北極航道法律地位問題研究
發(fā)布時間：2018-10-25 20:11
【摘要】：北極航道自新航路開辟時代起就已經(jīng)納入人類視野,作為連接歐洲、東北亞及北美洲之間的潛在最短航線,具有重要的戰(zhàn)略地位和航運價值。近些年來,由于全球氣候暖化的加速,長期冰封的北極航道的全面開通逐漸臨近,因此該航道的法律地位問題逐漸成為北極地區(qū)乃至全世界關注的焦點。俄羅斯、加拿大、美國、挪威等環(huán)北極國紛紛依據(jù)周邊海域、島嶼的水文、地理特征及氣候狀況,從歷史性權利、直線基線等法理依據(jù)入手,對北極航道的權屬提出了各自的官方主張,而另一方面這一研究領域的各國學者們也在理論上對此展開了激烈的爭論,從大體上看圍繞北極航道的爭議主要集中在海域劃分、航道海峽屬性以及環(huán)境保護等方面,同時考慮到以“擱置爭議、共同開發(fā)”為原則的南極模式在解決北極航道問題上的可能性不大,因此對北極航道法律地位問題進行專項研究就顯得尤為必要。 本文以北極航道法律地位問題為研究對象,在對北極航道的定義、屬性及航運價值進行深入分析的基礎上,重點探討了加拿大、俄羅斯以及美國對各相關北極航道海峽、水域及島嶼的立法及管理現(xiàn)狀,并對該項立法的依據(jù)進行分析比較,從而得出在國際海洋法框架下可行的解決北極航道法律地位問題方法。本文擬從以下四部分進行探討:第一部分討論北極航道的定義、航運價值及通航預期;第二部分討論加拿大對西北航道的立法管轄及法理依據(jù);第三部分討論俄羅斯北方海航道的立法管轄及法理依據(jù);第四部分討論北極航道海峽的屬性及中國的相關作用。最后在結(jié)語中提出在開發(fā)北極航道的同時應兼顧北極生態(tài)環(huán)境的保護。
[Abstract]:Since the opening of the new route, the Arctic Channel has been brought into the view of human being. As a potential shortest route between Europe, Northeast Asia and North America, it has an important strategic position and shipping value. In recent years, due to the acceleration of global climate warming, the full-scale opening of the long-frozen Arctic waterway is approaching, so the legal status of the waterway has gradually become the focus of attention in the Arctic region and the whole world. Russia, Canada, the United States, Norway, and other countries around the Arctic, one after another, based on the hydrological, geographical and climatic conditions of the surrounding sea areas and islands, started from the legal basis of historical rights, straight baselines, and so on. They have put forward their own official claims on the ownership of the Arctic waterway. On the other hand, scholars from various countries in this research field have also launched a heated debate on this in theory. On the whole, the controversy surrounding the Arctic Waterway is mainly focused on the division of the sea area. In terms of channel attributes and environmental protection, and considering that the Antarctic model, based on the principle of "shelving disputes and jointly developing", is unlikely to solve the problem of Arctic waterways, Therefore, it is necessary to study the legal status of Arctic waterway. Based on the analysis of the definition, attributes and shipping value of the Arctic Waterway, this paper focuses on Canada, Russia and the United States on the relevant Arctic Channel Straits. The present situation of the legislation and management of the waters and islands is analyzed and compared, and a feasible method to solve the problem of the legal status of the Arctic waterway under the framework of the international law of the sea is obtained. This paper discusses the following four parts: the first part discusses the definition, shipping value and navigation expectation of the Arctic Waterway, the second part discusses Canada's legislative jurisdiction over the Northwest Passage and its legal basis. The third part discusses the legislative jurisdiction and legal basis of Russia's northern sea lanes, and the fourth part discusses the attributes of the Arctic Channel and the role of China. Finally, in the conclusion, it is proposed that consideration should be given to the protection of the Arctic ecological environment while developing the Arctic waterway.
【學位授予單位】：華東政法大學
【學位級別】：碩士
【學位授予年份】：2011
【分類號】：D993.5
本文編號：2294718
[Abstract]:Since the opening of the new route, the Arctic Channel has been brought into the view of human being. As a potential shortest route between Europe, Northeast Asia and North America, it has an important strategic position and shipping value. In recent years, due to the acceleration of global climate warming, the full-scale opening of the long-frozen Arctic waterway is approaching, so the legal status of the waterway has gradually become the focus of attention in the Arctic region and the whole world. Russia, Canada, the United States, Norway, and other countries around the Arctic, one after another, based on the hydrological, geographical and climatic conditions of the surrounding sea areas and islands, started from the legal basis of historical rights, straight baselines, and so on. They have put forward their own official claims on the ownership of the Arctic waterway. On the other hand, scholars from various countries in this research field have also launched a heated debate on this in theory. On the whole, the controversy surrounding the Arctic Waterway is mainly focused on the division of the sea area. In terms of channel attributes and environmental protection, and considering that the Antarctic model, based on the principle of "shelving disputes and jointly developing", is unlikely to solve the problem of Arctic waterways, Therefore, it is necessary to study the legal status of Arctic waterway. Based on the analysis of the definition, attributes and shipping value of the Arctic Waterway, this paper focuses on Canada, Russia and the United States on the relevant Arctic Channel Straits. The present situation of the legislation and management of the waters and islands is analyzed and compared, and a feasible method to solve the problem of the legal status of the Arctic waterway under the framework of the international law of the sea is obtained. This paper discusses the following four parts: the first part discusses the definition, shipping value and navigation expectation of the Arctic Waterway, the second part discusses Canada's legislative jurisdiction over the Northwest Passage and its legal basis. The third part discusses the legislative jurisdiction and legal basis of Russia's northern sea lanes, and the fourth part discusses the attributes of the Arctic Channel and the role of China. Finally, in the conclusion, it is proposed that consideration should be given to the protection of the Arctic ecological environment while developing the Arctic waterway.
【學位授予單位】：華東政法大學
【學位級別】：碩士
【學位授予年份】：2011
【分類號】：D993.5
【引證文獻】
相關期刊論文 前1條
1 楊振姣;董海楠;;北極環(huán)境問題研究綜述[J];中國海洋大學學報(社會科學版);2012年04期
相關碩士學位論文 前1條
1 張雪冬;俄羅斯北極戰(zhàn)略下的能源政策與航道政策[D];中國海洋大學;2012年
，本文編號：2294718
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