Shipping Emissions Scrubbers and Sea Ice-Breaking in the Arctic: Reflections at the Interface of Shipping Regulations and the Law of the Sea Regime

Abstract for Scopus Indexing: This article reflects on examples of Aldo Chircop’s engagement, invaluable contributions and thought-provoking reflections in international policy- and law-making in intergovernmental bodies, with a focus on Arctic policy at the International Maritime Organization ( IMO ). One of his areas of expertise is also the interface of shipping regulations with the implementation of the United Nations Convention on the Law of the Sea law ( UNCLOS ) and the law of the sea regime in general. The article elaborates on how Aldo Chircop’s enlightened dedication and approach have started overthrowing the status quo on maritime issues at the interface of maritime law, the law of the sea and Indigenous rights, in particular with respect to demonstrating the limits of scrubbers as an equivalent measure to lower sulphur emissions and conversely that approaches to sea ice-breaking may need reconsidering in light of Indigenous rights. This article recounts and builds on this scholarship to provide additional arguments on both fronts. These include a proposal that the 2023 Agreement under the UNCLOS on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction further supports these two arguments.