The growth of international shipping in the arctic: Is a regulatory review timely?

International Journal of Marine and Coastal Law

Volumn 24, Issue 2, 2009, Pages 355-380

  Chircop, Aldo ^a  

^a DALHOUSIE UNIVERSITY   (Canada)

Author keywords

Arctic; International maritime law; International Maritime Organization; Law of the sea; Marine environmental protection; Maritime safety; Northern Sea Route; Northwest Passage

Indexed keywords

ENVIRONMENTAL PROTECTION; GOVERNANCE APPROACH; LAW OF THE SEA; NAVIGATION; REGULATORY APPROACH; SHIPPING; TRANSPORTATION SAFETY;

ARCTIC OCEAN;

EID: 72449197518     PISSN: 09273522     EISSN: 15718085     Source Type: Journal    
DOI: 10.1163/157180809X421699     Document Type: Review

References (91)

1. W. Østreng, 'The International Northern Sea Route Programme (INSROP): Applicable Lessons Learned,' 42 Polar Record (2006) 71-88 at 80.
2. This conclusion was reached by the earlier multi-national research project known as International Northern Sea Route Programme (INSROP) 1993-1999. See: C.L. Ragner (ed.), The 21st Century: Turning Point for the Northern Sea Route ? (Proceedings of the Northern Sea Route User Conference, Kluwer, Dordrecht, 2000).
3. K.J. Wilson, J. Falkingham, H. Melling and R. De Abreu, 'Shipping in the Canadian Arctic: Other Possible Climate Change Scenarios,' in International Geoscience and Remote Sensing Symposium (IGARSS '04), 20-24 September 2004, Anchorage, Alaska, Proceedings, vol.3 (IEEE International, New York, 2004) pp. 1853-1856;
4. L. Brigham and B. Ellis (eds.), Arctic Marine Transport Workshop, Proceedings, Cambridge University, 28-30 September 2004, Appendix F, available online at: , accessed 1 February 2009.
5. Pharand states that climate change has reduced Arctic ice cover to the extent of making international shipping in the Northwest Passage "a virtual certainty in the foreseeable future." D. Pharand, 'The Arctic Waters and the Northwest Passage: A Final Revisit', 38 ODIL (2007) 3-69 at 3.
6. Griffiths states there is less likelihood that the Northwest Passage will develop into a full international commercial shipping route (perhaps unlike the Northern Sea Route) and the growth in Arctic shipping will more likely be of regional destination, e.g., to support the transportation needs of resource development. Franklyn Griffiths, 'New Illusions for a North west Passage,' in M.H. Nordquist, J. Norton Moore and A.S. Skaridov (eds.), International Energy Policy, the Arctic and the Law of the Sea (Nijhoff, Leiden, 2005) pp. 303-319.
7. 'Race for the Arctic,' (2008) 2 Global Researcher 213-242 at 223.
8. Iceland appears to be sensing a future opportunity for entrepôt trade. See T.E. Jakobsson, 'Climate Change and the Northern Sea Route: An Icelandic Perspective,' in Nordquist et al., op. cit., supra note 3, pp. 285-301 at 295-297.
9. For example by members of the International Association of Independent Tanker Owners (INTERTANKO); information provided by T. Wilkins, 'effects of Climate Change on Shipping,' Presentation at ICCMI 2008-Preparatory Workshop, World Maritime University, Malmö, 7-8 June 2007 (unpublished). Increased polar class shipbuilding is also reported by the American Bureau of Shipping (ABS): 'New Tanker Designs for Arctic Whitefield Develop ments,' ABS Activities, May 2008, 22.
10. Det Norske Veritas (DNV) is reportedly increasing its activities in ice classification, contin gency planning and standards, vessel routeing measures, reporting systems and traffic services. It has also launched a new ice-navigation standard for crew training. 'DNV ready for challenges brought on by Arctic thaw,' Lloyd's List, 30 September 2008.
11. The ABS is similarly increasing its ice-classification activities and has recently cooperated with the Russian Maritime Register of Shipping (RS) 'Class Societies ABS and RS Jointly Develop Rules for Arctic Gas Carriers,' ABS Activities, May 2008, 24.
12. A shortage is estimated of 2,000-4,000 seafarers to crew all the ice-class ships currently on order. Communication by M. Meilaender-Larsen (DNV senior principal surveyor) at the Fourth Annual Arctic Shipping Conference, 2008, St. Petersburg, Russia, as reported in From the Bridge: Newsletter of the Company of Master Mariners of Canada, May 2008, 6.
13. 'Scientists predict seasonal ice-free Arctic by 2015,' Globe and Mail, 12 December 2008, available online at: http://www.theglobeandmail.com/servlet/ Page/document/v5/content/ subscribe?user-URL=http://www.theglobeandmail. com%2Fservlet%2Fstory%2FLAC.2008 1212.ARCTIC12%2FTPStory%2FEnvironment&ord= 45218906&brand=theglobeandmail &force-login=true; Senate (Canada), Standing Senate Committee on Fisheries and Oceans, 'The Coast Guard in Canada's Arctic: Interim Report, Fourth Report,' June 2008, 5, available online at: http://www.parl.gc.ca/39/2/parlbus/commbus/senate/com-e/fish-e/rep-e/rep04jun 08-e.pdf. Earlier, the Inter-governmental Panel on Climate Change (IPCC) has indicated that "In some projections, arctic late-summer sea ice disappears almost entirely by the latter part of the 21st century." The decline for ice extenThis larger for summer than for winter. 'Summary for Policy-Makers' (IPCC Fourth Assessment Report), 15, available online at: http://www. ipcc.ch/ipccreports/ar4-wg1.htm, accessed 1 February 2009.
14. However, one view is that ". . . conditions will become similar to those in the St. Lawrence Seaway in winter." Comment ascribed to L. Fortier, Scientific Director, ArcticNet, in Senate (Canada); op. cit., supra note 8 at 6.
15. Office of Naval Research, Naval Ice Center, Oceanographer of the Navy and the Arctic Research Commission, 'Naval Operations in an Ice-Free Arctic,' Symposium, 17-18 April 2001, Final Report (US Office for Naval Research, Arlington, VA, 2001). In Canada 'Open Water' is defined as: "A large area of freely navigable water in which ice is present in concentra tions of less than 1/10. No ice of land origin is present." Transport Canada, Arctic Ice Regime System (AIRSS) Standards (Transport Canada, Ottawa, 1998).
16. The 'Healy' was intentionally navigated into different ice conditions. In some areas it encountered hard and thick ice (including multi-year ice) where considerable backing and ramming was needed, considerably slowing down navigation speed. M. Johnston, R. Gorman and G. Timco, 'Ice Regimes Encountered during the USCGC Healy Ice Trials,' Paper pre sented at Port and Ocean Engineering under Arctic Conditions (POAC '01), Ottawa, 12-17 August 2001, available online at: ftp://ftp2.chc.nrc.ca/CRTreports/TC/POAC-01-Healy- Regimes.pdf.
17. G.W. Timco, R.M.W. Frederking and V.M. Santos-Pedro, 'A Methodology for Developing a Scientific Basis for the Ice Regime System,' Proceedings of the 7th International Offshore and Polar Engineering Conference (ISOPE '07), Honolulu, Vol.2, available online at: ftp:// ftp2.chc.nrc.ca/CRTreports/ISOPE-97-IRS- Tasks.pdf.
18. For example, the Canadian Hydrographic Service estimates that only about 10% of their Arctic charts meet modern standards. Apparently many passage charts were prepared on a large grid that may omit shallow-draft features such as seamounts. The updating of Arctic charts is recognized as a priority. See C. Wright, 'Arctic Navigation: The Canadian Experience,' report prepared on behalf of the Mariport Group, available online at: http://www. mariport.com/pdf/ Arctic%20Navigation%20-%20the%20Canadian%20Experience.pdf; accessed 1 February 2009.
19. D.L. VanderZwaag, A. Chircop et al., 'Governance of Arctic Marine Shipping,' a report to the Arctic Marine Shipping Assessment (AMSA), 11 October 2008, available online at: http:// arcticportal.org/uploads/vZ/6u/ vZ6uVo9aTTQv45iwl93oFw/AMSA-Shipping-Governance- Final-Report-Revised-November- 2008.pdf, accessed on 1 February 2009 [hereafter Arctic Shipping Governance].
20. D. Snider, 'Ice Navigation in the Northwest Passage,' paper presented at Ocean Innovation 2005, Rimouski, Quebec, 23 October 2005, available online at: http://www.martechpolar. com/Publications/Ice%20Nav%20in%20the%20NWP.pdf, accessed 1 February 2009.
21. At present the Canadian Coast Guard places and maintains over 1,500 visual and aural aids in the Mackenzie River from Great Slave Lake to Tuktoyaktuk. However, there are only 300 aids across the Arctic Ocean. There are also 30 aids in Hudson Bay and James Bay. Senate (Canada) (Ocean Innovation ) op. cit., supra note 8 at 3. Aids in the Passage are insufficient for safe navigation.
22. Two of the rescuers were compelled to spend the night on the ice floe in a temperature of -30o C. 'Hunter rescued from Arctic ice floe,' CBC News, 18 February 2007, available online at: , accessed 1 February 2009.
23. For instance see Wright, (CBC News)op. cit., supra note 13 at 4.
24. Arctic Council, 'Arctic Oil and Gas Assessment' (Arctic Monitoring and Assessment Pro gramme, Oslo, 2007).
25. Convention on the International Maritime Organization (adopted 6 March 1948, entered into force 17 March 1958) 289 UNTS 48;
26. as amended, see Institute of Maritime Law, The Ratification of Maritime Conventions 4 Vols. Up-dated, Loose-leaf Service (Lloyd's Press, Lon don, 1991-2003), Vol.I.1.10.
27. International Convention for the Safety of Life at Sea (adopted 1 November 1974, entered into force 25 May 1980) 1334 UNTS 2;
28. Protocol of 1978 (adopted 17 February 1978, entered into force 1 May 1981) 1276 UNTS 237;
29. Protocol of 1988 (adopted 11 November 1988, entered into force 3 February 2000) U.S. Treaty Doc. 102-112
30. United Nations Convention on the Law of the Sea (adopted 10 December 1982, entered into force 16 November 1994) UN Doc. A/CONF.62/122, 7 October 1982;
31. - 1833 UNTS 396 [hereafter LOSC], Art. 211(1).
32. International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (adopted 17 February 1978, entered into force 2 Octo ber 1983), as amended, in MARPOL, Consolidated Edition (IMO, London, 2007). The IMO Assembly adopted guidelines for special area designation: Guidelines for the Designation of Special Areas under MARPOL 73/78, IMO Doc. A.22/Res 927, 15 January 2002; available online at: http://www.imo.org/includes/blastDataOnly.asp/data-id%3D10469/927.pdf.
33. Under LOSC Art. 211(6), the IMO may, on the request of a State Party, adopt special mandatory measures to address the needs of PSSAs within the EEZ. The IMO has not yet used this power. However, it has designated PSSAs under its own environmental mandate set out in its constitutive convention (note 20, supra). The PSSA Guidelines were adopted under this mandate. Revised Guidelines for the Identification and Designation of Particularly Sensitive Sea Areas, IMO Doc. A.982(24), 1 December 2005, available online at: http://www.imo. org/includes/blastDataOnly.asp/data-id%3D14373/982.pdf.
34. These are published in International Maritime Organization, Ships' Routeing (9th ed.) (IMO, London, 2008).
35. Offthe coast of Norway from Vardø to Røst (traffic separation scheme; recommended routes joining traffic separation schemes); partially (to a limited extent in the northernmost region) in Prince William Sound (traffic separation scheme); partially in the northern-most region of the Shetland Islands (precautionary area in the approaches to Lerwick); offthe south west coast of Iceland (two-way routes; mandatory reporting). Several measures have also been adopted for the Baltic Sea. Ships' Routeing (note 25, supra).
36. Guidelines for Ships Operating in Arctic Ice-covered Waters, IMO Doc. SC/Circ.1056 MEPC/Circ.399, 23 December 2002 [hereafter Arctic Guidelines]. The DE Sub-Committee is considering amendments to the Arctic Guidelines. Report to the Maritime Safety Commit tee, IMO Doc. DE 51/28, 12 March 2008, available online at: http://www.imo.org/includes/ blastDataOnly.asp/data-id%3D6629/1056- MEPC-Circ399.pdf.
37. The MSC approved the Sub-Committee on Communications and Search and Rescue (COMSAR) proposal for the creation of Arctic NAVAREAs up to 90° North. The following countries were designated coordinators for the new NAVAREAS: Canada for NAVAREAs XVII and XVIII, Norway for NAVAREA XIX, and the Russian Federation for NAVAREAs XX and XXI. The new NAVAREAs were originally proposed in a joint IMO/IHO/WMO Correspondence Group. Report of the Maritime Safety Committee at its Eighty-T ird Ses sion, IMO Doc. MSC 83/28, 26 October 2007, available online at: http://www.imo.org.
38. For a list of organizations with consultative or observer status at the IMO see: http://www. imo.org/home.asp?topic-id=315&doc-id=851, accessed on 1 February 2009.
39. A major UN body has observer status on the Council: the United Nations Development Programme (UNDP). A United Nations Environment Programme (UNEP) centre based in Norway also has observer status, see online at: http://arctic-council.org/section/observers- intergovernmental-and-inter- parliamentary-organization, accessed on 1 February 2009.
40. For a list of IGOs having cooperation agreements with the IMO, see http://www.imo.org/ home.asp?topic-id=315&doc-id=846, accessed 1 February 2009.
41. On some issues the Arctic Council has participated indirectly at the IMO, e.g., when the Arctic Guidelines (note 26, supra) were under consideration in MSC and DE. Although the Council does not have observer status, it has submitted documents on the Guidelines directly or through a member State.
42. LOSC Arts. 122-123. Art. 122 defines 'semi-enclosed sea' as "a gulf, basin or sea sur rounded by two or more States and connected to another sea or the ocean by a narrow outlet or consisting entirely or primarily of the territorial seas and exclusive economic zones of two or more coastal States." Although iThis called 'ocean', iThis the smallest of the world's oceans and is effectively covered for the most part by the EEZs of five coastal States. Its hydrology is com parable to that of the Mediterranean Sea. The purpose of Arts. 122-123 is to encourage coop eration in marine areas within such a constraining geography. Further, like the Mediterranean, the Arctic Ocean has several sub-regional seas, several of which can also be described as semi- enclosed, include the Barents, Bering, Beaufort, Greenland, Kara, Labrador, Laptev, Norwe gian and Siberian Sea.
43. LOSC Art. 197.
44. LOSC Art. 211.
45. Declaration on the Establishment of the Arctic Council, Ottawa, 19 September 1996, available online at: http://arctic-council.org/article/about, accessed 1 February 2009 [hereafter Ottawa Declaration]. In addition to regional cooperation, Arctic States cooperate on marine and environmental issues on a bilateral basis. For examples, see Arctic Shipping Governance, op. cit., supra note 14.
46. The following organizations are Permanent Participants in the Arctic Council: the Inuit Circumpolar Conference; the Saami Council with member organizations in Finland, Russia, Norway and Sweden; Association of Indigenous Minorities in the Far North, Siberia, the Far East of the Russian Federation (RAIPON); Aleut International Association, representing the Aleut on the Russian and American Aleutian, Pribilof and Commander Islands; Arctic Athabaskan Council, representing the interests of United States and Canadian Athabaskan member First Nation governments; and Gwich'in Council International (GCI)), representing the Gwich'in in Canada and US.
47. Nonetheless, Finland has an interest in Arctic shipping and is one of three co-chairs of AMSA. The other co-chairs are Canada and the United States.
48. Ilulissat Declaration, Arctic Ocean Conference, Ilulissat, Greenland, 27-28 May 2008, http://www.oceanlaw.org/downloads/arctic/Ilulissat-Declaration. pdf, accessed 1 February 2009.
49. LOSC Art. 123(d).
50. Ottawa Declaration (supra, note 36) Art. 3. At present, observer States include: China, France, Germany, Poland, Spain, The Netherlands and United Kingdom. See Arctic Council, online at: , accessed 1 February 2009.
51. For example, Germany recently convened a meeting to explore what form cooperation between Arctic and non-Arctic States could take. 'New Chances and New Responsibilities': International Conference of the German Federal Foreign Office in cooperation with the Min istries of Foreign Affairs of Denmark and Norway and the Max Planck Institute for Compara tive Public Law and International Law, Berlin, 11-13 March 2009, information available online at: http://www.arctic-governance.org/index.htm.
52. China has a 21,000-ton ice-breaker converted for polar research; Senate (Canada) op. cit., supra note 8 at 9-10. The EU, Japan and Sweden have also funded Arctic research. The three- year Arctic Operational Platform (ARCOP) project was funded by the EU's DG Transport and Energy, see online at: http://www.arcop.fi/index.htm, 1 February 2009.
53. Communication from the Commission to the European Parliament and the Council, the European Union and the Arctic Region, COM(2008) 763 final, 20 November 2008, available online at: http://eur-lex.europa.eu/LexUriServ/ LexUriServ.do?uri=COM:2008:0763: FIN:EN:PDF. The Communication specifies that the Commission will apply for permanent observer status in the Arctic Council.
54. LOSC Art. 234.
55. Mainly between Canada, the USSR (at the time) and the United States. M.H. Nordquist, A. Yankov, N.R. Grandy and S. Rosenne, United Nations Convention on the Law of the Sea 1982: A Commentary, vol.IV (Nijhoff, Dordrecht, 1991) 392-398.
56. Arctic Waters Pollution Prevention Act, R.S.C. 1985, c. A-12 [hereafter AWPPA]. Key regulations under the AWPPA are: Arctic Shipping Pollution Prevention Regulations, C.R.C., c. 353; Arctic Waters Pollution Prevention Regulations, C.R.C., c. 354. Other statutes rele vant for safety and vessel-source pollution in the Arctic include: Canada Shipping Act, 2001, S.C. 2001, c. 26; Canadian Environment Protection Act, R.S.C., 1985, c. F-14; Migratory Birds Conventions Act, 1994, S.C. 1994, c. 22; Navigable Waters Protection Act, R.S.C., 1985, c. N-22; Marine Liability Act, S.C. 2001, c. 6; Oceans Act, S.C. 1996, c. 31.
57. An Act to Amend the Arctic Waters Pollution Prevention Act, Bill C-3, 1st Session, 40th Parliament, 57 Elizabeth II, 2008, introduced in December 2008 and which received its First Reading on 28 January 2009, available online at: http://www2.parl.gc.ca/HousePublications/ Publication.aspx?Docid= 3625929&file=4.
58. Arctic Shipping Governance, op. cit., supra note 14.
59. The objectives of NORDREG are to: ". . . enhance the safe and expeditious movement of maritime transportation in Arctic waters; safeguard the Arctic environment; and contribute to the administration of Canadian Arctic waters and territories." It also issues acknowledgements to ships entering Arctic waters, distributes ice information and ice routings for individual ships and coordinates ice-breaker assistance. AIRSS, op. cit., supra note 10 at 16.
60. A concern is vessels smaller than 300 tons, especially yachts, which are increasingly being reported in Canadian Arctic waters. Brigham and Ellis, op. cit., supra note 2.
61. Prime Minister Harper unveiled the plan in Tuktoyaktuk. A. Dowd, 'Canada to toughen requirements for ships in Arctic,' Reuters (Tuktoyaktuk, 27 August 2008), available online at: http://www.immigrationwatchcanada.org/index.php? module=pagemaster&PAGE-user- op=view-page&PAGE-id=3613&MMN-position= 92:90, accessed 1 February 2009.
62. The declaration was as follows: (a) The Government of Canada considers that it has the right in accordance with international law to adopt and enforce special non-discrimination laws and regulations for the prevention, reduction and control of marine pollution from vessels in ice-covered waters where particularly severe climatic conditions and the presence of ice covering such waters for most of the year create obstructions or exceptional hazards to navigation, and pollution of the marine environment could cause major harm to or irreversible disturbance of the ecological balance. (b) Consequently, Canada considers that its accession to the Protocol of 1978, as amended, relating to the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL 73/78) is without prejudice to such Canadian laws and regulations as are now or may in the future be established in respect of arctic waters within or adjacent to Canada. IMO, Status of Multilateral Conventions and Instruments in respect of which the International Maritime Organization or its Secretary-General Performs Depositary Functions (IMO, London, 2005), 96.
63. In particular the following: Instruction of the Government of the Russian Federation, on the authorization for cargo ships and tankers flying a foreign flag during 2007-2008 to call at Arctic ports and points, located on the Territory of the Russian Federation, 29 December 2006, No. 1855-p, available online at: , accessed 1 February 2009;
64. Regulations for ice-breaker and pilot guiding of vessels through the Northern Sea Route, Guide to Navigation (1996), 84-89, available online at: , accessed 1 February 2009;
65. Regulations for navigation on the seaways of the Northern Sea Route, 14 September 1990, Notice to Mariners No.29 of 18 June 1991, in N. Koroleva, V. Markov and A. Ushakov, Legal Regime of Navigation in the Russian Arctic (Association of International Maritime Law, Soyuzmorniiproekt, Moscow, 1995), 133-139.
66. See also A. G. Gorshkovsky, 'Rules to be followed on the Northern Sea Route,' in A. Backlund, L. Laiho, and B. Jourio (eds.), ARCOP (Arctic Operational Platform) Legal and Administrative Issues, Workshop Report 1 (Workshop Proceedings, Helsinki, 25 March 2003), 67-70, ARCOP Deliverable 6.1, available online at: http://www.arcop.fi/reports/workshop-report1. pdf, accessed 1 February 2009;
67. Gorshovsky also mentions Requirements Relating to the Design, Equipment, and Supply of Ships, ARCOP (Arctic Operational Platform) Legal and Administrative Issues , ibid.
68. See also Arctic Shipping Governance (( ARCOP (Arctic Operational Platform) Legal and Administrative Issues) op. cit., supra note 14) at 62 et seq.
69. A possible interpretation of ice cover is in the Arctic Guidelines which require at least 9/10ths ice cover for their application. Arctic Guidelines, (ARCOP (Arctic Operational Platform) Legal and Administrative Issues) op. cit., supra note 26.
70. In 2006 there were still reports that resources affected by the Exxon Valdez oil spill in Prince William Sound, Alaska, in 1989, had not yet recovered. Exxon Valdez Oil Spill Trustee Council, 'Status of Injured Resources,' available online at: http://www.evostc.state.ak.us/Recovery/ status.cfm, accessed 1 February 2009.
71. Pharand, ('Status of Injured Resources,') op. cit., supra note 3 at 47.
72. Professor Pharand refers to the literature on both sides of the argument. Despite the more flexible interpretation that Professor Pharand advances and the literature he invokes in support, the facThis that the text of LOSC Arts. 55 and 234 is suf-ficiently clear in intent. Art. 55 defines the EEZ as: ". . . an area beyond and adjacent to the territorial sea . . .". Art. 57 provides a methodology to measure the outer limit. See also Nord-quist et al., ('Status of Injured Resources,') op. cit., supra note 46.
73. Canada's declaration on accession to MARPOL (supra note 51) was followed by reactions from the US and several European States.
74. In particular, Belgium, Denmark, France, Germany, Greece, Italy, the Netherlands, Portugal, Spain and the United Kingdom stated that while taking note of Canada's declaration relating to Article 234, ". . . it should be read in conformity with Articles 57, 234 and 236 of the United Nations Convention on the Law of the Sea. In particular, the . . . Government recalls that Article 234 of that Convention applies within the limits of the exclusive economic zone or of a similar zone delimited in conformity with Article 57 of the Convention and that the laws and regulations contemplated in Article 234 shall have due regard to navigation and the protection and preservation of the marine environment based on the best available scientific evidence." (Emphasis added.) IMO Status of Multilateral Treaties, op. cit., supra note 51 at 96.
75. A potential concern is Russian regulatory requirements for ice-breaker service, but with fees which discriminate between Russian and international shipping. Arctic Shipping Governance, op. cit., supra note14 at 67.
76. LOSC Art. 211(6).
77. Convention on the International Regulations for Preventing Collisions at Sea (adopted 20 October 1972, entered into force 15 July 1977, 1050 UNTS 16)
78. as amended, Institute of Maritime Law, The Ratification of Maritime Conventions (Lloyd's Press, London, 1991- 2003), Vol.I.1.10.
79. For instance, ø. Jensen, 'The IMO Guidelines for Ships Operating in Arctic Ice-Covered Waters: From Voluntary to Mandatory Tool for Navigation Safety and Environmental protection?' FNI Report 2/2007 (Fridtjof Nansen Institut, Oslo, 2007). With little legal incentive to implement the Arctic Guidelines, Jensen states that no State has as yet legislated them. For a similar view see also Arctic Shipping Governance, op. cit., supra note 14.
80. ø. Jensen, 'Arctic Shipping Guidelines: Towards a Legal Regime for Navigational Safety and Environmental Protection?' 44 Polar Record (2008) 107-114.
81. International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (adopted 7 July 1978, entered into force 28 April 1984), 1361 UNTS 2.
82. International Convention on Load Lines (adopted 5 April 1966, entered into force 21 July 1968), ATS 1968 no. 23.
83. Arctic Shipping Governance, op. cit., supra note 14.
84. W. østreng, ed., The Natural and Societal Challenges of the Northern Sea Route: A Reference Work (Kluwer, Dordrecht, 1999).
85. Det Norske Veritas, 'Port Reception Facilities in the PAME Region,' Technical Report No. 2006-1517 Rev. No.01 (Norwegian Maritime Directorate, Høvik, 2006).
86. International Convention on Salvage (adopted on 28 April 1989, entered into force 14 July 1996), UKTS 1996 No. 93.
87. Guidelines on the Control of Ships in an Emergency, IMO Doc. MSC.1/Circ.1251, 19 October 2007, available online at: http://www.imo.org/ includes/blastDataOnly.asp/data- id%3D20243/1251.pdf.
88. Guidelines on Places of Refuge for Ships in Need of Assistance, IMO Doc. A.949(23), 5 December 2003. available online at: http://www.imo.org/includes/ blastDataOnly.asp/data- id%3D9042/949.pdf.
89. International Convention on Oil Pollution Preparedness, Response and Cooperation (adopted 30 November 1990, entered into force 13 May 1995) 30 ILM 733; Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances (adopted 15 March 2000, entered into force 14 June 2007), IMO Doc. HNSO- PRC/CONF/11/Rev 1, 15 March 2000, available online at: http://www.imo.org.
90. Arctic States cooperate in information exchange through the Arctic Council's Emergency Prevention, Preparedness and Response (EPPR) Working Group, available online at: http:// eppr.arctic-council.org/, accessed 1 February 2009. Bilateral cooperation between Canada and the US and between Canada and Denmark also exists. Arctic Shipping Governance, op. cit., supra note 14).
91. International Maritime Organization, International Maritime Dangerous Goods Code (London, IMO, 2008). Background information on the IMDG Code is available online at: http:// www.imo.org/TCD/mainframe.asp?topic-id=158.