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Few transformations in Earth systems are as dramatic as those currently occurring in the Arctic. We reveal the emergence of a new route regime in response to the evolving context of climate change and human pressures. This paradigm shift presents both opportunities for Arctic exploration and maritime trade, as well as risks for marine ecosystems and coastal communities. It underscores the need for concerted efforts to recalibrate the associated legal framework. 

Sea ice levies an impost on maritime navigability in the Arctic, but ice cover diminution due to anthropogenic climate change is generating expectations for improved accessibility in coming decades. Projections of sea ice cover retreating preferentially from the eastern Arctic suggest key provisions of international law of the sea will require revision. Specifically, protections against marine pollution in ice-covered seas enshrined in Article 234 of the United Nations Convention on the Law of the Sea have been used in recent decades to extend jurisdictional competence over the Northern Sea Route only loosely associated with environmental outcomes. Projections show that plausible open water routes through international waters may be accessible by midcentury under all but the most aggressive of emissions control scenarios. While inter- and intraannual variability places the economic viability of these routes in question for some time, the inevitability of a seasonally ice-free Arctic will be attended by a reduction of regulatory friction and a recalibration of associated legal frameworks.