Breaking Point: A legal analysis of Canadian practice in relation to ice breaking in the Northwest Passage

Abstract

This thesis consists of four parts: Part 1, comprised of Chapters I and II, consists of this introduction and some background information. It aims to provide the reader with the context necessary to obtain a workable understanding of the Canadian marine Arctic, the NWP, the shipping that occurs therein and some basic information on ice breaking. However, spatial considerations only allow for minimal coverage. Possible terminology clarification and definitions are also provided. Part 2, comprised of Chapter III, focuses on the first research question. Namely, it explores aspects of the international legal framework for Arctic shipping relevant in respect of ice breaking in the NWP. Again, spatial considerations do not permit an in-depth examination, so the author has selectively presented only those aspects deemed essential for the purposes of this thesis. Part 3, comprised of Chapters IV and V, focuses on the second and third research questions. First, Chapter IV provides a presentation of the laws, regulations and practices in relation to ice breaking in the NWP. From this presentation, the author establishes the instances in which a vessel navigating in the NWP is legally required to obtain icebreaker assistance. Second, Chapter V contains an analysis of the consistency of Canadian practice in relation to ice breaking in the NWP (presented in Chapter IV) with international law in light of the aspects of the international framework for Arctic shipping (presented in Chapter III). Part 4, comprised of Chapter VI, attempts to conclude on the adequacy of the Canadian practice in relation to ice breaking in light of the challenges for the NWP related to climate change, marine environmental security, and creeping jurisdiction.