Research On The Legal Issues Of Marine Environmental Protection In The Arctic Passage

With global warming and the melting of Arctic glaciers,the possibility of commercial navigation in the Arctic passage has greatly increased.The ecological environment of the Arctic Ocean is fragile,coupled with unique geographical features,if ships illegally discharge pollutants or collide during navigation,the marine environment of the Arctic passage is extremely vulnerable to pollution.Should the protection of the marine environment of the Arctic passage be based on the domestic laws and regulations of coastal states or relevant international rules? Obviously,different answers to the legal status of the Arctic shipping routes will yield different answers.However,the legal status of the Arctic passage has been under dispute.Russia and Canada claim sovereignty over the Arctic passage,while the United States and Europe claim that the Arctic passage is an international strait.Article 234 of the1982 United Nations Convention on the Law of the Sea(“Ice Covered Areas”)explicitly empowers coastal states to formulate domestic laws and regulations higher than international standards to protect the marine environment in ice covered areas.Russia and Canada have formulated strict domestic laws and regulations in accordance with this clause.This paper analyzes the claims of Russia and Canada to the Arctic passage and the claims of the United States and Europe on the international passage.According to the international strait judgment standard determined in the "Corfu Strait Case",this paper believes that the claim that the Arctic passage is an international passage is legitimate and reasonable.Therefore,the marine environmental protection of the Arctic passages cannot only be based on the domestic laws and regulations of the relevant coastal countries,but also needs to consider the relevant international laws and regulations.By analyzing the international rules on marine environmental protection in the Arctic passage,such as Article 234 of the United Nations Convention on the Law of the Sea,the relevant rules formulated by the International Maritime Organization and the Arctic Council applicable to the protection of the Arctic marine environment,this paper believes that the above rules are in the protection of the Arctic passage.There are advantages and disadvantages in the marine environment: the advantage is that it protects the marine environment of the Arctic passage to a certain extent,and it has a certain forward-looking;the disadvantage is that the relevant regulations lack uniformity and low enforceability,which greatly reduces the protection effect.By analyzing the relevant domestic laws and regulations formulated by the countries along the Arctic passage,this paper argues that these domestic rules have the problem of over-interpreting the provisions of the ice-covered area,which to a certain extent hinders other countries from exercising the right of passage in the Arctic passage.In order to ensure the normal exercise of the right of passage in the Arctic passage,while effectively protecting the fragile ecological environment of the Arctic passage,this paper puts forward suggestions from two levels: the international level and the coastal state.First,the international level should focus on improving relevant international rules and strengthening relevant The enforceability of the rules;second,the countries along the Arctic passage should properly and correctly apply the provisions on ice-covered areas to balance the relationship between the right of passage and marine environmental protection.The rest of the article puts forward suggestions for China to participate in the marine environmental governance of the Arctic passage: first,to actively participate in the formulation of laws related to the marine environmental protection of the Arctic passage,and to make a Chinese voice;Jointly develop and construct the Arctic passage on the basis of respecting their legitimate sovereignty demands.