Dissertation > Excellent graduate degree dissertation topics show

Study on the Relevant Legal Issue of the Waters of the Arctic Archipelago between United States and Canada as Well as Its Implications for China

Author: LiuXiu
Tutor: LiuHuiRong
School: Ocean University of China
Course: International Law
Keywords: Arctic Islands waters Historic rights Straight baselines Northwest Passage
CLC: D993.5
Type: Master's thesis
Year: 2010
Downloads: 304
Quote: 0
Read: Download Dissertation

Abstract

In the increasingly fierce battle for the Arctic, for the interests of the rich resources of the Arctic energy coveted, the world launched another round of equity fighting for. In close proximity to each other, Alaska, United States and Canada are located in the northern areas of the Arctic Circle, has valuable territory in the Arctic, as an important member of the Central eight Arctic countries, but it is also a world power in the United States and Canada intention to fight a huge interest in the Arctic the more obvious. Not only that, global warming, melting of Arctic ice, which provides the possibility for the Arctic route in. Especially in the north of the North American continent and has an extremely important shipping, military and strategic value of the Northwest Passage navigable become the focus of the world and fight for the best interests of the starting point. The United States and Canada with the geographic advantage in the conflict in the region increasingly prominent, and all disputes rooted in doubts and uncertainty on the legal status of the Northwest Passage. In other words, the Northwest Passage is a strait used for international navigation or vesting Canada control is the crux of the Canadian fierce disputes with other countries, led by the United States, the European Union. To solve this problem, you must first be defined the legal status of the Northwest Passage where the waters of the Arctic archipelago, which in turn depends on the theory of straight baselines is applicable in the waters resolution of this issue. Therefore, this article is located in the northern end of the North American continent, adjacent to the United States and Canada, the archipelagic waters of the Northwest Passage where by certain groups of islands and white waters of a whole piece as a background to the study area due to its attribution unresolved, the author referred to as Arctic Islands waters. This issue and to take legal interpretation, comparative studies, historical analysis, semantic analysis, the system logic analysis and empirical research methods, in accordance with the dispute involved an overview of the background area to the controversy triggered by the international law aspects of the proposal \relevant international legal theory \I first location of the waters of the Arctic Archipelago and the Northwest Passage to be clearly defined, then the Northwest Passage to break the ice and show in front of the world experienced a long and arduous historical process of the review, to arrive at the Northwest Passage the waters with the major shipping value and military strategic significance. For this reason, in the face of the temptation of interests in the region show the huge and lucrative energy resources, and for mining its maritime rights and interests lurking behind and thus meet the political interests intent, the United States and Canada in the ownership of resources, territorial division sensitive issues of maritime delimitation, the interests of navigation and military strategy, intense and long-lasting controversy and conflict. Arctic Archipelago is a range of Canadian sovereign territory, archipelagic waters and domestic water or in international waters of the Northwest Passage vesting Canadian State control or can be used for international navigation of the ship around the world, the focus around the waters of the United States and Canada in the Arctic Islands dispute problem, the Government of the United States and Canada presented their respective official position, for a long time to consolidate their respective rights and advocate the adoption of a series of official initiatives were also laid a number of relevant policies and domestic laws and regulations in the Arctic. Visible to sort out the dispute over rights and interests of the United States and Canada, the reality of the United States and Canada essence of the conflict equity dispute rose to the level of international law, to use legal means to resolve international disputes. Different from the Antarctic, the Moon and the international seabed area, the Arctic Ocean and its archipelagic waters, the status of international law issue is not resolved. Hidden behind the controversy in the United States and Canada is fighting for the rights of territorial sovereignty and maritime jurisdiction, the right of navigation, resource rights, and scientific research, so I start three theoretical issues sequentially from the straight baselines theory, the theory of historic waters and international straits theory applicable mode and the islands and waters, waterway special application of the similarities and differences of the general theory, comparative analysis, in-depth to explore the Arctic Islands and its waters and the legal status of the Northwest Passage. Analysis studies, Canada has the right in Arctic Archipelago applicable the straight baselines theory, and to comply with the mandatory standards of the general strike and the close ties between the land and sea of ??the coast along the the Islands as delineated by the outer edge of the straight baselines, and in accordance with the establishment of the right to consolidate factor analysis, the baseline of the Canadian Arctic Islands is in line with the general requirements of international law, and has a theoretical basis and practical significance. And Canada of the waters as long-term, effective exercise exclusive jurisdiction and vital interests and the burden of proof, not only the foreign default has also been effective legal protection. Therefore, in accordance with Canadian historic rights to the waters, I believe that the waters of the Arctic archipelago of Canadian domestic water. For the core of the dispute on the definition of the legal status of the Northwest Passage, the author gave a special qualitative reference Spitsbergen archipelago \In the relevant international treaties concluded and universal adherence to the premise, on the one hand, recognition of Canada's sovereignty over the waterway, on the other hand that the waterway should the world open and apply sound system and transit passage system. In other words, formal in Canada, in essence the same as international straits, the States Parties relatively free use in the country under the sovereignty of the Northwest Passage. This not only alleviated the reality of conflict in the United States and Canada, but also laid the foundation for the Northwest Passage and the waters of the Arctic Archipelago environmental protection, exploitation of resources and a series of problems. Thus, the United States and Canada's Arctic Islands waters dispute is on the rise and our non-Arctic countries had a tremendous impact. In order to fight for the political, economic and military interests in scientific research, waterway transport, resource development, environmental protection and other aspects to seek and strive for greater development opportunities and interests of space, in such a grim international situation in the Arctic Affairs should uphold our own attitude and position and take effective countermeasures in order to maximize the Arctic interests.

Study on the Relevant Legal Issue of the Waters of the Arctic Archipelago between United States and Canada as Well as Its Implications for China

Abstract

Related Dissertations