中国在北冰洋的环境权益探索

The Exploration of China's Environmental Rights and Interests in the Arctic Ocean

当前北极地区的环境治理仍高度依赖北极理事会成员国的国内立法以及《北极环境保护战略》等软法机制,这种由北极域内国家主导的环境治理机制不利于域外国家参与北极环境治理诉求的实现。北冰洋环境问题关乎人类的共同利益,对北冰洋环境的治理与保护需要全球团结与合作。中国作为“北极利益攸关方”和“近北极国家”就我国在北冰洋的环境权益表达关注,不仅是一种需要,更是一种责任。从北极现有国际法框架以及对未来北极环境治理秩序的预判出发,中国在北冰洋的环境权益至少包括环境状况知悉权益、环境科考权益、环境保护立法权益。

The current environmental governance in the Arctic region is still highly dependent on the domestic legislation of the Arctic Council member states and soft law mechanisms such as the Arctic Environmental Protection Strategy.This environmental governance mechanism led by the Arctic countries is not conducive to the satisfaction of environmental governance demands of non-Arctic countries.The Arctic environmental issues are related to the common interests of mankind.Its environmental governance and protection needs global solidarity and cooperation.As an"Arctic stakeholder"and a"near-Arctic country",China is concerned with environmental rights and interests in the Arctic Ocean,which is not only a need but also a responsibility for China.Looking from the current Arctic legal framework and the prediction of the future Arctic environmental governance order,we think that the environmental rights and interests in the Arctic Ocean should include the rights and interests to know the Arctic Ocean environment,the rights and interests to do environmental research on the Arctic Ocean,and the rights and interests to legislation on protection of Arctic Ocean.