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A Study On International Legal Issues Of Non-Traditional Security In Arctic Region

Posted on:2020-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:X Y YuFull Text:PDF
GTID:2416330590476700Subject:International Law
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Global warming has led to the melting of Arctic ice and snow,leading to a new climax in Arctic shipping and resource development.But the Arctic,as a special geographical area,can have irreversible consequences for the very regional environment with a slight carelessness in human activities.Therefore,it is of great relevance to discuss security issues in the Arctic.The first chapter of this paper expounds the concept of non-traditional security and the nontraditional security problems in the Arctic,respectively,from the concept of security,the difference between traditional security and non-traditional security,as well as the main nontraditional security problems faced by the Arctic region at this stage.The security problem is divided into two categories,traditional security and non-traditional security.Traditional security generally refers to the political security and military security of the country,which is closely linked with the sovereign interests of the State.Non-traditional security is an extension of national security on the basis of traditional security issues,including emerging security issues such as environmental security,social security and maritime security.Non-traditional security issues in the Arctic are concentrated in the areas of environment,society and maritime security.In the aspect of environmental safety,the main performance is the protection of Arctic ecological environment,in the aspect of social security is mainly manifested as the guarantee of the rights of the Arctic Indigenous people,in the aspect of maritime safety is mainly manifested in the navigation protection of the Arctic region.The second chapter specifically expounds the environmental security protection in the Arctic region.The field of Arctic environmental protection is the most closely cooperated in various countries,and the earliest and richest areas of legal system construction.At the global level,the Arctic environment is protected by international legal documents such as the United Nations Convention on the Law of the Sea,United Nations Framework Convention on Climate Change,Convention on the Prevention of Marine Pollution from Dumping of Wastes and Other Matter,Convention on Fishing and Conservation of the Living Resources of the High Seas,and Cartagena protocol on Biosafety.However,with the continuous changes in the Arctic environment and the international situation,new and pending environmental protection issues are emerging,particularly with regard to the development of marine resources and the impact of maritime navigation on the maritime environment,although international rules such as the International Convention for the Prevention of Pollution from Ships,the International Code for Ships Operating in Polar Waters(Polar Code),are now available.However,in the construction of environmental dispute resolution system,it is still necessary to keep pace with the times and upgrade the system.The third chapter introduces the navigation safety system in the Arctic region.Ships in the Arctic will encounter a number of security problems,such as polar storms,ice barriers,special magnetic field conditions interfere with navigation system,extreme cold areas to increase the difficulty of shipwreck relief,the Arctic coastal port facilities backward cannot provide a good ice-breaking pilotage,supply,navigation services.There are still gaps in the establishment of technical normative documents in the existing legal regime for navigation safety,and cooperation in search and rescue activities needs to be strengthened.In addition,the legal regime within the Arctic States also needs to strengthen legislation on the issue of Arctic navigation,while also paying attention to the institutional interface between domestic law and international treaties.The fourth chapter mainly introduces the protection of the rights of indigenous peoples in the Arctic region.At the domestic level,the domestic policy provisions of different countries in the Arctic region are mixed,the United States,Canada and Denmark have better protection systems for the rights and interests of indigenous peoples,but the protection of indigenous peoples in Russia needs to be improved with varying intensity;At the international level,the international community guarantees the rights of indigenous peoples,Mainly dependent on the efforts of the Arctic indigenous peoples ' organization in the international community,although a series of results have been achieved,there is still room for improvement.The six permanent participants in the Arctic Council are the main international organizations for the protection of indigenous peoples at this stage,not only at the international level to safeguard the inherent rights and interests of indigenous peoples,but also in promoting the protection of the rights of indigenous peoples within the Arctic countries.Overall,there is still room for improvement in the Arctic Aboriginal rights guarantee system.The fifth chapter expounds the influence of Arctic non-traditional security problems on China's national policy,and also presents suggestions for perfecting China's future Arctic policy.With the deepening of exchanges and cooperation between the international community in recent years,China is increasingly affected by international security risks.As a stakeholder in the Arctic,China's non-traditional security issues affect China's national interests.In the Arctic affairs participation,"Respect,cooperation,win-win,sustainable" is China's adherence to the basic principles,China in the Arctic affairs participation,will not be offside,nor will it be absent.China will participate in Arctic affairs in accordance with international law and will not intervene in matters that fall squarely within the Arctic countries and the Arctic region.But China should play an active role in the Arctic's cross-regional and global issues.Such as in the Arctic to solve non-traditional security problems,strengthen cooperation with the Arctic countries,participate in the construction of the relevant Arctic international legal system,especially in the Arctic economic activities of the institutional construction,which is also the practice of the basic principles of China's Arctic policy and the "Community of Human Destiny" theory of the inevitable requirements.
Keywords/Search Tags:Environmental Protection, Navigation Safety, Indigenous Peoples Security, Nontraditional Security, Arctic International Legal System
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