(2) International laws and international cooperations on environmental preservation in the Arctic Ocean
As described above, international laws for the prevention and reduction of pollution of the environment by ships are well established. However, few norms and regulations explicitly address the special features of the Arctic Ocean. In Section 8, "Ice-covered Seas," of Part XII, "Preservation and Protection of the Marine Environment," of UNCLOS, Article 234 gives coastal states the right to adopt and enforce laws and regulations for the prevention, reduction and control of marine pollution from ships in ice-covered areas within the limits of the exclusive economic zone. However, the Convention does not indicate any special regulations reducing pollution from ships. For further comments on the Article, please see Section 4.3. In Appendices I and V of MARPOL, a revision adopted in 1990 and made effective in 1992 added the Antarctic region to the special areas in which provisions were strengthened regarding oil spillage and waste from ships. MARPOL does not contain any special requirements for the prevention of pollution in Arctic waters, although the Arctic countries have agreed to implement MARPOL's special area requirements for ships sailing in Arctic waters.
Clearly, the Arctic waters are behind the other waters in international legislation for prevention of pollution. Yet a number of activities are currently ongoing with the purpose of answering this concern. One organization at the heart of these efforts is the Arctic Council, a conference of the regional representatives of the Arctic countries that includes Canada, Denmark, Finland, Iceland, Norway, Russia, Sweden and the United States as well as representatives of the indigenous groups of the Arctic, which aims at improving Arctic cooperation on sustainable development and environmental protection and also at raising international awareness on Arctic matters. The Council, adopted a plan called the Arctic Environment Protection Strategy (AEPS). The Council activities have the five continuing components, one of which is the Protection of the Arctic Marine Environment (PAME). Through the PAME initiative, the Arctic Council aims to develop preparedness measures against marine pollution of any kind, in particular through existing international organizations and conventions such as MARPOL. Included in the PAME agenda are efforts within the IMO to include the Arctic Ocean as a special area under MARPOL and to recognize the region as a "particularly sensitive area."
At the same time, as discussed in Section 4.1 above, efforts are under way to establish an International Code of Safety for Ships in Polar Waters (Polar Code), a comprehensive set of regulations governing navigation in polar seas. In addition to requirements for the construction and equipment of ships for polar-water navigation, this draft code incorporates regulations for the protection of the environment. With respect to the discharge of pollutants from ships in the course of routine navigation, this code aims to apply the strictest provisions, either of MARPOL regarding special areas or of national regulations of coastal countries.
(3) Russian domestic law
Russian conservation and environmental legislation is a vast subject. Almost all general environmental legislation is applicable as appropriate to the Arctic. Recognition of environmental preservation in Russian domestic law can be seen in the country's fundamental body of law: the federal constitution. Article 9 of the federal constitution, which was passed into law in 1993, contains the preservation and use of the land and natural resources and the provisions of the best conditions for the lives of the peoples. Article 36, which governs property rights over land and natural resources, states that such rights may not cause harm to the environment. Article 42 asserts that enjoyment of a comfortable environment and access to information about the environment are rights of the peoples, but that such rights carry responsibility and liability for accidents, indemnification and reparation.
