Abstract
There has been large-scale ocean-based international trade for millennia.
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Notes
- 1.
Elizabeth R. DeSombre and J. Samuel Barkin, “International Trade and Ocean Governance” in Securing the Oceans: Essays on Ocean Governance-Global and Regional Perspectives, Chua Thia-Eng, Gunnar Kullenberg and Danilo Bonga (eds.), January 2008, Published by GEF, UNDP and IMO in association with the Nippon Foundation, p. 160, where it is stated that such trades include the trade between ancient Rome and Egypt, and between Mediterranean and the Baltic from the late Middle ages to the Renaissance.
- 2.
Ibid, See also, Martin Stopford, Maritime Economics, 2009, London: Routledge, Taylor and Francis Group, where it is highlighted that “[t]he transport industry has been one of the prime forces responsible for shifting the world from an essentially national system to the global economy that exists today.”
- 3.
Ibid. pp. 161–163, where it is stated that “[l]iberalization over the past 2 decades has had the effect of bringing countries into the international trade system, such as China, that were previously only marginally involved in it”.
- 4.
Supra note 1, See also, Peter Ehlers, “Effects of Climate Change on Maritime Transportation” in Impacts of Climate Change on the Maritime Industry, The proceedings of the Conference on Impacts of Climate Change on the Maritime Industry, 2–4 June 2008 (Sweden), Neil Bellefontaine and Olof Linden (eds.), 2009, World Maritime University Publications, p. 52, where it is stated that the NSR leads from Northern Europe around North Cape and along Siberia through the Bering Strait to Asia and shorten 11,000–12,000 nautical mile sea routes from Europe to Asia by 4,000 miles.
- 5.
Ibid, where it is stated that the NWP is a sea route that connects the Atlantic and Pacific Oceans through the Canadian Arctic Archipelago and ship routes via the NWP from Europe to Japan, China and other Eastern destinations would be 2,500 miles shorter.
- 6.
Nathan D. Mulherin, The Northern Sea Route: its development and evolving state of operations in the 1990s/Nathan D. Mulherin; prepared for U.S. Army Engineer District, Alaska, 1996, U.S. Army Corps of Engineers, Cold Regions Research & Engineering Laboratory.
- 7.
Janelle Kennedy, Arthur J. Hanson and Jack Mathias, “Ocean Governance in the Arctic: A Canadian Perspective” in Securing the Oceans: Essays on Ocean Governance-Global and Regional Perspectives, Chua Thia-Eng, Gunnar Kullenberg and Danilo Bonga (eds.), January 2008, Published by GEF, UNDP and IMO in association with the Nippon Foundation, p. 635.
- 8.
Ibid.
- 9.
Supra note 1.
- 10.
Ibid., p. 160, para 1, where it is indicated that “[t]he oceans have played both of these roles in human commerce for thousands of years. But the impact of both kinds of commerce on ocean ecosystem has increased exponentially in the past century”.
- 11.
Supra note 5 in Chap. 1, See Article 1(4), where it is expressly stated that, “…the introduction by man, directly or indirectly, of substances or energy into the marine environment, including estuaries, which results or is likely to result in such deleterious effects as harm to living resources and marine life, hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the sea, impairment of quality for use of sea and water and reduction of amenities”.
- 12.
Michael Elliot, “Biological pollutants and biological pollution-an increasing cause for concern”, Marine Pollution Bulletin, 2003, volume 46:1, Publications expediting incorporation, p. 275, whereby it has been explained that biological pollution as opposed to any other ship source pollution has been transparently taken to comprehend the pollution emanating from organisms i.e. nutrients or organic matter, and even pollution affecting biological organisms. The author furthers the interpretation as the effects of introduced, invasive species sufficient to disturb an individual, a population or a community; including the production of adverse economic consequences.
- 13.
Ibid., p. 170.
- 14.
Ibid., p. 171.
- 15.
Supra note 42 in Chap. 1, p. 420.
- 16.
Supra note 5 in Chap. 4, pp. 131–170.
- 17.
Ibid.
- 18.
G. Kullenberg, “Approaches to addressing the problems of pollution of the marine environment”, Ocean and Coastal Management, Volume 42, Number 12, December 1999, pp. 999–1018; See also, Marc. A. Levy, “Is the Environment a National Security Issue?”, International Security, Vol. 20, No. 2, Autumn 1995, MIT Press, pp. 35–62.
- 19.
Ibid, p. 644, para 2.
- 20.
Stephen A. Macko, “Changes in the Arctic Environment” in Changes in the Arctic Environment and the Law of the Sea, Myron H. Nordquist, John Norton Moore and Tomas H. Heidar (eds.), 2010, IDC Publishers, Martinus Nijhoff Publishers and VSP, p. 108, where it is stated that “[o]nce the ownership in offshore regions is delineated, exploitation of these resources will occur".
- 21.
This is observed as a significant issue for the Arctic since well-developed ports is relatively few in number and reception facilities may not exist. Furthermore, there is no port State control or Memorandum of Understanding for this purpose in the Arctic.
- 22.
Douglas R. Brubaker and Willy Østreng, “The Northern sea route regime: Exquisite superpower subterfuge?”, Ocean Development and International Law, Vol. 30, Issue 4, 1999, pp. 299–331, Note also, the commercial advantages of the Arctic Sea Route can be estimated from the advantages reaped from the use of the Suez Canal which is considered to be the shortest link between the East and the West due to its unique geographic location; it is an important International navigation canal linking between the Mediterranean sea at Port said and the red sea at Suez.
- 23.
Reference has been made to Canada’s AWPPA which promotes “zero-discharge” policy. Nevertheless, under certain provisions of ASPPR discharge of oil and sewage generated on board the ships is permissible. Hence, “zero-discharge” under AWPPA is coupled with flexibility. But the Author’s discussion of “zero-discharge” under this context refers to the idea of a complete restriction of discharge in the Arctic, a presupposition favored by many scholars, See also, Supra note 2 in Chap. 2, where the main reason for implementation of Canada’s AWPPA has been seen as an effort to gain International recognition, an indirect means of being acknowledged for the sovereign claim over the NWP.
- 24.
The conditions laid down in Articles 2(1) and 211(3) must be given due publicity and communicated to the IMO; Port States can grant or deny entry into their ports is a part of customary international law which has been recognized by ICJ See also Nicaragua Case (Nicaragua vs. U.S.), Judgment of 27 June 1986, ICJ Reports, pp. 14–101, para 213, See also, David Anderson, “Port States and Environmental Protection” in International Law and Sustainable Development: Past Achievements and Future Challenges, Alan Boyle and David Freestone (eds.), 10 May 2001, OUP Oxford, pp. 325–337.
- 25.
Supra note 12 in Chap. 1, p. 205.
- 26.
Supra note 5 in Chap. 1, Part XII, Section 7, Articles 223–231.
- 27.
From a general perspective, there must exist a nexus between access requirements and legitimate interests of Port States to ensure environmental protection and should be balanced with the navigation rights of Flag States.
- 28.
Article 9(2) of MARPOL 73/78 states that, “Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea […] nor the present or future claims and legal views of any State concerning the law of the sea and the nature and the extent of coastal and flag State jurisdiction”.
- 29.
Supra note 9 in Chap. 3, p. 188.
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Johansson, T., Donner, P. (2015). Strict Ocean Governance and Commercial Implications of Arctic Navigation. In: The Shipping Industry, Ocean Governance and Environmental Law in the Paradigm Shift. SpringerBriefs in Law. Springer, Cham. https://doi.org/10.1007/978-3-319-12541-1_5
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