关键词: 《极地规则》, 西北航道, 历史性水域, 冰封区域

Abstract: Ships navigating in the Northwest Passage should observe Canadian domestic rules and regulations and, since it came force on 1 January 1 2017, the Polar Code. To ensure the safety of ships navigating in Polar waters and prevent environmental pollution caused by ships, the Polar Code stipulates mandatory measures and additional guidance. Canada has subsequently abolished the old regulation and formulated new regulations in line with the provisions of the Polar Code. At the same time, the new Canadian regulations have some specific standards that are more stringent than those in the Polar Code. The Polar Code requires ships navigating the Northwest Passage to meet technical standards and does not resolve problems associated with the mandatory reporting system for certain foreign ships which was stipulated in Canadian domestic law, as well as the application and permission system for foreign vessels entering the Arctic archipelago waters. These problems involve disputes regarding the interpretation of the scope of the authorization of Article 234 of the United Nations Convention on the Law of the Sea, and “historical waters” in the theory and practice of international law.

Key words: Polar Code, Northwest Passage, historical water, ice-covered areas