Canada

The Role of History and Law in the South China Sea and Arctic Ocean

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The law of the sea regime is in the early phases of a significant shift and subject to increased tension in its central normative structure. This has been the case many times historically, with each phase of the law moving in a path-dependent fashion through different international political environments. Though the law of the sea today has greater impact and causal effect on strategically driven state conduct than at any other point in history, evidence for this emerging change in the maritime legal regime is materializing in several key domains. Major states are now grappling with how to reason with,… Read More »The Role of History and Law in the South China Sea and Arctic Ocean

Chinese icebreaker, Xuelong

China’s New Arctic Policy: Legal Questions and Practical Challenges

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This article expands on the discussion of shipping-related issues in a report by the Institute for China-America Studies, “China’s Interests in the Arctic: Opportunities and Challenges” (March 2018). China issued its first official Arctic policy in a white paper published on January 26, 2018. The Chinese media and academics were truly thrilled—both by the content of the policy and by the fact that it had been formalized and published—and reacted immediately with overwhelmingly positive reporting and analysis. Meanwhile, the international community, especially the Arctic states, quickly added their views on the white paper. Of the Arctic five (the five states… Read More »China’s New Arctic Policy: Legal Questions and Practical Challenges