International Practice And Norm Generation

The acceleration of global warming and the melting of arctic ice and snow has not only increased the prospects for resource development and shipping lanes in the arctic,it has also awakened the once quiet geopolitical competition in the region,and heightened widespread international concern about the deterioration of the ecological environment in the region.A complex game has been played over the issues of environmental protection,resource development,ownership division and security in the arctic.In the face of the increasingly diversified participants and demands of the arctic,the existing arctic governance is facing more and more challenges.In the process of arctic governance,norm has gradually become the most important way of arctic governance.A series of problems appear gradually around the arctic normative governance practice.For example,the eight arctic countries use the ambiguity of global governance norms to monopolize arctic governance and occupy the legitimate rights and interests of non-arctic countries.The governance of the fragile ecological environment in the arctic calls for cooperation between arctic actor and non-arctic actor,but in most cases it is an opportunity for arctic states to engage in exclusive governance.At the same time,the practice of arctic normative governance also requires us to further study on different types of interaction.First,the governance of arctic norms requires effective interaction between global norms and regional norms.Under the contradiction between the rapid increase of human activities and the protection of the fragile ecological environment,we should also emphasize the interaction among the elements of science,economy and politics.In the arctic normative governance system,weak norms have become one of the characteristics of arctic governance,and it is also a problem that needs to be addressed to improve the effectiveness of arctic normative governance.On the whole,it will take some time to solve the problems faced by the normative governance of the arctic,which needs to be continuously dealt with in the governance practice.And continuous debugging is needed in the governance practice.The process not only emphasizes the interaction between arctic states and non-arctic states as well as norms,but also needs to take into account the impact of sudden political factors on them.However,if the actors can form an effective system of norm governance in the Arctic,will be help to constraints behavior of the related actors,deal with arctic governance issues to the greatest degree,ease the contradiction among the actors,and realize the real "green","peace" and "cooperation" governance.Arctic governance is also of great significance to China.While respecting the rights of arctic states in the Arctic region,China should also actively participate in the normative governance practice of the Arctic and safeguard China’s Arctic rights and interests through identity practice,discourse practice and interactive practice.This paper uses two research methods to comprehensively study the arctic normative governance issues.The research framework of this paper consists of three parts: introduction,text and conclusion.The first chapter is to establish the theoretical framework of international practice and the generation of norms.The premise of this paper is first of all to define the international norms.In this chapter,international norms are divided into strong norms,medium norms and weak norms,while the actors are divided into normative actors,economic actors and knowledge actors,emphasizing that the role of actors varies with governance issues.In addition,the theoretical deduction of international practice and specification generation is completed through the process of international practice-agenda setting-actor interaction-norm generation.In this process,the research focuses on the international practice framework,the transformation of background knowledge into foreground knowledge,the completion of the agenda setting,the influencing factors and different interaction modes of the actors under different topics.Finally,the competition compromise interaction and cooperation compromise interaction between actors promote the formation of norms.The generation of arctic governance norms is the object of the second chapter.This paper chose “United Nations Convention on the Law of the Sea and “Svalbard Treaty” as strong norms,“Polar Code” and “Agreement on Cooperation on Aeronautical and Maritime Search and Rescue in the Arctic” as medium norms,“Sustainable Development in the Arctic” and “Protect the Rights of Arctic Indigenous”as weak norms.The paths of norms generation are all based on the theoretical framework.To be specific,international practice generates the background knowledge for the generation of each norm,and actors integrate the background knowledge with their own interests and then propose the agenda setting.After that,the interaction between actors went through the initial confrontation to the middle stage dominated by competitive compromise interaction,and finally the cooperative compromise interaction between actors generated the norms.It could be found that compromise interaction is the key to the generation of norms,which lays a hidden danger for the effectiveness of normative governance.The third chapter of this paper discusses the problems and reasons.In this process,by studying the United Nations Convention on the Law and the formation of the Svalbard Treaty practice path is found that the regulation of standard producer in the arctic and the implementers not completely consistent,sparking the arctic fields inside and outside the country,as well as Norway and the other contracting state.In addition,normative governance in the Arctic also faces the problems of fragmentation and effectiveness of normative governance.The reason for this is that the dependence on governance and power has stimulated the contradiction between arctic states and non-arctic states.The reason for the fragmentation of arctic governance is not only related to the fragmentation of global governance norms,but also lies in the fact that competition for authority and legitimacy among arctic governance mechanisms is not conducive to cross-mechanism interaction,and the regional and global level has not yet formed a stable and effective interaction path,and it is also related to the competition of rights between countries.Based on this chapter studied the arctic norm governance’s fragmentation,on the basis of the study on the governance efficiency of the arctic will translate into "compliance" research.On the basis of the recognition of the core variable of national interest,this paper further proposes the influences of legitimacy and internalization,fragmentation and ambiguity,as well as the "compliance ability" of actors on the effectiveness of normative governance.The fourth chapter puts forward some countermeasures.Multiple actors cooperate to promote normative governance of arctic sovereignty,mainly through improving the adaptability of the convention in the arctic region,expanding the delimitation power of the continental shelf commission beyond 200 nautical miles,dealing with the residual rights of the exclusive economic zone in arctic waters in multiple principles,and strengthening the priority legal effectiveness of the treaty.In response to the arctic governance norms fragmentation issues,Suggestions which beyond the regulatory model on the basis of knowledge-governance issues,analysis of different types of actors embedded governance mode,main is a delegate with scientists-knowledgeable-actor,represented by energy companies and international shipping companies economical-actor,the specification of the type represented by the arctic countries outside actors of governance embedded mode.It also emphasizes the necessity of normative exit mechanism to regulate the fragmentation of the arctic.Finally,in terms of improving the effectiveness of normative governance in the arctic,four compliance models,namely "compliance caused by treaty","compliance caused by scientific knowledge","compliance caused by governance interests" and "compliance caused by internalization",are proposed respectively to improve the effectiveness of normative governance in the arctic.In addition,analysis of China’s participation in the governance of the arctic norms encountered challenges and countermeasures will become the final focus of this paper.China’s participation in arctic normative governance is confronted with three major challenges,including "non-arctic state status" and "arctic threat status",insufficient background knowledge of China’s participation in arctic normative governance,and the relatively single actor interaction.In view of this,China should integrate and internalize the identity of "arctic stakeholders" into the process of arctic normative governance through “identity practice”,and reinforce this identity through scientific cognition.Provide a legal basis for this identity through global governance norms;Through the coordination of interests among countries and the construction of new interest to realize the internalization of China’s arctic stakeholding status.The "Ice Silk Road" has become the key to the construction of new interests.In addition,we can realize the two-way interaction between domestic governance norms and Arctic governance norms through discourse practice.Finally,we should strengthen the effective interaction between multiple actors based on the convergence of interests.Finally,the conclusion points out that the promotion of normative and effective governance in the Arctic not only helps to coordinate the interests of the Arctic states,but also proves the importance of non-Arctic states and ultimately promotes the "green","peaceful" and "cooperative" governance of the Arctic.The deconstruction of norm governance in the Arctic also depends on the effective interaction of various actors and elements.In this process,China can play a unique role in making positive contributions to the norm governance of the Arctic and responding to the international community’s expectations for China’s responsibilities.In addition,there are some problems that need to be improved.Firstly,it’s how to quantify the impact of America’s strategic confrontation with China.This kind of influence not only includes whether China needs to redefine the harm that the arctic region may cause to China’s security,but also enriches the connotation of the identity of "arctic stakeholder".It also involves whether China needs to participate in the construction of arctic security governance norms.Secondly,after the 2019-ncov incident,is it possible for China to cooperate with arctic countries on non-traditional security,and how? Thirdly,after the2019-ncov incident,western countries collectively "stigmatize" China.What is the reflection on China’s cooperation with arctic countries? In addition,one of the hidden writing clues in this paper is that,in the face of the issue of how China rises as a Norm Power,this paper offers the perspective and ways of thinking for this issue,but lacks the specific way of action.