The Legal Status Of The Northwest Passage In The International Law

The Northwest Passage is located in the Arctic Archipelago of Canada.During the last half century,various jurists from different countries argued the dispute about the international legal statues of the Northwest Passage.In order to claim the right of the transit passage,they tried to prove the Northwest Passage is an international navigation strait.Since 1970s,Canada began to enhance their security and protect the environment in the area of the Northwest Passage.It claimed the water of its Arctic Archipelago is their internal water and denied the Northwest Passage is for international used.Therefore,the main disputes between the Canada and other countries can be concluded in three aspects.First,whether Northwest Passage is an international navigational strait?Second,whether the water of its Arctic Archipelago consist the internal water of Canada?Third,whether Canada's domestic law concerning the Northwest Passage violates the international law?Due to the growth of global trade,the Northwest Passage,as a channel connecting the Atlantic and Pacific Oceans,has once again returned to the view of the international community,which has aroused a high attention.This article analyzes the international legal status of the Northwest Passage and how China will use and develop it in the future.The first part introduces the special geography environment of the Northwest Passage.In this circumstance,mainly illustrates asserts concerning the legal status of the Northwest Passage from Canada Government since last 70s and the reflection of the US and other Arctic countries which further cause the disputes of the Northwest Passage.The second part analyzes whether the Northwest Passage is a strait for international navigation used.This part tries to find the definition of the international strait from the process of the legislation and the I.C.J.judgments.At last give the conclusion that the Northwest Passage is an international navigation strait which satisfies the criteria in the 1949 Corfu Channel Case.The third part discusses whether the water of its Arctic Archipelago consist the internal water?Canada claimed two legal bases to support its internal water:a historic title and straight baseline.Therefore,this part illustrates Canada does not satisfy the elements of above two condition.The fourth part indicates whether Canada's domestic law violate the international law and mainly discuss the relationship between Article 234 of the UNCLOS and their domestic law.In this part,it illustrates from three aspects,the international legal basis of their domestic law;whether their domestic law violates the transit passage right and applicability of Article 234 of UNCLOS in the future.At last give a conclusion that the domestic law of Canada violates the international law.The last part discusses how China develop and use the Northwest Passage under the circumstance of legal status disputes in the future.In this part indicates the difficulties China will face to and the basic principle for China to comply with when building the Polar Silk Road with Canada and at last give some suggestions.