Review for the article '“Polar Silk Road”: Legal Challenges and China Path'
Relative information:
Written by: Wentao Xu
Title: “Polar Silk Road”: Legal Challenges and China Path???????”???????????
Publication: Chongqing Social Science
Publishing language: Chinese
Date: August 2020
DOI: 10.19631/j.cnki.css.2020.008.008
Paper review:
This paper introduces legal challenges China may face when constructing Polar Silk Road. It was conducted into two parts. In the first part, author analyzed several potential legal challenges of Polar Silk Road construction. In the second part suggestions were given to Chinese government in order to tackle with these mentioned risks.
First of all, international law which regulates Arctic is not comprehensive enough, because there’s no specific and exclusive international treaty or agreement to regulate activities in the Arctic. Although there are two relevant treaties, UN Convention on the Law of the Sea and the Treaty of Spitsbergen, which provide with basic legal framework, still their validity are limited. Secondly, the rights of jurisdiction of Arctic waterways are controversial. For example, jurisdiction right of Northeast route and Northwest route whether belongs to Russia, or Canada, or other countries with the right to transit international navigation straits. Thirdly, barriers caused by Russia and Canada’s domestic laws. Russia and Canada, invoked the Convention and imposed a strict regime and control of navigation on Arctic waterways that are not different from those of internal waters, including pollution standard, ship design standard, pilot etc. These unilateral domestic laws substantially grant hurdles to other participants.
Despite of these, China should participate with a general principle of cooperation, win-win, mutual trust and respect, and actively cooperate with Arctic states. Besides, China should continue to deeply explore (cacography! not explain but explore) existing laws, i.e. the Convention and Treaty, to clarify what kinds to obligations and rights does China need to comply with, and what kind of activities can legally take part in. What’s more, if possible China can join the new law-making process.
