Regulating Environmental Impacts of Shipping in the Arctic: Legal Development and International Cooperation

Abstract The triple planetary crisis poses a significant threat to the Arctic region, encompassing both marine areas within and beyond national jurisdiction. With the warming effect and the decrease in ice coverage, international shipping in Arctic waters is expected to increase. Due to the sensitivity of the fragile ecosystem, the increased shipping activities in Arctic waters will bring stressors to the marine environment. The international community has responded with laws and policies to regulate international shipping in the Arctic, aiming to prevent negative impacts on the marine environment and local communities. International shipping regulations are developed by States through the International Maritime Organization in the context of the law of the sea and general international law, which are supported by non-binding guidelines and policy recommendations, including those developed by the Arctic Council. With the recently adopted international agreement to conserve and manage marine biodiversity in areas beyond national jurisdiction, the landscape of Arctic shipping governance is expected to be further developed to better respond to the triple planetary crisis. This paper examines the interplay between legal development and international cooperation in the development of Arctic shipping regulations to mitigate adverse environmental impacts.