The Challenges In Arctic Shipping Governance Under The Perspective Of Polar Code And Legal Responses

With the acceleration of global warming,the melting of the Arctic sea ice has gone beyond human capacities to response.IPCC(Intergovernmental Panel on Climate Change)predicts that ice free summers are ready to come in Arctic Ocean by 2050,which is a blessing for shipping,yet a crisis for environment.The International Code for Ships Operating in Polar Waters(Polar Code)made by International Maritime Organization provides a unified international legal basis for the Arctic navigation safety and the prevention of marine pollution.However,the harsh natural conditions and complex political environment in the region make Arctic shipping governance more challenging.The article tries to take the Polar Code as a perspective to explore the challenges for Arctic shipping governance and to propose legal measures based on international law.The article is divided into four chapters except introduction and conclusion.The first chapter mainly introduces the related issues of Arctic shipping governance,including the geographical category and the dispute over legal status of Arctic channel,the importance of the Arctic passage,the proposal and challenges for Arctic shipping governance.The second chapter presents the history of the Polar Code,and its relationship with relevant conventions,so as to offer further understanding of the Polar Code.The third chapter revolves around the challenges for Arctic shipping governance from the perspective of Polar Code,including technical difficulties faced by polar ship construction,puzzles for polar crew training,the defects of the Polar Code,and the conflicts between the Polar Code and article 234 of UNCLOS.The fourth chapter put forward the legal responses to deal with Arctic shipping governance under international law,which includes strengthening the fulfillment of relevant conventions,treaties and agreements etc.by flag states,enhancing port state control,coordinating the Polar Code and the Arctic coastal states' domestic law,and promoting participation by multiple players.