ABSTRACT

This chapter explores the consideration common law of the sea issues which exist in the polar regions. The polar regions are distinct because they increasingly have their own separate legal regimes. Six key bi-polar law of the sea issues have been selected for consideration: Polar baselines, creeping jurisdiction, marine pollution, the deep seabed, navigation, icebergs and ice islands. As all maritime zones commence from a basepoint it is convenient to begin this analysis by looking at baselines in the polar regions. The growing importance of the Arctic and Antarctic in a number of areas may compel a change in this point of view. As regards the application of the 'Arctic Lake' and sector theories to the Arctic Ocean, the question can also be asked whether the Arctic Ocean is really a high sea for the purposes of the law of the sea. The application of a global law of the sea regime to the polar regions demonstrates a particular problem.