ABSTRACT
Polar ocean areas, in particular the Arctic Ocean, have been at the forefront of global attention for over a decade. Much of this attention relates to national jurisdictional claims and maritime boundaries. Article 234 of the LOSC, the primary focus of this chapter, was intended to reconcile the environmental concerns of certain Arctic coastal States (Canada and the Soviet Union) with the navigational interests of maritime States, especially the United States. This chapter analyses whether Article 234 has successfully mediated between strengthened coastal State jurisdiction in “ice-covered areas” and established rights of navigation. It also tackles the increasingly pressing question of the impact of climate change on the continued application of Article 234 and what role the provision could play in the evolving Antarctic regime.
