Almost Arctic?: Protecting the Baltic marine environment through international law

Kirchner¹,

Dervovic²

2021

Strani pravni život

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The Baltic Sea, the heart of the Baltic region, is one of the most polluted seas worldwide. For the countries of the Baltic region, the relative importance of the Baltic Sea varies, but all coastal states of the Baltic Sea use the sea and influence it through their manifold activities. The protection of the Baltic Sea therefore is a shared concern for the coastal states. This shared concern has led to the emergence of a specific international legal régime governing the Baltic Sea. In this text, current threats to the Baltic Sea's natural environment and the international legal measures that are taken to protect the sea are described, in particular with a view to possible improvements. Particular emphasis will be placed on the northernmost part of the Baltic Sea, the sub-Arctic Bay of Bothnia that faces particular environmental challenges.

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The “Arctic Exception” in the Law of the Sea Convention: A Contribution to Safer Navigation in the Northwest Passage?

Cited by 25 publications

References 0 publications

Asian Stakes and Arctic Governance

Asian Stakes and Arctic Governance

Northern Sea Route Permit Scheme: Does Article 234 of UNCLOS Allow Prior Authorization?

Almost Arctic?: Protecting the Baltic marine environment through international law

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