Chinese Journal of Polar Research ›› 2019, Vol. 31 ›› Issue (3): 334-345.DOI: 10.13679/j.jdyj.20180048

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Analysis of legal attributes of the International Code for Ships Operating in Polar Waters

Yuan Xue, Tong Kai   

  • Received:2018-09-04 Revised:2018-12-11 Online:2019-09-30 Published:2019-09-30

Abstract: The International Code for Ships Operating in Polar Waters (referred to as the Polar Code) is a technical international rulebook established by the International Maritime Organization to safeguard shipping in polar waters and prevent environmental pollution. The system of the Polar Code is based on amendments of the MARPOL, SOLAS and STCW conventions and it inherits their technical and forward-looking attributes. However, in terms of universality, the code cannot be regarded as “generally accepted international rules and standards” because of issues concerning the rule maker, legislative structures and actual implementation of the code. China should absorb the advanced legislative concepts and actively strengthen its domestic implementation of the code to meet the requirements of the upcoming peak in Arctic shipping. In addition, given the relative independence between the Polar Code and the “ice-covered areas” clause of the United Nations Convention on the Law of the Sea(referred to as the Convention) , China should actively advocate application of the Polar Code as the core standard in polar regions, while complying with unilateral legislation of coastal countries. China’s use of the Arctic Passage is increasing annually and therefore the legal attributes of the Polar Code must be clarified to safeguard China’s Arctic shipping interests.

Key words: Polar Code, United Nations Convention on the Law of the Sea, “ice-covered areas” clause, generally accepted international rules and standards, Goal-Based Standards