| Global warming has extended the ice-free period of the Arctic Ocean sea ice,and there is huge potential for navigation in the Arctic waterway.Therefore,the right of passage of the Arctic waterway has become another resource for disputes in various countries.At present,the biggest problem in the Arctic is that the legal status of the waterway has been pending and there is no final conclusion.Russia and Canada have opposed the idea that the northeast waterway and the northwest waterway are "inner water" and the US "international strait".The domestic law of Canada and Russia and the United Nations Convention on the Law of the Sea and the International Guidelines for the Navigation of Ships in Polar Waters are contradictory to the regulation of the Arctic waters in terms of preventing environmental pollution and the right of passage.This makes the disputes in the Arctic waterway more prominent.The status of the Arctic waterway directly determines the ownership of various interests such as right of way and marine resources between the Arctic countries and non-Arctic countries.Therefore,the solution to the legal status of the Arctic waterway is imminent.The main body of this thesis consists of four parts.The first part discusses the significance of the navigation channel to different countries from the two aspects of economic value and national defense value,and reveals the induced factors of waterway disputes.The second part mainly talks about the existing provisions of the United Nations Convention on the Law of the Sea and the International Guidelines for the Navigation of Ships in Polar Waters,and analyzes its shortcomings and explains the root causesof waterway disputes.The third part is about the claims and basis held by countries in various disputes over the Arctic waterway,and analyzes whether their claims are reasonable and legal.The fourth part focuses on the current academic solutions to the legal status disputes of the Arctic waterway and presents its own opinions. |
PDF Full Text Request