| Once the Arctic was just a corner of the world map,as if on the edge of the world.But in recent decades,the melting of Arctic ice is accelerating due to global warming,and sea ice coverage has repeatedly reached new lows.The navigation of Arctic waterway becomes possible.The great value brought about by navigation attracts the attention of many countries,and makes the controversy of Arctic waterway become more and more serious.At present,there are still large problems in Arctic legal rules,which can’t solve the disputes between countries.The most important dispute is the legal status.With the increasing concern,these disputes are becoming more and more serious,so it is necessary to reform the rules of law of Arctic waterway.China is a great shipping country.The utilization of Arctic waterway not only bring great economic value to our country,but also alleviate China’s excessive dependence on the Malacca Strait.Based on this,when the legal rules of Arctic waterway is changing,China must participate in it effectively,protect our country’s Arctic navigation rights and interests,and promote the establishment of fair and reasonable Arctic order.Excluding the introduction and conclusion,the main content of this article is as follows:The first part:this paper first introduces the basic situation of the Arctic waterway,then puts forward the inescapable dispute of studying the Arctic waterway is the dispute of legal status,and then analyzes the legal rules of the Arctic waterway which are fragmented,soft law prominent,conflict and so on.The second part:Are the Arctic routes passing through the strait as international straits?Are the Arctic routes passing through the waters as historic waters?Is linear baseline method applied?The answers to these questions affect the use of the Arctic waterway.Therefore,under the legal framework of the United Nations Convention on the Law of the Sea,this part analyzes the effects of the international legal rules applicable to the Arctic waterway,and further clarifies the legal status of the Arctic waterway.For our country Arctic navigation rights and interests claims to do a good job.The third part:China not only pays attention to the dynamics of the Arctic waterway,but also hopes to participate effectively in the affairs of the Arctic waterway.However,because of the influence of geopolitics,identity barriers and the "China threat" theory,it is difficult for China to participate in it.Therefore,the legitimacy and rationality of China’s participation should be demonstrated on the basis of international law.The fourth part:the reform of the legal rules of the Arctic waterway is irresistible.The changes in the rules will focus more on the field of "low politics",and the tendency of the rules change from soft law to hard law.If China wants to participate effectively in the affairs of the Arctic waterway,it must attach importance to these changes.At the same time,we should take the opportunity of "building the Silk Road on Ice together",and use the platforms of regional or global organizations to dialogue and cooperate with all stakeholders,in order to promote the relaxation of the Arctic dispute and the realization of the rights and interests of China’s Arctic waterway. |
