Studies On Fundamental Legal Problems Of The UNCLOS Appling In Arctic

In recent years,the battle in Arctic among states all over the world has become even more violent.Behind states competing in Arctic,there are significant value of resources,transportation and military.Different from Antarctica,the existence of eight circum-arctic states determined the particularity of the arctic issues:circum-arctic states will spare no effort to maintain and even expand their sovereignty and sovereign rights in arctic and prevent them from being shared or weakened.Therefore,the arctic region has also failed to form any international treaty similar to "Antarctica Treaty" so as to clarify the legal status of Arctic.But international disputes will never stop because of the lack of the international law.From the territorial dispute of Hans Island to the dispute of delimitation of continental shelf,and to the dispute of development in high seas and channel ownership,Each state has competing for Arctic in existing international legal framework." United Nations Convention on the Law of the Sea "(the UNCLOS)in 1982,as an "ocean charter" containing all marine affairs,its universal applicability provided a platform for solve disputes in arctic.Under the convention,not only surround-Arctic states claim their exclusive sovereignty and sovereign rights,but also geographically disadvantaged states claim their due rights according to the UNCLOS,thus increased the complexity of the Arctic geopolitical relations.In view of the existing multilateral legal documents of the arctic and the practice of national sovereignty in Arctic,under the principle of "common heritage of mankind",there is a need to clarify the surround-Arctic states' rights and obligations under the UNCLOS,and the relationship between them and the geographical disadvantage states,.China as a "Near-Arctic" state,adopting a strategy of "international cooperation and peaceful development".How to make better use of the principle of" common heritage of mankind " under UNCLOS to claim rights and interests in Arctic,and how to use political diplomatic channels to increase his voice in Arctic affairs,have become a priority when China make strategic choices in Arctic.The thesis is divided into six sections.The other four sections will discuss the topic except the first section "Introduction" and the last section "Conclusion".The second section will introduce the geographical features and rich strategic value of Arctic,which is the background of the studies.Then elaborate the basic legal issues of Arctic,including sector principle,preempt principle and international legal texts in Arctic.At last,demonstrate through empirical method that the United Nations Convention on the Law of the Sea(the UNCLOS)has became the current main legal basis of arctic issues.The third section will first elaborate that Arctic is particular and different from Antarctic,thus deny the possibility of applying the mode of "Antarctic Treaty" to deal with arctic issues.Then elaborate the universal applicability of the UNCLOS,the the compatibility with other international treaties to demonstrate the UNCLOS should become the core legal basis in the arctic affairs.The fourth section will be based on the key role of the UNCLOS,firstly introduce the various rights claimed by circum-arctic states and geographically disadvantaged states.Then according to the specific provisions of the UNCLOS,the author will analyze the legitimacy and rationality of these claims,focus on rights and interests of circum-arctic states and geographically disadvantage states,especially their shifting relationship.The fifth part will be based on the regulations of the UNCLOS and return to China,which is the most representative of developing countries and non-arctic countries,then borrowing ideas from other states and considering China's national conditions,summarizes the route choice of China's future arctic strategy.