Arctic Winter College 2021 - Policy Briefs #2 - Marine and Maritime Issues 2

The future of the NSR depends on the extent of the Arctic Sea ice and infrastructure development within the route. [...] However, even the existence of a number of agreements, relating to seabed oil production in the Arctic Ocean, is inadequate in compensating the loss suffered by the transboundary victims living along the coast of the Arctic Ocean. [...] An example of this would be the 1986 Chernobyl nuclear power plant blast where the affected States bore the consequences for the pollution themselves.30 In more murky situations, where the consequences of the pollution are more distant in time or that they are only one of the elements composing the ‘combustion triangle’,31 the State of origin might be unwilling to cater for the consequences it has. [...] In the perspective of seabed oil production, there is only one global treaty that adds to the obligation of the States to intervene in seabed oil production pollution prevention irrespective of whether they are the State source of the pollution – the OPRC Convention.35 Unfortunately, the only claimable compensation is the expenses incurred during the intervention and clean up but has no provisions. [...] In addition, third party claims against the personnel of the assisting State for accidental harm caused while carrying out duties in the territory of the requesting State may also be compensated by the State needing assistance.42 On the other hand, one bilateral agreement makes not the State of origin accountable for the intervention expenses but the actual polluter.43However, if the polluter is u.