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In The News 2007-2008

In The
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Shipping Made Easy? – Action Resumes on U.N. Convention on the Law of the Sea

Alan Benedict

October 12, 2007

Global warming is clearly having an impact on our planet. From polar bears to polar ice caps to our beloved sand beaches, we are losing things we have taken for granted for centuries. Although losing beaches due to record-breaking hurricanes is obviously something we would prefer to avoid, some positive aspects of global warming are becoming apparent. Experts predict that next summer and for the first time in recorded history, the Northwest Passage will be navigable by ships that are not outfitted with ice-breaking hulls. The specially designed hulls will not be necessary because the entire passage, which cuts off roughly 4,700 nautical miles from the voyage from Europe to the Far East, is predicted to be free from ice for at least one month during the summer.

Canada, Russia and the United States, have each laid claim, in one way or another, to the newly available shipping lane. Canada's claim stems from the fact that the shores on either side of the passage are Canadian. They have recently begun monitoring sea traffic in the region in an attempt to bolster their claim. The United States ("U.S.") has always preferred to keep shipping lanes designated as international waters. Action recently resumed on ratifying the twenty-five year old United Nations Convention on the Law of the Sea, which would give the U.S. "a seat at the table" when nations discuss the utilization of natural resources, like the Northwest Passage. Russia has been claiming large swaths of arctic land largely through old world explorer tactics such as planting a flag at the North Pole. The action did not concern Canada, nor has it created much of a stir in the U.S.. Regardless of North America's reaction, Russia operates the largest fleet of icebreakers and thus the country is a large player in the arctic land grab.

There is pressure on the involved countries to settle the dispute for reasons beyond the newly available shipping lane. The Arctic also contains oil and natural gas reserves that become increasingly accessible as the ice thins. The conservative shipping industry may avoid the passage altogether. The Northwest Passage, with roughly 19,000 islands, is difficult to navigate and the weather can be unpredictable. If, however, the industry does embrace the new shipping lane, increased international traffic could result in the international shipping lane designation the U.S. prefers.

Sources:

Canada to Monitor Traffic in Northwest Passage, AFP via Yahoo! News (Sept. 25, 2007), available at http://news.yahoo.com/s/afp/20070925/wl_canada_afp/canadamilitarytransportarctic_070925164935.

Floyd McKay, Canada, U.S. Should Break the Ice on Northwest Passage Standoff, Seattle Times (Oct. 3, 2007), available at http://seattletimes.nwsource.com/html/opinion/2003920385_floyd03.html?syndication=rss.

James Graff, Fight for the Top of the World, Time (Sept. 19, 2007), available at http://www.time.com/time/world/article/0,8599,1663445,00.html?xid=rss-topstories.

Jim Abrams, Senate Considers Acting on Sea Treaty, San Luis Tribune (Oct. 3, 2007), available at http://www.sanluisobispo.com/news/politics/story/157672.html.

Northwest Passage Unlikely Option Despite Melting Ice, New Zealand Herald (Oct. 5, 2007), available at http://www.nzherald.co.nz/section/2/story.cfm?c_id=2&objectid=10467905.