Analysis Of The Legal Nature Of The Arctic Economic Council And China's Participation Path

The current international environment and domestic environment both show a close attention to the Arctic governance issues.In order to ensure that the Arctic governance process pays special attention to the business field,the Arctic Council has derived the Arctic Economic Council as a "basic forum" to focus on and promote the Arctic region's economy.Its mechanism rules are gradually being explored and formed.It is a practical case of a new form of international cooperation organization and a typical representative of the soft law governance mechanism.It is also a strategic opportunity for China to participate in the Arctic governance.However,the international legal position of the Arctic Economic Council's "Basic Forum" is unclear.To clarify ideas for China's participation in Arctic governance through the Arctic Economic Council platform,it is necessary to clarify the current legal nature of the Arctic Economic Council and the organization 's operating practices,mechanism rules and the participatory path behind it.Through the methods of normative research,theoretical analysis,and value analysis,combined with consulting official websites and studying academic monographs,papers,etc.,it can be understood that the definition of international organizations in the traditional sense needs to consider the essential elements and fundamental attributes of international organizations,and in case analysis considering its operation practice because it can proves its own nature positioning.That is to say,traditionally,international organizations need to be established on the basis of treaties,with sovereign states as their fixed members,with competent institutions and independent personalities.The fundamental attribute of international organizations lies in the institutional arrangements for multilateral cooperation among countries.In practice,the emergence of the organization's power to formulate legally binding rules is regarded as an important proof of its legal nature.To clarify the legal nature of the Arctic Economic Council,it is necessary to proceed from the traditional definition and compare each element one by one to examine whether it is an international organization in the traditional sense.Judging from the current development status,the basic legal documents established by the Arctic Economic Council are "soft law" and lack the hard-law binding force required by traditional international organizations;the scope of membership is still limited,and the substance of voting rights is substantial restricted the eligibility rights of countries and entities outside the region;the operating mechanism is complete,and has formed a three-point structure of power,enforcement,and permanent executive organs;there are still legal independence restrictions,and it is still dominated by the Arctic Council.In combination with practice,the Arctic Economic Council has produced internal and external rules in actual operation,but external rules are mostly of a "soft law" nature.The Economic Council does not currently have the ability to formulate binding external rules.Although documents such as AEC Working Group Report and Arctic Business Analysis have been issued,the document does not have a mandatory obligation and is only of a recommended nature.In this way,the Arctic Economic Council is not an international organization in the traditional sense.It is similar to and different from the international organization in the traditional sense.Although it has made breakthroughs in traditional standards,it has not fundamentally deviated from the attributes of international organizations.The emergence of the Arctic Economic Council is not alone.With the rise of soft law governance in the world today and the diversification of international cooperation organizations,more and more new types of organizational entities that do not meet the requirements defined by traditional international organizations appear in the international community and play a important role,the research object and scope of the international organization law urgently need to be expanded.To study and comb the nature of the Arctic Economic Council,and to study and analyze it in conjunction with the relevant theories of international organization law,this example can be used to explore and update the relevant theories of international organizations.Through the aforementioned case study of the Arctic Economic Council,combined with the theory of international organization law,it can be considered that those organizational forms who meet the basic attributes of international organizations and have the necessary elements of international organizations to a certain extent,are stable in the international community in the form of inter-national forums and other forms are"quasi-international organizations" and are included in the scope of international organizational law.Therefore,the Arctic Economic Council can be defined as a"quasi-international organization" that is forum-oriented,closed,and specialized.The quasi-international organizations have the characteristics of openness,flexibility,equality,etc.,and the scope of their role in the Arctic is more extensive.Clarified the legal nature of the Arctic Economic Council and its related legal issues can facilitate the implementation of our Arctic policy through this platform.The regional consultation governance mechanism is currently the most effective and practical governance method under the Arctic governance issue.Combining the core concerns of the Arctic waterway,non-living resources and tourism resources in our country's policy priorities,we can participate in the work of the working group and encourage relevant organizations to apply membership and promotion of business cooperation,etc.,actively dialogue with Arctic countries in the role of expert talent importers and public product providers,and use the Arctic Economic Council as a platform to play a role in Arctic affairs,so as to protect national interests and help the combination of beneficial Arctic governance contributes to the "good governance" of the Arctic.