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The Legal Status Of The Arctic Islands Waters

Posted on:2015-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:D D SunFull Text:PDF
GTID:2296330431484071Subject:Law
Abstract/Summary:PDF Full Text Request
After the global environment conservation organization WWF confirmedthe arctic holds the world’s biggest unexploited rich resources, polarregions are increasingly received international attention. Most of thenorthwest passage segment is in the Canadian arctic islands waters, buton the nature of the northwest passage in the arctic islands waters undera clear judgment is difficult from the strict analysis of theinternational law.The United States has always insisted on ocean policy is sea liberaltradition, claiming international freedom of navigation channel. Thenorthwest passage transit passage system should apply as an internationalchannel. But1982United Nations convention on the law about theprovisions of the "frozen zone" give the jurisdiction of the part of theCanadian environmental protection authority, and Canada actually controltraffic of the northwest passage. The Canadian government is givenpriority to with the theory of linear baseline, auxiliary power "historic"theory,advocating the legal status of the northwest passage in the arcticislands waters for the internal waters of Canada. Because in the inlandwaters is a part of coastal states, coastal states enjoy internal watersovereignty. Although Canada to a certain extent, look for to the legalbasis to support its internal waters claims, Canada will unilateral arcticislands waters as the internal resistance is very large. The biggestchallenge is large maritime rights and interests such as the United States,and large sea power such as the protests with every step of thedevelopment of the Canadian sovereignty. Both sides argued with mutualconcessions.Under this situation to solve the problem of northwest passage in the arctic islands waters, the legal nature of make a clearjudgment is impractical, and more impossible completely deprived ofCanada’s control of the northwest passage. More attention should be paidto Canada permissions for channel management.When it comes to the legal status of the arctic islands waters, weneed to keep cautious attitude because it has something about nationalsovereignty, so the status quo of the solution is more feasible. Put onhold the issue of sovereignty, then, later the great mature legalenvironment to determine again. When it comes shipping interests andresources development, The two sides can cooperate widely.
Keywords/Search Tags:northwest passage, in the inland waters, internationalchannel
PDF Full Text Request
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