Implementing the Polar Code in the Antarctic Waters: Progress, Problems, and Prospects

Abstract

The adoption of the International Code for Ships Operating in Polar Waters (Polar Code) by the International Maritime Organization (IMO) marks an historic milestone in the Organization’s work to protect ships and people aboard them, both seafarers and passengers, in the harsh environment of the waters surrounding the two Poles. When it comes to Antarctica, the Polar Code has triggered various questions deserving an answer, such as, what is the relationship between the Polar Code and the Antarctic Treaty System (ATS) regarding ship management in the Antarctic waters, how to implement the Polar Code by ATS members, what are the implications for the Southern Ocean fisheries, etc. Against this background, this paper will discuss and analyze the relevant issues concerning the legal implications of the Code and the prospects for its implementation in the Antarctic waters.