Research On Arctic Council Observer System From The Perspective Of International Law And Chinese Response

With the global warming and the melting of sea ice of Arctic,how to developand utilize Arctic finely has became an important issue of international affairs. Facingthe new situation in the Arctic, the eight Arctic countries established a high-levelintergovernmental forum-Arctic Council, which provides a platform for countries tocarry out mutually beneficial exchanges and cooperation. Meanwhile, the ArcticCouncil also has a certain openness. In addition to the full membership, the ArcticCouncil has also accepted the qualified non-Arctic sovereignty of national andinternational organizations to participate in its specific Affairs as observers. May2013, the eighth ministerial meeting of the Arctic Council was held in Kiruna, at themeeting, China had an important stride in the rode of acquiring a formal observerstatus, which has the meaning of milestone. At present, the domestic research onArctic Council is rare, especially in observer system of Arctic Council. With theopportunity of China ’s newly acquired observer status to,making up for research gapsin international law in this area is important. This paper examined the Arctic Councilobserver system on the prospect of international laws, what’s more, analyzed on rightsand restrictions of China as an observer country and finally put forward China ’scoping strategies.From perspective of structure, this paper has been divided into six partsaltogether. The body part which has been divided into four chapter adjacent to theintroduction and conclusion.The first chapter is "The Legal Attribution of the Arctic Council and itsTransformation in the Arctic Governance ". Firstly, this part elaborates on the basicproblems of the Arctic Council, including its origin and development history,composition and specific operation and so on. On this basis, this part puts forward theproperty of Arctic Council in the international law.At present, the Arctic Councilshould still be identified as a senior forum between the eight Arctic states,it provides a favorable platform for the development and utilization of the Arctic region. For thenew international situation and development of the Arctic, the legislative function ofthe Arctic Council is reflected gradually.This new function will greatly promote theArctic governance to make new progress and the Arctic Council will realize itstransition from a senior forum to an International Governmental Organization.The second chapter is "The Basic Content of the Arctic Council ObserverSystem". From the beginning of the formation and development of observersystem,this section introduces some basic problems of the observer system.Accordingto the different criteria of rights and member properties,it analyzes the structure ofthese observers. Finally, this part focuses on the analysis of the specific content ofArctic Council observer system. Under the guidance of “Arctic Council ObserverManual For Subsidiary Bodies”,the content can be divided into two different parts:acquisition of the observer qualification and the space and limit to the Arcticgovernance based on this status.The third chapter is "the Influence of the Arctic Council Observer System onArctic Legal Order".Based on another view of international law of the Arctic Councilobserver system,this part analyzes its influence on Arctic legal order. Specifically,theinfluence includes two aspects:the future development of legal system and the Arcticlegal dispute resolution.The fourth chapter is "the Situation and Coping Strategies of China ". Studyingon the Arctic Council observer system, the fundamental foothold lies in the situationand coping strategies of our own country.This chapter is divided into three parts.Fromthe two positive and negative perspective,it demonstrates the positive aspects andrestrictions for Chinese interests in detail. On this basis, this part puts forward thecoping strategies of China finally.