论北极航道航行权的争议与未来

Disputes and Future of Arctic Navigational Rights

随着北极航道逐步开放,沿岸国对北极航道的管辖权主张及其适用的航行制度成为国际海洋秩序领域的争论焦点,北极航道沿岸国和利益攸关国都从不同角度解读国际法规范,对北极航道航行权问题提出各自主张。我们着眼于北极航道航行制度领域的两大问题,即北极航道的法律地位以及“冰封区域条款”在北极航道的适用问题,驳斥加拿大、俄罗斯对北极航道提出的内水化主张,辨析其作为用于国际航行的海峡,在构成要件方面的不足,同时,明确冰封区域条款在北极航道的适用限度。并在此基础上,立足于海洋命运共同体理念的国际法内涵,提出构建基于过境通行制度的、以可持续发展为宗旨的北极航道航行制度。

With the availability of the Arctic shipping routes,the jurisdiction claimed by the coastal states and the regime applicable as to the shipping rights have become the principle problems in the field of international maritime order.Both the coastal states and other interested states are trying to interpretate international regulations from different perspectives,and take different positions regarding the navigational rights in the Arctic.This article focuses on its two major problems,the legal status of Arctic shipping routes and the application of Article 234 of UNCLOS,and it denies the claims of Canada and Russia that Arctic shipping routes are located within their internal water and clarifies that the current usage of Arctic Passage cannot righteously make it a strait used for international navigation.In the meantime,this article makes it clear that Article 234 of the UNCLOS can only be applicable under stipulated conditions.On the basis of which,a navigational regime based on the regime of transit passage is put forward under the idea of A Maritime Community with a Shared Future.