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On Institutional Tension of Freedom of Navigation and the Construction of Legal Order of Arctic Passage
Author(s): MA Deyi
Pages: 1-
11
Year: 2016
Issue:
12
Journal: Pacific Journal
Keyword: freedom of navigation; institutional tension; international maritime treaty with lack of political issues; legal order of Arctic waterway;
Abstract: With the practical and theoretical development on the utilization of oceans, especially when the United Nations Conference on the Law of the Sea became effective in 1982 and the implementation of Free-dom of Navigation Program by US navy, the Freedom of Navigation and its institutional tension, originated from ideology of Freedom of the Seas, has accordingly witnessed constant development and progress. The in-stitutional tension of system of Freedom of Navigation makes a prominent contribution to both the coordina-tion of global and regional interest, and the construction of legal order of Arctic passage, characterized by international morality. International Maritime Organization dominates in optimization and construction of legal order of Arctic passage, which is exemplified in the fact that a series of regulations and laws concern-ing the Arctic Passage has come into force, such as International Code for Ships Operating in Polar Waters. The coordination of the institutional tension of Freedom of Navigation makes the core of the construction of legal order of Arctic passage, bearing the common welfare of nations, which in turn promotes the develop-ment and perfection of the Freedom of Navigation and its institutional tension.
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