Analyzing legal and political issues surrounding historic Arctic voyage

Renowned Chinese sailor Zhai Mo and two crew members embarked on a four-month voyage beginning at the end of June this year, attempting to circumnavigate the Arctic for the first time in human history. However, Canada stopped their sailboat in the Arctic Ocean near Lancaster Sound, a part of the Northwest Passage. 

This voyage does not challenge Canada’s sovereignty or legal status over the Northwest Passage as claimed by a report on the Canadian Broadcasting Corporation (CBC). One of the issues that worry Canada the most is whether China will adopt the same legal position as the United States and the European Union: treating the Northwest Passage as a “strait for international use” in opposition to Canada’s claim to it as “internal waters.” 

In its Arctic Policy White Paper in 2018, China maintains that all activities to explore and utilize the Arctic should be conducted in compliance with treaties such as the United Nations Convention on the Law of the Sea (UNCLOS) and the Svalbard Treaty, as well as with general international law. However, the white paper does not touch on the status of the Northwest Passage and other straits in the Arctic, focusing instead on the considerable opportunities and challenges posed by economic and environmental considerations. Hence, of the Arctic five (Canada, Denmark, Norway, Russia and the United States), Canada is the most concerned about the white paper’s implications, warning that China’s Arctic policy is attempting to tread a fine line between respecting the sovereignty of Arctic nations and leaving room to profit from disputes in international law.

Zhai’s request to pass through the Northeast Passage, in order to shorten the distance compared with passing through the Panama Canal, was rejected by Canada based on its Interim Order No. 3 – Restricting Pleasure Craft Navigation Due to COVID-19. Article 6 (1) of this order stipulates that Transport Canada may, in writing, exempt a person from the application of any of the prohibitions set out in this interim order in some circumstances, e.g., the minister of health, after being consulted, determines that public health and safety and the protection of the marine environment will, to the extent possible, be maintained. Sources in China said that Zhai and the other two crew members conducted self-quarantine before June 30 when they started the tour, and the risk of epidemic spread is extremely low. But it is up to the Canadian authority to define whether this exemption is applicable in Zhai’s case.