Study On Legal Issues Of The Arctic Dispute

With the intensification of global warming, and the ice revealing the Arctic has gradually shown its potential value. Arctic resources, routes, and military status have become the focus of world attention, based on United Nations Convention on Law of the Sea, circumpolar countries began the "enclosure movement" in Arctic region. But with the particularity of the Arctic Geography and the no specific applicability of United Nations Convention on Law of the Sea in the Arctic region, making the right vested in the Arctic region is not clear, therefore, in recent years, the dispute of the Arctic has become increasingly fierce.On the basis of a large number of books and papers, this paper using the theory in international law, and knowledges of international relations and international politics, using historical research methods and comparative research methods study the Arctic dipute from different angles. With the hope to find the most viable and effective solution to the Arctic dispute, while also concerned about interests in the Arctic of our country, and indicates China's position of peaceful development in the Arctic region.In addition to the introduction and conclusion, this paper is divided into four parts, about 30000 words.Part one, on the basis of a clear geographical concept of the Arctic region, combined with the existing international legal system and the fact of the Arctic region's history, defines the Arctic region as a mixture of multi-layered legal concept. And then begin with the history of human exploration in the Arctic, analyses the history and current situation of the legal issues in dispute over the Arctic, details the origins and development of the Arctic dispute.Part two, selected Russia, Canada, the United States as the representative of the circumpolar countries as well as the United Kingdom representatives of other countries as major parties to the Arctic dispute, presents their claims and actions in recent years.Part three, expatiates four main aspects of the Arctic dispute: the sovereign rights of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, two Arctic channels, the North Passage and Northwest Passage, the Arctic region's resources and the Arctic region's important military-strategic position.Part four, on legal solution to the Arctic dispute, first analyses United Nations Convention on Law of the Sea and Svalbard Treaty as the existing international law which applicable to Arctic region. And then try to consult these two international treaties, and Antarctic Treaty which applicable to the other pole of the Earth, analyses three possible solutions: clear the legal status of the Arctic region pursuanted at United Nations Convention on Law of the Sea, consulting Antarctic Treaty sign Arctic Treaty, as well as the reference to Svalbard Treaty to resolve disputes in specific area. Proposed the way combining these three methods for the Arctic region's complex legal status. Finally, according to China's relevant interests in the Arctic region, combined with China's international status analyses China's position on this issue, as well as international cooperation in the strategy of peaceful development and utilization in Arctic region which China has always advocated.