Article 234 of the 1982 United Nations Convention on the law of the sea and reduction of ice cover in the Arctic Ocean

摘要

The article analyzes the reasons for developing and including Article 234 of the 1982 Convention of the Law of the Sea. Article 234 provides coastal States with special rights to adopt laws and regulations in order to prevent, reduce and control marine pollution in ice-covered areas within their exclusive economic zone. Based on the analysis of 1969 Convention on the Law of Treaties and the Law of the Sea Convention itself, the authors conclude that provisions of Article 234 should be regarded as a special legal mechanism for protecting marine areas in the Arctic region. Therefore, implementation of Article 234 cannot be changed or cancelled as a result of ice cover reduction in the Arctic Ocean or following the entry into force of the Polar Code, which establishes new rules of navigation in the Arctic waters.