| The Arctic has tremendous potential value in natural resources,passages and so on.There are such abundant natural resources as oil,gas,minerals,and wind energy in the Arctic.Also Arctic Passage which is connected with Northeast Asia,Northern Europe and North America causes the attention of international community.Europeans explored new passages to the east for several centuries,and thus brought Arctic Passage.It is getting warmer and warmer these years,and the ice in the Arctic Ocean accelerates melt.Arctic Passage is becoming the new convenient and fast passage in the world sea trade with the progress of modern navigation technology and the increase of passage and commercial development of Arctic Passage.It also helps the utilization and development of the resources in the Arctic.The Arctic countries begin to establish the Arctic strategy and related laws and regulations since Arctic Passage has important shipping,economy and strategy value.Arctic Passage navigation faces with unknown risks because of the severe weather and hydrological environment in the Arctic.To guarantee the safety of Arctic Passage navigation and protect the environment,the coastal countries such Canada and Russia make a series of laws and regulations of shipping control of Arctic Passage based of Art.234(Frozen area clause)of UNCLOS.But the severe control towards the passing vessels suffers critics of international community.IMO enacted Polar Code which is the first compulsory binding law in November,2014.Concerned with the issue of shipping control of Arctic Passage,the conflicts and coordination among the domestic laws of the coastal countries,UNCLOS and Polar Code deserve the analysis.The essay puts emphasis on the following issues: Why the shipping governance of Arctic Passage arise? What's the legal basis and regime of shipping governance of the Arctic Passage coastal states? Is it in conflict with International Law and what about the potency? On the basis of the above research,the essay will make prospective analysis on the Arctic Shipping legal order,and offer specific suggestions under International Law for China's participation in its governance.The essay contains the following four parts: The first chapter introduces the basic content and issues of shipping governance of Arctic Passage.Firstly,it introduces the exploration history,location,tendency,hydro meteorology of Arctic Passage and the current navigation between the Northwest Passage and Northeast Passage.Secondly,it reveals the navigation value of Arctic Passage and finds the reason for appearance of numerous explorers for hundreds of years.With the rising temperature of the global climate and the acceleration melting of glaciers,it will come true that Arctic Passage is open to navigation,which will affect a lot to all countries and the world.Arctic Passage has huge economic value and strategic value in optimizing the world shipping,balancing the resource utilization and expanding the military strategic space.Thirdly,it raises two core legal issues.Is the Canada's and Russia's basis of shipping governance of Arctic Passage lawful? And do their current regimes harmonize international convention.Canada and Russia declare the internal waters sovereignty of the channel through the domestic law,and manage the channel navigation,which are against by the international society.The second chapter analyzes Canada's and Russia's shipping governance of Northwest Passage and Northern Sea Route.Trans-Polar Passage of Arctic Passage locates the heartland of the Arctic Ocean which is far away the coastal states and won't raise the sovereignty disputes.Here research on the Northwest Passage locating in Canada Arctic archipelagic waters and Northern Sea Route locating in Russia along the Arctic Ocean instead of Trans-Polar Passage.Analyze the legal basis of the Canada's and Russia's shipping governance on the standard of straight baseline and Straits Used for International Navigation which is determined by Corful Channel Case and nglo-Norwegian Fisheries.It concludes that Arctic Passage is not historic waters but International Straits which solves the above question.It indicates the policy tendency on opening Northern Sea Route to the international shipping circles after the research on the two countries' laws and regulations and new policy on the navigation of Arctic Passage,and Russia changed the Compulsory Pilotage Regime to licensing system on icebreakers which becomes possible that foreign vessels sail independently.The third chapter analyzes the legal regimes regarding shipping control of Arctic Passage in Canada and Russia in the perspective of International Law.Through comparative method in analysis,the two countries' cognition in politics and military security of shipping control of Arctic Passage are different.Also it helps to the better analysis of the conflicts and law effect when compared with International Law.On the one hand,it finds that the domestic laws of the two countries beyond UNCLOS Art.234 which extend the application to not only EEZ,but also territorial waters and internal waters.It collides with UNCLOS which allows the foreign vessels to enjoy the right of innocent passage through territorial waters of the coastal countries.Canada and Russia exclude the immunity of the foreign government vessels which violates state sovereign immunity in UNCLOS.In addition,the mandatory charge for passing vessels in Arctic Passage violates the application and object in UNCLOS.The conflict leads to the invalidity according to the principle of reservation of treaty and pact sunt servand in Vienna Convention on the Law of Treaty.On the other hand,it analyzes the coordination of legal regimes regarding shipping control of Arctic Passage and international maritime conventions.Especially Polar Code went into effect on 1st January,2017 which will lead to a complete and unified legal regimes regarding shipping control of Arctic Passage.And Canada and Russia take steps to adjust the domestic laws to avoid the conflicts.The fourth chapter makes a prospective study on the law order of Arctic Passage navigation.It concludes that the issue of Arctic Passage's legal status will exist for a long time,and Polar Code will compulsorily bind Arctic Passage navigation.In addition,the pollution in The Arctic will become the key issue in the world.Arctic Passage is important to China in strategy.Our country has the related interest in the international Governance of Arctic Passage.We should respect the state sovereignty of the coastal countries first,and engage its international Governance in the field of low politics.Meanwhile we should enhance international cooperation with the Arctic countries,establish the safeguard funds regime of insurance and fund and take an active part in the international Governance which is significant for opening our sea trade routes and protecting our legitimate interest in the Arctic. |
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