The answer to your question, I think, is yes. Until it is amended, I do not see that one can give it such a narrow interpretation as to say they're no longer ice-covered. That's my guess. Nobody knows for absolute certainty. It would be subject, of course, to a judicial interpretation, but until that article is amended, my interpretation would be that it would still apply. Of course our Arctic Waters Pollution Prevention Act of 1970 and regulations were adopted on the presumption that eventually--and that's why we fought so much and so hard during the third Law of the Sea conference--it would be confirmed, which it was by article 234.
On May 13th, 2009. See this statement in context.