Studies On The Issues Of Continental Shelf Delimitation In The Arctic Region

In the increasingly heated "Contesting Fight for the Arctic" today, all kinds of legal disputes and conflicts of interest in the Arctic are very complicated. The ownership dispute of Arctic rich resources has been the very focus of these Arctic disputes, while the legalization carrier is the issue of delimiting continental shelf in this region, which is also the core issue of all the Arctic disputes under the perspective of international law. The delimitation dispute of continental shelf within 200nm mainly occurred among Arctic States, and should be settled by bilateral boundary delimitation negotiations. However, the impacts are far beyond the problem itself and the restriction of Arctic regional scope as far as outer continental shelf delimitation disputes concerned, as a consequence, the delimitation of outer continental shelf is of most highly strategic significance. As a matter of fact, delimitation of continental shelf beyond 200nm is closely associated with the route chosen to construct legal framework of Arctic region, in that the development trend of the former will have a far-reaching influence over the latter. Therefore, the interpretations of the delimitation of the outer continental shelf inevitably involve the route choice and prospect prediction of the legal framework construction in the Arctic region. States alongside the rim of Arctic region have undertaken a series of scientific expedition, military and legal actions for the profitable resources and other strategic interests in this region. It will take a long time to settle those delimitation disputes, not only did it rely on the interactive game of the relevant national and international social interest interactions, but also a consideration of international rules'influences. If a set of enforceable and effective institutional rule arrangements in the Arctic region canbe reached ultimately through the mutual negotiations among the countries and the relevant international organizations eventually, perhaps it will prevent the great powers'wrestling around the Arctic resources from being disorder and vicious, whereas a systematic guarantee for promoting cooperation among the Arctic States and Non-Arctic States canbe provided. Meanwhile, peaceful use of Arctic resources and proper settlement of delimitation disputes mean a lot to China. While in practice recognizing the Arctic States'preemption in dealing with Arctic affairs, China should also strengthen its legal understanding of Arctic continental shelf delimitation and participate in legal framework construction of this region to motivate different parties'win-win cooperation and protect China's and the vast majority of non-Arctic countries'legitimate rights and interests in this region.This paper makes use of many kinds of research methods to analyze delimitation issues with different natural conditions and different types. The framework of the paper includes introductory, main text and conclusion, seven chapters in total, five of which are main text.Chapter one gives a brief idea about Arctic and the importance of continental shelf in this region. The premise of discussing this paper's subject lies in distinguishing different usage of Arctic region, Arctic seas, Arctic states and the Arctic region in a political sense. The Arctic region is of great significance, whose location value canbe reflected in many aspects. The disputes concerning Arctic have existed for a long time, but the new system design on outer continental shelf delimitation rules in UNCLOS and current legal framework of Arctic region provides systematic convenience for seldom Arctic countries to occupy Arctic area in the pretext of UNCLOS. The Flag Action undertaken by Russia in August 2007 had made unnoticeable Arctic competition catch people's eyes and intensified different interests'contradictions and disputes. After specifying different types of disputes, this paper pointed out that the delimitation problem in Arctic area is a central one to influence the development direction of Arctic pole legal order. This problem is of specialty considering Arctic pole's natural conditions and reality. Unlimited direct application of UNCLOS rules on delimitation will unavoidably touch the core crux of Arctic disputes, which will bring about comprehensive influences on geopolitical situation and legal status of Arctic region.Chapter two talks about the continental shelf delimitation 200nm outside. As delimitation rules within 200nm concerned, it's feasible to follow principles and methods established by international judicial authority considering the simple stipulation in UNCLOS. Of course, different countries hold different attitudes towards specific delimitation methods, countries with similar position may also have different understanding regarding the same rules. Geographical factors, geological and geomorphic factors, social and economic factors are all specific situations likely to affect the result of continental shelf delimitation within 200nm. The disputes over continental shelf delimitation within 200nm among Arctic countries have been resolved for the most part through delimitation agreements. The 1920 Svalbard Treaty has made specific institutional arrangements regarding certain areas. Currently, the dispute in Beaufort Sea between US and Canada is the main continental shelf delimitation dispute within 200nm in Arctic area; it is also the only existed dispute hasn't been reached any solution in the Arctic region.Chapter three illustrates continental shelf delimitation disputes beyond 200nm, which is also the key point of this article. The most important different between delimitation of continental shelf 200nm outside and continental shelf within 200nm is that the UNCLOS establishing a professional institute, UN Commission on Limits of Continental Shelf (CLCS), in delimitating outer continental shelf. It's a compulsory procedure for coastal states to submit delimitation application to the commission. This chapter is to begin with reviewing three cases directly concerning central sea area in Arctic Ocean applied by Russia, Norway and Denmark in 2001, 2006 and 2014 respectively, and makes an analysis on gains and losses and related legal issues of these cases. There are many legal obstacles affecting Arctic countries' delimitation application, but legal issues, such as consistent controversies over the legal status of Arctic area, regulation of the strike of coastal countries baseline and so on, are not going to impede Arctic countries expanding their continental rights' boundaries fundamentally, the essential difficulty is still the technical determination of the terrain nature of ocean floor in Arctic Ocean central area. Besides, the dilemma of adjacent outer continental shelf delimitation will also has impact on eventual settlement of Arctic continental shelf delimitation. What's more, the specific scope of international sea bed area depends on the final settlement of limits of continental shelf 200nm outside.Chapters four and five aim at resolving ought-to-be plan and response measures in reality respectively, the discussion of the latter one will unfolded from perspective of protecting China's Arctic interests. Arctic countries generally hope that the delimitation issues will be confined to their inside, they want to ensure their dominance in Arctic area by constructing a closed Arctic legal framework and partially borrowing self-interested rule in Article 76 of UNCLOS to carve up the Arctic to the largest extent. Non-Arctic countries, on the other hand, expect the Arctic issues to be an international issue. They strive to amend the UNCLOS, adjust related competence of CLCS and establish specific conventions on Arctic area and polar region and other means, to restrict Arctic countries from making use of UNCLOS rules to claim large interests intentionally. Therefore, the fifth chapter considers response measures available to China. China should manifestly define the role it is going to play in Arctic and the content of its interest in the first place, push forward international multilateral cooperation through economic cooperation and law's game, and thus broaden activity space for China and other non-Arctic nations. Strengthening international law' interpretations of Arctic problems, improving Chinese participation level in Arctic affairs are the only way for China to achieve greater voice power. Meanwhile, China should grasp vital point of Arctic continental shelf issues, which is the outer continental shelf delimitation, and work out corresponding policy to carry out law's game with Arctic countries more effectively in reality. China should also interact with Arctic countries and non-Arctic countries depend on their own situation. Only by using different means could China strengthen its soft power.At last, this paper holds that in the conclusion part it has been a shared expectation of most members of international society that the framework of Arctic legal system should be favored to China and other non-Arctic countries as well as the benign development of international community's common interests and ensure ordered exploitation and sustainable development under peaceful and environmental conditions. The protection of above mentioned subjects'legal interest in Arctic area will eventually depend on the development of Arctic continental shelf, especially continental shelf delimitation beyond 200nm. It is China's responsibility in this era to play its unique role to make positive contribution during this process.