Dispute over the Applicable Scope of the Svalbard Treaty: A Chinese Lawyer's Perspective

Author:Tianbao Qin
Pages:149-150
SUMMARY

The Svalbard Treaty, one of the few inter-governmental treaties in the Arctic area, has drawn global attention. Currently, the dispute focuses mainly on its scope of applicability. Different interpretations of the issue, directly affect each contracting party's interests in Svalbard, intensifying its debate. China signed the Svalbard Treaty on July 1, 1925, becoming one of its first contracting... (see full summary)

 
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Svalbard Treaty 149
VIII JEAIL 1 (2015)
Tianbao Qin
The Svalbard Treaty, one of the few inter-governmental treaties in the Arctic area,
has drawn global attention. Currently, the dispute focuses mainly on its scope of
applicability. Different interpretations of the issue, directly affect each contracting
party
s interests in Svalbard, intensifying its debate. China signed the Svalbard
Treaty on July 1, 1925, becoming one of its first contracting parties. China has
attached great importance to non-discriminatory rights under the treaty, such as
    

s applicable scope has a profoundly
direct impact on China
s interests in the Arctic area. This research is to analyze the
Chinese position on the Svalbard Treaty and to demonstrate the legitimacy of China
s
viewpoint from a treaty interpretation perspective.
Keywords
Svalbard Treaty, Arctic Ocean, Applicable Scope, Treaty Interpretation,
Intertemporal Law, terra nullius, China
Dispute over the
Applicable Scope of the
Svalbard Treaty: A Chinese
Lawyer
s Perspective
Luojia Professor of Law, Research Institute of Environmental Law (“RIEL”), Collaborative Innovation Center of
Territorial Sovereignty and Maritime Rights of Wuhan University, China. LL.B./LL.M.(Wuhan), Dr. iur. (Wuhan
& Frankfurt). ORCID: http://orcid.org/0000-0003-4932-9213. This paper was supported by research projects, “Le-
gal Issues on Biodiversity beyond National Jurisdiction” commissioned by China Institute for Marine Affairs, and
“Law and Practice of Establishment and Management of Protected Areas in High Seas” commissioned by China
Association of Marine Affairs. The author thanks Mr. Qingchuan Zhang, LLM candidate at RIEL for his assistance
in writing of the paper. Views and errors expressed in this paper, if any, are solely the author’s responsibility and do
not represent the official position of the P.R. China. The author may be contacted at: fxyqtb@whu.edu.cn / Address:
Luojiashan, Wuchang District, Wuhan, Hubei Province, 430072, China.
DOI: http://dx.doi.org/10.14330/jeail.2015.8.1.07

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