Analysis On The Legal Issues Of Delimiting The Arctic Outer Continental Shelf

In the near future, it's technically possible for the Arctic coastal countries (Russia, Denmark, Norway, Canada and the United States) to exploit the natural resources hidden in the Arctic region as the Arctic ice cap is melting rapidly. Those countries might disagree with each other on the sovereignty over the Arctic continental shelf. According to the United Nations Convention on Law of the Sea (Hereinafter referred to as UNCLOS), a coastal State may extend its continental shelf beyond 200 nautical miles. Russia, Denmark, Norway and Canada are parties to the UNCLOS. They wish to extend their outer continental shelf through the application procedure under the UNCLOS. Geological structure of the Arctic continental shelf, the non-legally binding recommendation of the Commission on the limits of the Continental Shelf(Hereinafter referred to as CLCS), the defects of the dispute settlement mechanism of UNCLOS as well as the fragile Arctic environment system jointly determined the delimitation of the continental shelf in the Arctic will be a complicated procedure.The Arctic outer continental shelf issues are not only regional affairs, but also closely relating to China's vital interests. If all the Arctic Ocean coastal countries'requests are met, the international seabed area of the Arctic Ocean will be reduced from 2.88 to 0.34 million square kilometers which will seriously violate the non-Arctic countries'rights on high seas. China is a populous country. The per capita share of resources of China is very low. In order to ensure China's sustainable and stable development of economy, we should pay more attention on the legal rights on natural resources in high seas. This is the practical significance of this article.The passage is divided into three parts——introduction, main body and the conclusion. The main body consists of three chapters.The introduction briefly introduces the Arctic region and the background of the extension of the Arctic continental shelf, mainly concerns the latest scientific research fruits on the Arctic ice cap melting and the amount of nature resources in the Arctic region.Chapter I is "the treaty law basis of delimiting the outer continental shelf ".This chapter mainly describe the history of legal system on outer continental shelf, focusing on the stipulations of UNCLOS on the outer continental shelf. This Chaper analyzes the aim, function of CLCS, as well as the procedure for applying limiting the outer continental shelf.Chapter II is "the status quo of the Arctic outer continental shelf and its legal issues". This chapter introduce the latest development of the Arctic coastal countries on the extension of the outer continental shelf, including comments from other countries on Russia's first application for the outer continental shelf, the Arctic coastal countries' preparation on raising application, related national polices and instructions of CLCS on Norway's application concerning the controversy region of Loop hole and Western Nansen Basin. Besides, this chapter reveals problems in current treaty mechanism, including the relationship between the Arctic coastal countries and UNCLOS, the deficiency of CLCS itself and the shortcomings of dispute settlement mechanism in UNCLOS.Chapter III is "Analysis on the Settlement Model of Delimiting the Arctic Outer Continental Shelf ". This chapter introduces three popular settlement models of the Arctic Outer Continental Shelf issue, including the South Pole Model, 1958 Continental Shelf Convention Model and Five Courtiers'' Internal Agreement Model beyond UNCLOS. My conclusion is that all these models are not feasible due to lacking of legal basis. Then my suggestion on delimiting the Arctic Outer Continental Shelf is to settle the Arctic Outer Continental Shelf issue into a comprehensive process in which many countries will participate and they will go through different phrases. The Arctic Outer Continental Shelf issue is expected to settle under the framework of UNCLOS; Suggestions of CLCS are the preconditions; Special delimiting agreements are practical ways in reality; Environment protection is a must concern of extending the outer continental shelf; Legitimate interests of non-Arctic countries shall be considered in delimiting the Arctic Outer Continental Shelf.The conclusion part summaries the analysis on many legal issues on delimiting the Arctic Outer Continental Shelf and suggestions on the settlement. This part also points out that China is entitled to enjoy the legitimate rights and interests as a "near Arctic country". China is expected to influence the final settlement of the Arctic Outer Continental Shelf through active and stable legal methods in order to safeguard its own legitimate interests.