диссертация (1169188), страница 55
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Thus, one of the causes that276Wadhams P. Op. cit. P. 21-25.277Alaska and the New Maritime Arctic. Conference Report. Ed. Brigham L. W. University of Alaska Fairbanks.2014. P. 14.278M.Byers. International Law and the Arctic. Cambridge University Press.
2013. 1. 148.279Ibid., P.146-148. See also: Gunnarsson B. Op. cit. P. 45-46.280It is stated: “Antarctic sea ice extent is currently expanding”. Wadhams P. Op. cit. P. 15.242prompted the acceleration of work on the Polar Code is said to be the notoriousaccidents suffered by two vessels in the Antarctic coast in 2007 and 2008.281In 1993, the International Maritime Organization (hereinafter, the IMO)created the expert Outside Working Group,282 which by 1998 proposed some legalcontours for the future Polar Code: 1) the document was to be based on the alreadyadopted IMO legal rules on safety at sea, environmental protection andprofessional training of sailors; 2) the document should focus on safeguardinghuman life at sea in the polar regions and protecting the marine environment frompollution from vessels in those areas; 3) the group supported the approachaccording to which the UNCLOS was applicable to the “polar waters”; 4) thedrafting of the Polar Code should consider the extensive knowledge andexperience accumulated in the legal regimes of ice navigation in the RussianArctic, Canadian Arctic, as well as in the Baltic Sea (first of all, the Swedish andFinnish legislation on seasonal ice navigation).Endorsing the work of the Outside Working Group, the IMO approved thePolar Code harmonization principles, including the following: to navigate polarwaters, vessels should have “suitable ice strengthening”; crew members of suchvessels should be professionally trained; “polar vessels” should be installed withadequate navigation equipment; for each member of the crew there should beavailable “survival equipment”; there should be internationally unified classes ofice-navigating vessels.283281See V.
Peresypkin, L. Tsoi, V. Shurpyak: Mezhdunarodnyi Polyarnyi kodeks: rossiiskie predlozheniya [TheInternational Polar Code: Russian Proposals] [Electronic resource] / Morskoi flot [Navy]. No. 4 (2012). URL:http://www.morvesti.ru/tems/detail.php?ID=29222282In this context, the following statement of foreign scholars is not quite precise: “Navigation in Polar Waters wasfirst addressed by the IMO in 2002.” See Deggim H. IMO perspective / The Arctic in World Affairs.
A NorthPacific Dialogue on the Future of the Arctic. Ed. by O. Young, J. Kim, Y. Kim. 2013 North Pacific ArcticConference Proceedings. KMI and East-West Center. Published in December 2013. Honolulu. USA. P. 62. Adifferent year of the IMO decision to draft the Polar Code was named by the authoritative specialists of the CentralScience Research and Design Institute of the Navy: “The decision to elaborate an international Polar Code was firstmade by the International Maritime Organisation (the IMO) in 1996.” See V. Peresypkin, L. Tsoi, V.
Shurlyak /Morskoi flot [Navy]. No. 4, at http://www.morvesti.ru/tems/detail.php?ID=29222. We should note that the article ofthe Institute’s specialists contains a very professional take on the technical issues of safety of navigation in the icewaters reflected in the Polar Code, especially in terms of their comparison with the safety requirements applicable inthe Russian Federation.283Policy Brief N 4. Arctic Climate Change. Economy and Society. By L.
Brigham. P. 3/4.243Having laid down such a foundation for the draft Polar Code, the IMO,however, decided also to prepare an alternative document – exclusively for the icebound Arctic waters. In 2002, the IMO approved such a document, the Guidelinesfor Ships Operating in Arctic Ice-Covered Waters. Not being a treaty source ofinternational law, those Guidelines are a soft law recommendation. However, bothin the IMO and the Arctic Council284 calls for elevating the provisions of theGuidelines to the legally binding level have increased, as well as calls for overallimprovement (so that they could apply in the polar waters) of the respectiveconvention rules, primarily on the safety at sea and prevention of maritimepollution.
That call was formulated as a key recommendation issued upon theconclusion of an international study entitled the Arctic Marine ShippingAssessments, arranged in 2004-2009 by the Arctic Council.Along with this, the International Association of Classification Societies(hereinafter, the IACS), based on its work in 2006-2008, developed and adoptedthe Unified Requirements for Polar Class Ships.285 These Requirements, to theextent they describe the types of ice, correspond to the ones adopted by the WorldMeteorological Organization.In the context of the multi-vector work described above aimed at specifyingthe existing legal regime of navigation in the ice-bound waters in the polar regions,the IMO, starting from 2010, intensified its efforts to perfect, with respect to suchareas, two multilateral international treaties: the 1974 (as amended) InternationalConvention for the Safety of Life at Sea (hereinafter, the SOLAS); and theInternational Convention for the Prevention of Pollution from Ships 1973 (asamended by the 1978 Protocol) (hereinafter, the MARPOL).
In particular, the IMOSubcommittee on Ship Design and Construction has considered a wide spectrum ofissues related to the potential amendments to the SOLAS Convention to revise the284The Arctic Council is an intergovernmental forum founded on the basis of the Ottawa Declaration of the eightArctic states of 1996. See declaration text, as well as general information on the Arctic Council in: Ivanov I.S.,Vylegzhanin A.N. (Eds.).
Arkticheskii region: problemy mezhdunarodnogo sotrudnichestva [The Arctic Region:Issues of International Cooperation]. In 3 vols. Vol. 3. Primenimye pravovye istochniki [Applicable Law]. М. 2013.P. 175 et seq. In Chapter VII of this dissertation (on legal aspects of Enviromental Security) the Arctic Council willbe analysed in detail.285Policy Brief N 4. Arctic Climate Change. Economy and Society. By L.
Brigham. P. 4.244requirements for vessels employed in the polar regions (polar ships) as regardstheir design, construction, ensuring navigational safety, availability of rescueappliances, etc. In turn, the IMO Marine Environmental Protection Committeeachieved a consensus as to reflecting the respective provisions of the Polar Code inthe four Annexes to the MARPOL Convention: in Annex I (on the prevention ofpollution by oil); in Annex II (on the control of pollution by noxious liquidsubstances); in Annex IV (on the prevention of pollution by sewage from ships); inAnnex V (on the prevention of pollution by garbage from ships). Finally, the IMOSub-Committee on Human Element Training and Watch Keeping positivelyviewed the provisions of the Polar Code that concern professional training ofsailors and the requirements to their work in ice navigation conditions.As a result of stage-by-stage drafting and discussion of the provisions of thePolar Code, in 2014, the IMO Marine Environmental Protection Committeeapproved the draft amendments to the MARPOL Convention.
That same year, theIMO Maritime Safety Committee approved the amendments to the SOLASConvention. The latter, as a new Chapter XIV of the Convention, entered intoeffect on 1 January 2017. These amendments apply to all new vessels built afterthe Code entered into force. As to the vessels already launched by then, it wasplanned that they should meet the new rules (from 1 January 2018).286As a result, by May 2015, the respective IMO Committees and the IMOgenerally finalized the text of the Polar Code.
The states were given a year and ahalf (from mid-May 2015 through 1 January 2017) to complete the domesticlegislative procedures for the adoption of such additions and amendments into thesaid maritime conventions, to implement the Polar Code as a whole, given thevarying importance of its composite parts from the standpoint of their bindingforce.286See IMO website at http://www.imo.org/Pages/home.aspx245§ 3. Legally binding and non-binding elements of the Polar CodeBeing an international legal act, the Polar Code provides for theinternationally agreed rules on operating vessels in polar regions. The “Structure ofthe Code” is this: the Polar Code consists of an Introduction and Parts I and II.The Introduction contains “mandatory provisions” applicable to both Parts.It provides, in particular, for the goals of the Code, the definitions, the list ofsources of hazards in the polar waters, and the geographical scope of the Code.Part I of the Code is entitled “Safety Measures”.
It is divided into sub-partsI-A and I-B. The first one is legally binding and represents the new Chapter XIV tothe SOLAS Convention. Part I-B, however, is recommendatory only and contains“additional guidance” to Part I-A.Part II of the Polar Code is entitled “Pollution Prevention Measures”.
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