Study On The International Law Of Environmental Protection In The Waters Of The Arctic Shipping Lanes

With the development of industry and technology,the pace of global warming has gradually accelerated,which deeply impacts the very fragile Arctic region – snow and iceberg start to thaw,so that the sea levels start to rise.Melting sea ice deep in the Arctic Ocean has reduced seasonal restrictions on shipping passage through the Arctic,making it possible for large area access in the Arctic shipping routes.However,human’s exploitation of the Arctic resources and large-scale navigation of the Arctic shipping routes will greatly increase the risk of environmental pollution.Due to the special geographical location of the Arctic region,the self-cleaning ability of the sea water is much lower than that in other areas.Therefore,once a ship collision occurs in the Arctic region and comes to oil spills,even the discharge caused by basic shipping navigation would have an irreversible impact on the waters of the Arctic shipping routes.Nevertheless,the opening of the Arctic shipping routes is still necessary to relieve current heavy traffic pressure on traditional shipping routes.Taking the recent“Suez Canal blockage” as an example,if the Arctic shipping routes are opened,the current situation of ocean transportation strain can be alleviated to a certain extent,and the loss experienced when other shipping routes are blocked can be reduced.In recent years,the international community has paid increasing attention to environmental protection in the Arctic shipping routes and waters.The environmental problems in the Arctic region are gradually changing from a regional protection issue to a global protection issue.The first part of the main text defines the scope of this article and analyzes the causes of environmental pollution in the Arctic shipping routes,as well as the difficulties in environmental protection.Besides,after reviewing the current international law framework of the Arctic shipping routes,this part analyzes the international law basis of China’s proposal of the Ice Silk Road and China’s participation in the environmental protection of the waters of the Arctic shipping routes.The second part of this article mainly analyzes the legal system of environmental protection in Arctic shipping routes,including special provisions of the United Nations Convention on the Law of the Sea regarding environmental protection in polar regions;legislation of international organizations,especially the Arctic Council and the International Maritime Organization,on the environment of Arctic shipping routes;and how the Arctic states exercise jurisdiction over shipping routes and modify their domestic legislation to enhance their relevant rights after the promulgation of international treaties.The third part of this article focuses on the environmental challenges the Arctic shipping routes face when they are effective.The use of Arctic shipping routes is bound to create legal dilemmas on the level of governance.At present,the hard law system is not perfect and the enforcement power is insufficient,while the governance mode of soft law lacks binding force.In addition,the fragmentation of regional legislation makes it difficult to protect the environment in the Arctic shipping routes.In terms of international cooperation,there are conflicts and difficulties in the implementation of environmental laws in the Arctic shipping routes.In order to protect their own rights and interests,the Arctic countries have enacted domestic laws that are higher than the standards of international law,and there are conflicts among various international treaties.It is difficult to use the conflict norms and international treaties to solve conflicts.The Polar Code,the most comprehensive legal document to solve the navigation problems in the Arctic shipping routes,has also encountered major problems in its implementation.The fourth part of this article puts forward some suggestions on solving the problems I came up with,such as the fragmentation of regional legislation and the shortcomings of soft law and hard law.Meanwhile,this part analyzes the legal issues related to China’s participation in the environmental governance of Arctic shipping routes and puts forward solutions: China should make full use of the advantages of hard and soft law,establish a model that applies both hard and soft law in environmental protection of the Arctic shipping routes and waters,strengthen bilateral and multilateral cooperation in the Arctic region,provide a new model for resolving environmental legal conflicts in the Arctic,and strive to build a legal system for environmental protection in the Arctic shipping routes and waters.In addition,China should establish a unified governance model for the Arctic,including the establishment of the Arctic Council as a body for disputes arising from environmental conflicts in the Arctic waters and the establishment of an emergency protection system for the marine environment.