Governance of Arctic Shipping: Balancing Rights and Interests of Arctic States and User States examines potential cooperative mechanisms for balancing rights and interests of Arctic States and user States in light of experiences with Southeast Asian cooperative mechanisms. This volume analyzes the applicable international regulatory framework with special attention to the roles of the International Maritime Organization and the Arctic Council. The rights, interests, positions and practice of Arctic coastal States are compared with those of user States, with particular emphasis on China, Japan and South Korea. The final chapters analyze cooperative arrangements in Southeast Asia, in order to explore if these could act as models to enhance cooperation among coastal States and user States in the Arctic.
Robert C. Beckman, LL.M. (1976), Head, Ocean Law & Policy Programme, Centre for International Law, and Associate Professor, Faculty of Law, National University of Singapore.
Tore Henriksen, Ph.D. (2001), Professor and Director, K.G. Jebsen Centre for the Law of the Sea (JCLOS), UiT The Arctic University of Norway, Tromsø.
Kristine Dalaker Kraabel, J.D. (1997), Ph.D Research Fellow, K.G. Jebsen Centre for the Law of the Sea (JCLOS), UiT The Arctic University of Norway, Tromsø.
Erik J. Molenaar, Ph.D. (1998), Professor, K.G. Jebsen Centre for the Law of the Sea (JCLOS), UiT The Arctic University of Norway, Tromsø, and Deputy Director of Netherlands Institute for the Law of the Sea (NILOS), Utrecht University.
J. Ashley Roach, LL.M. (1971), Captain, JAGC, USN (retired), Office of the Legal Adviser, U.S. State Department (retired), Visiting Senior Principal Research Fellow, Centre for International Law, National University of Singapore.
Table of contents
Foreword Acknowledgements List of Figures List of Abbreviations List of Contributors
Part 1: Background and Context
The Changing Maritime Arctic and New Marine Operations Lawson W Brigham
The Arctic, the Arctic Council, and the Law of the Sea Erik J Molenaar
The Rights, Interests and Role of the Arctic Council Permanent Participants Dalee Sambo Dorough
Part 2: The Role of the IMO
The IMO, its Role under UNCLOS and its Polar Shipping Regulation Aldo Chircop
The Polar Code and its Adequacy J Ashley Roach
Part 3: Rights, Interests, Positions and Practice of Arctic Coastal States
Russia Jan Jakub Solski
Canada and the United States Donald R Rothwell
Norway, Denmark (on behalf of Greenland) and Iceland Tore Henriksen
Part 4: Rights, Interests, Positions and Practice of User States
Rights, Interests, Positions and Practices of Asian Flag States, with Special Reference to the Republic of Korea Deukhoon (Peter) Han and Sung-Woo Lee
Equal Treatment and Non-Discrimination for User States Guifang (Julia) Xue & Yu Long
The Rights and Interests of Japan in regard to Arctic Shipping Kentaro Nishimoto
Part 5: Cooperative Mechanisms for the Governance of Shipping
The Cooperative Mechanism for the Straits of Malacca and Singapore Robert Beckman and Sun Zhen
Oil Spill Preparedness and Response—The Singapore Experience Captain M Segar
Conclusions on Challenges and Prospects for Enhanced Cooperation on the Governance of Arctic Shipping Robert Beckman, Tore Henriksen, Kristine Dalaker Kraabel, Erik J Molenaar and J Ashley Roach
All interested in international regulation of Arctic shipping, the rights, interests, positions and practice of Arctic coastal States and Asian user States, and prospects for new Arctic cooperative mechanisms.