Sea Ice and the Law of the Sea: The Myth of Article 234

The sea ice of Article 234 of UNCLOS represents not the physical ice of the Arctic Ocean but a negotiated myth of ice as it affects the Arctic littoral states. The stability of this prescription is threatened by anthropogenic climate change causing a preferential evacuation of ice from the eastern Arctic compared to the western Arctic, as well as expectations for a possible future ice-free Arctic. This is leading to an intensification of claims on marine space. The irreducible uncertainties of the future trajectory of Arctic change demands a dynamic response.

The myth of Article 234 will ultimately align with the complexities of the phenomenon of disappearing ice. It is in the dynamic nature of international law that prescriptions do not remain constant and neither does ice.