Protecting the Antarctic marine environment from the impacts of shipping. Enhancing compliance with regulations for environmental protection and maritime safety

Abstract

The marine Antarctic is known for its fragility, but also for the harshness of its environmental and climatic conditions. This situation means that even though shipping traffic through the Southern Ocean is not of a scale comparable to other oceans, the risks of shipping are higher than in most other marine areas. Responding to the navigational challenges and vulnerability of the polar marine environments, the International Maritime Organisation has recently adopted the International Code for Ships Operating in Polar Waters. In addition to the general law of the sea, the Southern Ocean is subject to a unique regional regime, the Antarctic Treaty System. The sum of the instruments that apply to Antarctica is one of the strictest legal regimes for environmental protection in the world. However the lack of undisputed territorial sovereignty in the Antarctic Treaty area leaves significant jurisdictional gaps in the framework to ensure compliance and enforcement with the shipping regulations for environmental protection and maritime safety. In light of recognised threats to the marine environment, and recent harmful maritime incidents, this thesis explores further enforcement mechanisms both on the regional and global level in order to suggest possible measures that may contribute to safe and environmentally sound shipping in Antarctica.