ABSTRACT
Antarctica and Arctica are often referred to in terms of similarities, but the better starting point still remains to focus rather on their different geographical, geological and climatic settings, as well as their completely opposite strategic importance in order to try to come to grips with the dissimilar legal regimes that are applicable in both polar areas. If the tip of the Southern Hemisphere has basically been governed by the principle of internationalisation, its northern counterpart has rather been driven by coastal State interests. This has a demonstrable impact on the navigational rights and freedoms at present applicable in the polar areas, which once again do not have much in common. The Antarctic and the Arctic will consequently have to be looked at separately. The Polar Code, today applicable to navigation in both polar areas, seems at first sight to contradict the submission, but closer analysis actually shows otherwise.
