диссертация (1169188), страница 56
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ThisPart is also (like Part I) divided in two, Parts II-A and II-B; Part II-A being legallybinding and forming part of the MARPOL Convention, and Part II-B containingthe non-binding “additional guidance.”The Polar Code largely uses terms having the same meaning as the SOLASConvention (the provisions of Part I of the Code) and the MARPOL Convention(with respect to Part II). The key new terms envisaged in the Code are thosedenoting vessel categories A, B, and C. More specifically, the Code gives a generalclassification of vessels allowed to operate in polar waters, by their capacity,distinguishing just three categories:287- “Category A ship” meaning a ship designed for operation in polar waters inat least medium first-year ice, which may include old ice inclusions;- “Category B ship” meaning a ship not included in category A, designed foroperation in polar waters in at least thin first-year ice, which may include old iceinclusions;- “Category C ship” meaning a ship designed to operate in open water or inice conditions less severe than those included in categories A and B.287Polar Code.
Introduction, 2.1, 2.2, 2.3.246Here, according to the Code, “polar class” means the ice class assigned tothe ship by the Administration or by an organization recognized by theAdministration based upon IACS Unified Requirements.Of course, for the Administrations of the state parties to the SOLAS andMARPOL Conventions, the novelties that are fundamental are the ones found inthe “binding” Parts I-A and II-A of the Polar Code.Save for minor differences in the foreign doctrinal opinions of the PolarCode, English-language legal scholars are unanimous that the Polar Codeembodies the international legal reaction to “the key environmental risks” ofnavigation in the polar waters288 both from the perspective of the structural safetyof the vessel allowed to navigate such waters by the state of registration, and interms of ensuring the entire complex of measures for protecting the marineenvironment in these ecologically vulnerable areas.
It is noted that the Polar Codeenvisages special permits each vessel shall have on board to be permitted tonavigate the polar waters, namely, the “Polar Ship Certificate”.289 A ship is issueda certificate after an eligibility check for compliance with the Code criteria and fora definite term. The issues of certification are resolved under the rules of theSOLAS Convention. The Certificate is issued by the Administration of the state ofthe ship’s flag or an organization authorized to do so by such a state. TheCertificate contains the key information on the vessel: its name, the vessel’sidentification number (or authentication code); the gross registered tonnage; thecategory and type of the vessel; the port of registration; availability of thenecessary equipment.
The Certificate also is to show the individual identificationnumber of the vessel in the IMO system.It should be noted that the Polar Code contains a rule that each vesselallowed to navigate the polar waters should have on board a “Polar WaterOperational Manual.” 290 This document is somewhat analogous to a technical288Gunnarsson B. Op. cit. P. 54; Deggim H. Op. cit.
P. 64.289Polar Code. Part I-A Chapter 1 - General, 1.3 Certificate and survey / International Code for Ships Operating inPolar Waters.290Polar Code. Part I - A, Chapter 2 - Polar water operational manual (PWOM) / International Code for Ships247passport designed to state the specifics of the vessel’s operation in polar waters andreflecting its technical navigational abilities in high-latitude areas, the informationon the area and characteristics of the voyage, instructions for the crew, informationon the possibilities of manoeuvring the vessel in icy waters.According to Chapter 3 of the Code (“Ship Structure”),291 the ships whichare allowed to be in the polar waters should be built of materials capable ofwithstanding extremely low temperatures while surrounded by ice.
The decision onwhether the ship’s structure meets these requirements is made by the ship’s state ofregistration or the organization authorized to do so by that state.Without doubt, there is significant regulatory value in the Code’srequirements to the vessel’s watertight integrity and protection from otheratmospheric phenomena,292 its provisions on the vessel’s life-saving appliancesand arrangements,293 on the planning of each of the vessel’s voyages into the polarwaters,294 on the vessel’s maintenance of communication,295 on the vessel’s firesafety,296 on ensuring the vessel’s adequate stability,297 on heightened requirementsto the vessel’s machinery installations allowed to navigate polar waters.298Part II of the Polar Code sets forth rather detailed provisions on theprotection of the environment.
The mandatory Code rules are found in thefollowing chapters: - on the prevention of pollution by oil; - on the control ofpollution by noxious liquid substances in bulk; - on the prevention of pollution byharmful substances carried by sea in packaged form; - on the prevention ofOperating in Polar Waters.291Polar Code. Part I - A, Chapter 3 - Ship structure / International Code for Ships Operating in Polar Waters.292Polar Code. Part I - A, Chapter 5 - Watertight and weather tight integrity.293Polar Code. Part I - A, Chapter 8 - Life-saving appliances and arrangements / International Code for ShipsOperating in Polar Waters.294Polar Code.
Part I - A, Chapter 11 - Voyage planning / International Code for Ships Operating in Polar Waters.295Polar Code. Part I - A. Chapter 10 - Communication / International Code for Ships Operating in Polar Waters.296Polar Code. Part I - A, Chapter 7 - Fire safety/protection / International Code for Ships Operating in PolarWaters.297Polar Code.
Part I - A, Chapter 4 - Subdivision and stability, International Code for Ships Operating in PolarWaters.298Polar Code. Part I - A, Chapter 6 - Machinery installations.248pollution by sewage from ships; - on the prevention of pollution by garbage fromships.Annex I to the MARPOL Convention, in turn, provides for a prohibition ofdumping oil and oily mixtures in Antarctica.
The Polar Code, in addition to thatprohibition, stipulates (in the chapter on pollution by oil299) that dumping oil andany oil-containing mixtures is also prohibited in the Arctic. At the same time, asforeign researchers have noted in discussing this issue, Arctic ports demonstrate aclear “lack of reception facilities” which are needed to prevent “any discharge intothe sea of oil or oil mixtures from ships in the Arctic areas”300. The same is trueabout the lack of equipment for receiving ballast water, waste water and garbagefrom ships in Arctic ports. It was suggested, in this context to oblige the Arcticstates to ensure that such equipment is available in their northern ports.301 TheCode eventually set forth some exceptions from the dumping prohibition – forinstance, for dumping clean ballast.The Code prescribes that any oil operations carried out by the vessel crew inpolar waters should be duly recorded in the Oil Record Books, manuals and theshipboard oil pollution emergency plan or the shipboard marine pollutionemergency plan as required by MARPOL Annex I.The Polar Code gives comprehensive treatment to the special conditions ofcarriage of noxious liquid substances,302 measures for preventing pollution bysewage,303 and prescribes a procedure for dumping garbage from ships.304From the standpoint of international legal scholarship, of no smallerimportance is the correct understanding of the non-binding components of thePolar Code.
Parts I-B and II-B, as already noted, are “additional guidelines” for299Polar Code. Part II - A Chapter 1 Prevention of pollution by oil / International Code for Ships Operating in PolarWaters.300Gunnarsson301B. Op.cit. P. 64-67.Ibid.302Polar Code. Part II - A Chapter 2 Control of pollution by noxious liquid substances in bulk / International Codefor Ships Operating in Polar Waters.303Polar Code. Part II - A Chapter 4 Prevention of pollution by sewage from ships.304Polar Code.
Part II - A, Chapter 5 Prevention of pollution by garbage from ships / International Code for ShipsOperating in Polar Waters.249compliance with each of the binding parts of the Code. These guidelines arespecifications, recommended rules called “soft law” in foreign international legalliterature; some are charts and even formulas.The geographical scope of the Polar Code, as already noted, is limited to thenotion of “polar waters”, that is, a) Arctic waters, and b) the maritime area ofAntarctica; the former and the latter are described in the document, in addition thetext of the Police Code reproduces the charts of the Arctic and Antarctic watersdepicting the Code’s scope.The Code states that these two areas of polar waters are different in theirlegal status and geographic position, and the document takes account of thatdifference.A foreign study, in commenting on “the significance of the IMO Polar Codefor Arctic Shipping,” notes that the scope of the Polar Code covers areas of bothpoles that is, both the North and South Poles.305We should note, however, that the South Pole is found on the Antarcticcontinent, and even assuming this is about the eventual navigation in the distantfuture (in Antarctic lakes and rivers), the SOLAS and MARPOL Conventionswould not apply to it.The binding parts of the Polar Code must be performed by the state partiesto both the SOLAS and MARPOL Conventions; amendments were introduced intothe Conventions to that very effect, as noted.
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