The Legal Issues Of Environmental Protection For Arctic Passage

As the climate warms up and ice melts, the Arctic passage was created to satisfy the demand of the development of global economy. The new Arctic passage not only helps to reduce the growing congestion in Malacca Straits and Suez Canal area, shorten the time and bunker consumption of sailing around the world, but also contributes to the protection of vessel from the threat of rampant piracy in Somalia. The Arctic passage, however, brings a series of environmental problems at the same time. The environmental pollution of Arctic passage not only threatens the survival of the Arctic flora and fauna within the area, but also post negative impact on the global ecological system that should not be neglected.With an aim to better protect the environmental of Arctic passage, as well as the human common heritage, this paper is going to make a deep research on the legal issues regarding the environmental protection of the Arctic passage so that to achieve the overall improvement of the international arctic marine environmental by using the analogy analysis.This paper, in addition to the introduction and conclusion at the beginning and end respectively, is basically divided into four parts.The first chapter starts with the general introduction of the geographical position of the northeast passage and the northwest passage and its current situations respectively, followed by the briefing statement of the environmental condition of the Arctic passage and the analysis of the situation of pollution. This chapter will then end by pointing out the potential risk of polluting the marine environment with the opening of the Arctic passage.The second chapter gives the reader a general overview of the environmental protection laws of Arctic passage by comparing and classifying the exiting environmental protection and treaties. In addition to the international treaties, there are environmental protection conventions made by arctic counties and international organizations. Russia and Canada arctic environmental protection, and the European Union and Arctic Council’s of policies for example. The existing legislation defects are put forward.The third chapter set forth several suggestions for the Arctic passage environmental protection, according to the present legislation in chapter two. demonstrating that the Arctic Council should be the right institution to enact soft laws and regulations to help protect environment. Meanwhile, eco-fund should be adopted as the environmental protection funds mechanism so that the legal system of environmental protection of the Arctic passage would be consummated.The forth chapter strongly urges China to participate in environmental protection. First, the author analyzes the basis of participating in the Arctic passage environmental protection. Then the author suggests Chinese government to establish the concept of environmental protection and to formulate the corresponding law. Finally, Chinese government should take actions to strengthen international cooperation of Arctic passage environmental protection due to its significance and necessity.