ABSTRACT

This chapter discusses the international law of the sea and then considers controversies that exist with respect to the law of the sea in the polar oceans. International law recognizes states as having sovereignty over their territory, which extends to all of the land territory of the state. One of the more significant areas of controversy with respect to shipping and marine environmental protection in the polar oceans has been with respect to the negotiation of a Polar Code. The polar oceans are subject to general marine environmental instruments that have global application, some of which have particular relevance for the law of the sea. The Polar Regions have significant maritime domains and accordingly are subject to the law of the sea as reflected in the Law of the Sea Convention and its associated instruments, and the multiple additional legal instruments that make up the modern law of the sea.