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On The Transformation Of The Legal Nature Of The Arctic Council And China's Response

Posted on:2020-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:P LiuFull Text:PDF
GTID:2416330572969816Subject:legal
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With the warming of the climate and the rapid melting of sea ice,the Arctic region is increasingly becoming the focus of the rights of the Arctic countries and the major countries in the world.Such an Arctic necessarily requires an effective management mechanism to balance the interests of all parties.Today,the international legal order in the Arctic region has not yet taken shape,and the important position of the Arctic Council system in the Arctic governance cannot be ignored.The Arctic Council's traditional position in international law is an intergovernmental high-level forum.However,the legal nature of the Arctic Council has changed under the influence of changes in the ecological environment,the growing disputes in the Arctic and the expansion of Arctic Council issues.This paper mainly analyzes the two aspects of institutionalization and legalization according to the international organization law,and discusses the legal nature of the Arctic Council is transitioning to regional intergovernmental international organizations.In this regard,China should grasp the opportunity of the transformation of the legal nature of the Arctic Council,show its attitude and make recommendations to strive for greater rights and interests in the Arctic governance.The first part describes the legal nature of the Arctic Council before the transition.In the context of the Arctic Environmental Protection Strategy,the Arctic Council was established through the Ottawa Declaration.After the establishment of the Arctic Council has its own mode of operation,mainly including membership and operational mechanisms.As an important regional mechanism arrangement in the Arctic,the Arctic Council was given the legal nature of the Intergovernmental High-Level Forum and was clearly distinguished from the general international organizations.The second part explains the reasons for the transformation of the Arctic Council.With global warming and rapid melting of Arctic sea ice,energy mining and navigation in the Arctic have become possible.The competition of countries for the Arctic rights has entered a stage of arduousness,and the topical field of the Arctic Council has shown an overflow trend.The original legal nature of the positioning is no longer applicable to the existing development of the Arctic Council,and the legal nature of the Arctic Council is gradually beginning to transform.The third part describes the trend of the legal nature transformation of the Arctic Council.This part first returns to the most basic theoretical part of international organization law,and provides a basic overview of the characteristics of regional intergovernmental international organizations.Secondly,after more than 20 years of development,the Arctic Council has been characterized by "mechanization" and"legalization".Thirdly,comparing the characteristics of the Arctic Council's existing development process with the characteristics of regional intergovernmental international organizations,it demonstrates that the Arctic Council has undergone a transition from an intergovernmental high-level forum to a regional intergovernmental international organization trend.The fourth part describes the Chinese response to the transformation of the Arctic Council's legal nature.The Arctic Council is in an important period of reform.The analysis of the characteristics of the transformation of its legal nature shows that the transformation of the Arctic Council is more beneficial to China's participation in the Arctic affairs.China should respond to the transformation of the legal nature of the Arctic Council.A recognized attitude.According to the foregoing,the transformation of the legal nature of the Arctic Council has become inevitable but not yet completed,so the recommendations made by China in the process of its legal nature transformation have become the focus of this part of the study.
Keywords/Search Tags:The Arctic Council, Legal Nature, Intergovernmental High-Level Forum, Regional Intergovernmental International Organization
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