Legal Environment of Shipping through the Northwest Passage: A Research Review about Certain Issues
Abstract: Northwest Passage dispute involves the conflicts between sovereignty and jurisdiction of coastal states and navigation freedom of the marine powers. The legal status of the Passage is the key issue, which is closely related to the legal nature of the Arctic Archipelago waters. The United States and European Union hold different positions from Canada on this issue. Scholars have three different viewpoints, namely Canadian internal waters, international straits and the neutral approach. Despite the argumentation on specific legal basis, discussions about the dispute settlement reflect strong features of benefits equilibrium between states. Research on the legal regulation on the Northwest Passage includes environmental protection, shipping regulation, and Article 234 in the UNCLOS on both international level and Canadian domestic level. All these studies provide good theoretical and empirical basis for deeper research.
Key words: Northwest Passage, internal water, environmental jurisdiction, ice-covered area