北极航道法律地位问题研究
发布时间：2018-10-25 20:11
【摘要】：北极航道自新航路开辟时代起就已经纳入人类视野,作为连接欧洲、东北亚及北美洲之间的潜在最短航线,具有重要的战略地位和航运价值。近些年来,由于全球气候暖化的加速,长期冰封的北极航道的全面开通逐渐临近,因此该航道的法律地位问题逐渐成为北极地区乃至全世界关注的焦点。俄罗斯、加拿大、美国、挪威等环北极国纷纷依据周边海域、岛屿的水文、地理特征及气候状况,从历史性权利、直线基线等法理依据入手,对北极航道的权属提出了各自的官方主张,而另一方面这一研究领域的各国学者们也在理论上对此展开了激烈的争论,从大体上看围绕北极航道的争议主要集中在海域划分、航道海峡属性以及环境保护等方面,同时考虑到以“搁置争议、共同开发”为原则的南极模式在解决北极航道问题上的可能性不大,因此对北极航道法律地位问题进行专项研究就显得尤为必要。 本文以北极航道法律地位问题为研究对象,在对北极航道的定义、属性及航运价值进行深入分析的基础上,重点探讨了加拿大、俄罗斯以及美国对各相关北极航道海峡、水域及岛屿的立法及管理现状,并对该项立法的依据进行分析比较,从而得出在国际海洋法框架下可行的解决北极航道法律地位问题方法。本文拟从以下四部分进行探讨:第一部分讨论北极航道的定义、航运价值及通航预期;第二部分讨论加拿大对西北航道的立法管辖及法理依据;第三部分讨论俄罗斯北方海航道的立法管辖及法理依据;第四部分讨论北极航道海峡的属性及中国的相关作用。最后在结语中提出在开发北极航道的同时应兼顾北极生态环境的保护。
[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.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D993.5
本文编号：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.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D993.5
【引证文献】
相关期刊论文 前1条
1 杨振姣;董海楠;;北极环境问题研究综述[J];中国海洋大学学报(社会科学版);2012年04期
相关硕士学位论文 前1条
1 张雪冬;俄罗斯北极战略下的能源政策与航道政策[D];中国海洋大学;2012年
，本文编号：2294718
本文链接：https://www.wllwen.com/falvlunwen/guojifa/2294718.html
