A Study on the Laws and Regulations for the Prevention of Vessel-Source Pollution in the Arctic Waters: Focusing on International Code of Safety for Ships Operating in Polar Waters(Polar Code)

With the acceleration of the throwing of polar’s sea ice due to the global warming, international community has been interested in the economic benefits of polar waters such as the new sea lane and the exploitation and exploration of oil and gas resources. In particular, the arctic waters, which has been long recognised as th path of expedition, is predicted to increase a number of vessels that wish to pass through its waters due to recent success of commercial voyages that sail across from european to Asia by using the Arctic Waters. Although the most popular passages are the Northwest Passage, which is from the Atlantic to the Pacific Oceans passes through the Canadian Arctic Archipelago, and the Northeast Passage which cross the Arctic north of Russia, the North-centre Passage is expected to be sooner used as the shipping route by reason of dramatically melting of the arctic’s sea-ice. Meanwhile, with the increasing numbers of vessels sailing across in the Arctic waters, international community has voices of concern regarding vessel-source pollution. Due to physical features of the arctic waters, this area is vulnerable to vessel-source pollution considering that it may be difficult to promptly response or take measures in case of accidental discharges and operational discharges of ships than other seas. Hence, the vessels that is using the arctic waters not only have a special attention to prevent vessel-source pollution, but there also is important to take protective measures concerning the international safety requirement for design, construction, equipment, operation and manning of vessels. As a result, the Maritime Safety Committee of International Maritime Organisation has been adopted ‘International Code for Ships Operating in Polar Waters(Polar Code)’ and new chapter XIV(Safety Measures for Ships Operating in Polar Waters) of the SOLAS for the purpose of authorizing legal binding of Polar Code. In addition, at the sixty eighth session of Marine Environment Protection Committee on 15 May 2015 has been adopted the parts Ⅱ-A and Ⅱ-B of the Polar Code and the related amendments to MARPOL73/78 Annexes Ⅰ(Prevention of Pollution by Oil), Ⅱ(Control of Pollution by Noxious Liquid Substances in Bulk), Ⅳ (Prevention of Pollution by Sewage), and Ⅴ(Prevention of Pollution by Garbage). The purpose of the Polar Code is to offer the safety operation and protection of the polar environment. The Polar Code already entered into force 1 January 2017 upon along with the entry into force the associated amendments to MARPOL73/78 and SOLAS. The content of Polar Code consist of Part I and Part II and the structure of its Code constitute that while Part A is mandatory provisions, Part B is recommendatory provisions. This study will look at the economic advantages of the arctic waters as new shipping’s route. Afterwards, this study will examine the significance and the issues of implementation of the Polar Code to prevent vessel- source pollution in the arctic waters. Further, after analysing the enacting progress and the main contents of the Polar Code, it will suggest the recommendations and the improvement for the Polar Code to combat vessel-source pollution in the arctic waters.