A Study On The Legal Issues Of Arctic Passage Shipping Governance Under The Framework Of The United Nations Convention On The Law Of The Sea

Climate change has fundamentally changed the environmental background of the Arctic,and the ice of the Arctic has receded at an alarming rate,causing an increase in navigation into the area.Climate change is melting sea ice and bringing new economic opportunities,especially the upcoming Arctic passages.But in the waters of contemporary Arctic passages,there are many specific problems,such as who has jurisdiction over navigation within the channel? Canada and Russia claim that the Arctic waters are part of their historic internal waters,so Canadian and Russian domestic laws can be applied in the Arctic passages,which refute the notion that the Arctic passage is an international channel and can be used for harmless passage.There are two criteria for judging the international strait: the geographical connection between the two parts of the high seas and the use of international navigation.The Arctic Channel is fully compliant with the two standards of the International Straits.In addition,coastal States have no right to prohibit the innocent passage of the international straits in peacetime.This is in combination with the 1982 Convention and customary international law,and article 234 of the Convention “Arctic Exceptions” allows coastal States to exercise jurisdiction over issues related to marine pollution in the Arctic waters,with due regard for navigation,but In practice,the countries bordering the Arctic claim to have full jurisdiction over the Arctic passage in accordance with this provision,strictly restricting the navigation of foreign vessels in the Arctic waters.The Arctic Council has always been a group of Arctic countries that set out a “soft law” to address environmental issues,but it remains silent on the most pressing challenges facing the region,in which the Convention may be the implementation of Arctic passage shipping Important tool.The first problem facing in the navigation of the Arctic passage is the status of the international law in the waters of the Arctic passage.This paper considers the legal status of the Arctic passage in the international law.It must follow the history and be determined under the framework of the Convention.From an angle perspective,the Arctic passage should be characterized as an international strait in international law.The Convention has established general international rules on the right to maritime navigation in different waters,the international strait transit system,and the rights and duties of flag States,coastal States and port-monitoring States.Still,there are three issues to be aware of.First,climate change will accelerate the international navigation of the Arctic passage and break any resistance to “navigation”.This resistance is part of the SAR special law system.Article 234 of the Convention provides for the “Arctic Exception” clause.The jurisdiction of the Arctic passage determined by the State under this clause also needs to be re-examined;second,the provisions of the Convention are comprehensive,and the implementation of its system requires the implementation of the International Maritime Convention and the operational domestic law of the coastal State;The development of the Arctic passage will bring great benefits to the world economy,but the environmental and ecological disasters brought about by development will bring huge social costs to future generations.Therefore,environmental protection has become a human-constrained restriction on the use of the Arctic passage.