Research On The Legal System Of Navigation Security In Arctic Waters

With the global warming,the Arctic ice melting,makes the large-scale development and utilization of the Arctic route possible.In 2013,our country cargo ship “Yongsheng”set sail from the port of Taicang,went through the Northeast passage,finally arrived at Holland port of Amsterdam.It marks that the Arctic shipping have been evaluated from the stage of the theory of macro strategy up to the stage of the commercial value of the use.It has an important significance in the history of world shipping.However,the harsh climate and the fragile environment of the polar regions have put forward higher requirements for the management of the nearly empty ships.The “International Rules for the Operation of the Ship in Polar Waters”(“Polar Code”)issued by the International Maritime Organization was formally implemented on January 1,2017.The “Polar Code”integrates the “Convention on the Safety of Life at Sea”(SOLAS Convention)and the “International Convention for the Prevention of Pollution from Ships“(MARPOL Convention)in various aspects about the Arctic navigation security and pollution prevention laws and regulations,and forms a mandatory international legal regulation for the sailing of ships in polar waters.The aim is to present a binding international framework for the safe operation of ships and for the protection of the Arctic environment.China is a near Arctic country,a member of the International Maritime Organization and a permanent observer of the Arctic Council.Participating in the Arctic navigation and Arctic development actively has an important strategic significance for china.After Arctic route opened,from China to Europe and North America,the trade efficiency of maritime cargo trade will be greatly improved compared with the traditional route.However,the special environment of Arctic waters has made higher demands on the design and construction,management,training and management of Arctic navigation ships.Therefore,it is necessary to study the mandatory requirements of the polar rules for the navigation security in polar waters,to analysis the opportunities and challenges brought to China,and to put forward the Countermeasures of our country.This paper is divided into four chapters.The first chapter introduces the research methods and research status of the domestic and foreign scholars and research institutions on Arctic navigation safety problems,and summarizes domestic and international research background about the polar navigation safety issues.Through analysis,it is found that theforeign and domestic research mainly focus on the commercial value and legal status of the Arctic channel,but are lack of systematic research on the “Polar Code”.It is the starting point of this article.In the second chapter,the laws and regulations in the Arctic and regional agreements before the “Polar Code” promulgated,are introduced at first,and then describes the development course and the significance of background of the “Polar Code”,and pointed out that the“Polar Code” belongs to the technical regulations,it is a kind of technical regulations about the navigation security and pollution prevention of ships in polar waters.In the third chapter,the specific content of the “Polar Code” is described,and the provisions of the requirements of polar navigation security and specific provisions in the “Polar Code”are also analyzed in detail.In the fourth chapter,the opportunities and challenges brought to China by the “Polar Code” are described,and some positive measures are put forward by our country.The measures include participating in the related international Arctic maritime legislation actively,improving the design and construction technology of Arctic ships under the guidance of the “Polar Ship Guide” issued by CCS according to the “Polar Code”,consummating of crew training and qualification certificate management mechanism,and determining the macro strategy of China 's polar navigation ship management.