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Research On Soft Law Path Of Arctic Environmental Governance

Posted on:2020-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:C E FanFull Text:PDF
GTID:2416330572478250Subject:Law
Abstract/Summary:PDF Full Text Request
The dispute over the sovereign rights of the Arctic is currently the focus of the international community on the Arctic issue.Many Arctic international conventions are centered on sovereign rights.However,in recent years,with the trend of environmental degradation such as global warming and man-made pollution,the Arctic environmental problems have had a great negative impact on global environmental and residents' production and life.The eyes of the international community have begun to focus on non-sovereignty rights area such as Arctic environmental governance.The current international hard law norms have formulated some convention treaty systems for Arctic climate change,marine pollution control,and biodiversity conservation.However,there are many limitations in summarizing the current hard law normative content and formulation process,and in the current practice,the international hard law norms are indeed difficult to solve the current state of the Arctic environment.From the perspective of international soft law,although the soft law model lacks mandatory legal binding,it has the natural advantages of flexibility,pluralism and openness,which can make up for the shortcomings of international hard law in dealing with the Arctic issue.Therefore,exploring the possibility of applying international soft law and finding the most suitable combination path between international soft law and international hard law in Arctic environmental governance is an important issue for the future creation of the Arctic environmental protection system.The main content of this paper is that the first part to summarize the current situation and adverse effects of Arctic environmental problems,summarizes the existing international conventions and international treaties on Arctic environmental protection,and on this basis,analyzes the current international requirements in combination with the requirements of Arctic environmental governance to conclude the limitations of hard law in normative governance.The second part is aimed at the relevant content of international soft law.Firstly,it sorts out the relevant theoretical research of international soft law,summarizes the characteristics and advantages of international soft law in practice,and then summarizes the past softness of Arctic field through AEPS and Arctic Council and Copenhagen Agreement.,and then explore the applicable path of the soft law model in the Arctic environmental governance.Finally,the international soft law also has its inherent drawbacks.This paper also makes a corresponding analysis of the limitations of the soft law.The third part focuses on China's countermeasures to participate in Arctic environmental governance.Firstly,it analyzes the significance and necessity of China's participation in Arctic environmental governance.Then it sorts out the Arctic environmental protection strategies of the Arctic countries such as the United States,Canada,and Russia,and finally draws on the strategic measures of the Arctic powers and combines them.From the perspective of soft law governance,China's countermeasures for participating in Arctic environmental governance are proposed.
Keywords/Search Tags:Soft law, Arctic environmental governance, Hard law specification
PDF Full Text Request
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