Climate change is one of the biggest issues facing the world today. As a result of climate change, the diminishment of sea ice in Arctic has heightened interest in, and concerns about Arctic region's future. And this is the matter not only for the Arc...
Climate change is one of the biggest issues facing the world today. As a result of climate change, the diminishment of sea ice in Arctic has heightened interest in, and concerns about Arctic region's future. And this is the matter not only for the Arctic States, but also for all over the world because the polar regions are regarded as the common heritage of all mankind. So, it is important to review Arctic-related issues in international law perspectives, such as Arctic sovereignty claims, maritime delimitation in the Arctic Ocean, and commercial shipping through the Arctic. In this respect, This thesis reviews the related issues in international law and propose the future direction of legal regime in the Arctic.
Regarding the sovereignty claims, Arctic States have argued for a long time. To retain their sovereignty in the Arctic region, Canada and Russia insist the sector principle which is not accepted currently in the international law. Other Arctic States also insist the modified occupation theory which is especially adoptable due to the special environment in the Arctic. Most of the Arctic sovereignty claims are resolved, but the legal status of the newly-discovered islands and sea-ice in the Arctic is to be discussed within the frame of international law for future Arctic sovereignty claims.
There are two factors in maritime delimitation in the Arctic Ocean, the maritime delimitation among the Arctic States and the limits of the continental shelf near the North Pole. Most of Arctic States have agreed the maritime delimitation between each states, except for the Beaufort Sea between United States and Canada. And the continental shelf beyond 200 nautical miles in the Arctic Ocean is up to be resolved by the recommendations of 'CLCS' in the near future.
The Northwest Passage and Northeast Passage(Northern Sea Route) are two important seasonal waterways in the Arctic Ocean. Due to the sea ice melting, these shipping routes are come into the spotlight. But there are some disputes on the legal status of these route between and non-Arctic states and coastal states, such as Canada and Russia.
The current legal regime in the Arctic is based on the soft-law approach, so it lacks legally binding force, compared to the Antarctic Treaty System. And Arctic Council, which is the most influential in Arctic-related issues, does not impose the compulsory obligation on the Arctic states. To develop the legal regime in the Arctic, the possibility of so-called 'Arctic Treaty' is brought out in the international society. But most Arctic States do not agreed, and they intend to maintain current international law regime and enforce the Arctic Council's authority.
To actively participate in the use and preservation of Arctic legal regime, Korea should achieve the permanent observer status in the Arctic Council and concentrate on the diplomatic effort with the Arctic States. And for a long term perspective, we should prepare the specialized strategy and scientific research in the Arctic.