Study On The Relevant Legal Issue Of The Waters Of The Arctic Archipelago Between United States And Canada As Well As Its Implications For China

In the increasingly fierce battle of arctic, the countries all over the world covet the interests of arctic's rich energy and resources, and launch a competition for another round of interest. Alaska of the United States and the northern part of Canada adjacent to each other are both in areas within the Arctic Circle. In virtue of the valuable territory in the Arctic, the intensions of benefiting from Arctic of United States and Canada, which are as two important members of the eight circumpolar countries, also as great power in the world, are more and more obvious. Moreover, global warming and the gradual melting of Arctic glaciers make it possible and provided for Arctic routes shipping. Particularly the navigation of the Northwest Passage which is suited at north of the North America and has a very important shipping, military and strategic value, becomes the focus of world and the starting point of trying for best interests. Due to having geographical advantage, the conflicts between the United States and Canada are increasingly prominent in the region. Yet the source of all disputes lies in the challenge and uncertainty on the legal status of the Northwest Passage. In other words, whether the Northwest Passage is used for international navigation or under the control of Canada is the very crux of the fierce disputes between Canada and the other countries led by the United States and European Union. To solve the problem, we must first define the legal status of Arctic Archipelagic waters where the Northwest Passage is suited in. However, it depends on the solution to the problem whether the theory of straight baselines is applicable for this area. Therefore, article regards the entire archipelagic waters which is located in the northern end of the North America, and which is adjacent to the United States and Canada, and where the Northwest Passage is suited in, and which is composed of several islands groups and waters be surrounded as the background to the study area. Because their ownership has not yet resolved, I called the waters of the Arctic Archipelagoes. Furthermore, article adopts the methods of legal interpretation, comparative study, historical analysis, semantic analysis, system logic analysis and empirical study. In addition, its train of thought is first to summarize the involved controversies of the background area, second to propose to the international law problems triggered by controversies, third to research on the related international legal theories, and last to enlighten from the dispute by contrast.At the beginning, I first clearly define the special geographical position of the waters of Arctic Archipelagic and the Northwest Passage. Then the article reviews a long and difficult historical process which the Northwest Passage experienced from ice-breaking to demonstrate in front of the world. And to arrive at that the Passage and waters have major value of shipping and military. For this reason, in the face of the temptation of the enormous and rich energy resources showed by this region, and in order to dig the potential marine rights and interests behind and to satisfy the corresponding intention of political purpose, the two countries are in long-term controversy and conflict at such sensitive issues as resource ownership, territorial division, maritime delimitation, navigation interests and military strategy. Whether the Arctic Islands are in the sovereign of Canada, Whether the waters of Archipelago is domestic water or international water, Whether the Northwest Passage is under the control of Canada or can be used for international navigation of ships around the world. Around these focal points of the two countries in this region, their governments put forward the official position in their respective. For a long time they take a series of official initiatives to consolidate their respective claims, while also formulate a number of policies and domestic laws related to the Arctic. Through teasing the controversies above, the essence of two countries'conflict is to raise them to the level of international law and settle international disputes with legal means. Different from the South and the moon, the legal status of the Arctic and this area has not been fixed. What be hidden behind the two countries'controversy is to compete for the right of territorial sovereignty, maritime jurisdiction, navigation, resource and scientific research. Soon after, the author sequential start from three theories such as straight baselines theory, historical waters theory and international strait theory. Then compare and analyze the similarities and differences between the applicable pattern of general theory and special application of the specific theory. Subsequently article researches into the legal status of the Passage and the waters deeply.From this, Canada has right to apply the theory of straight baselines for Arctic Archipelago. The straight baselines along the outer edge of the Archipelago accord with the mandatory standards. And according to the analysis, the baselines on Canadian Arctic Islands are consistent with the general requirements of international law, as well as have some theoretical basis and practical significance. What's more, because of the historic title, the waters are the domestic water of Canada. The elements of the historic title are long-term, effective exclusive jurisdiction, vital interests and the burden of proof and so on. However, the article refers the model of Spitsbergen archipelago to qualify the legal status of the Northwest Passage specially. Namely on the premise of concluding and universally adherence to relevant international treaties, on the one hand, all countries recognize of Canadian sovereignty over the waterway. On the other hand, the channel should be opened to countries all over the world and apply to the system of innocent passage and transit passage. In other words, on the surface the Northwest Passage belongs to Canada, but it is actually equivalent to international straits. Each treaty powers can relatively free use of the Passage under the sovereign jurisdiction of Canada. This not only eases the actual conflict between the United States and Canada but also lays a good foundation for a series of problem such as environmental protection, resource exploitation and so on.It can be seen that the dispute between this two counties has a great impact on China being on the rise and non-arctic country. To obtain the relevant political, economic and military interests, China can find and fight for greater opportunity for development and the space of interests in scientific research, waterway transportation, resources exploitation and environmental protection. In this grim international situation, when participating in the Arctic matters China should uphold its own attitudes and positions and take effective measures to maximize the access of benefits to the Arctic.