【摘要】 国际软法理论远远晚于软法治理实践的发展,国内外学者对其定义众说纷纭,至今尚未有统一定论。北极环境治理体系发展过程中已形成了大量软法性质的文件,着眼于北极软法发展演变历程,可以将其划分为监测评估、初步执行和转型三个时期。解读《北极环境保护战略》的内容,可以发现其缺乏独立性、缺乏行动力、缺乏财政资助、成果转化率较低。在承继和发展基础上产生的北极理事会也面临着一些瓶颈。致力于解决北极环境软法治理当下所面临的困境,可以通过制定统一的软法程序法、制定具有科学性和影响力的良性软法、提升成员国违反软法的成本等手段来增强北极软法的效力。更多还原

【Abstract】 International soft law theory is far behind the development of soft law governance practice,domestic and foreign scholars have different opinions on its definition,and so far no unified conclusion has been reached. During the development of the Arctic environmental governance system,a large number of documents of soft law have been formed,focusing the development and evolution process of the Arctic soft law,which can be divided into three periods of monitoring and assessment,preliminary implementation and transformation. By interpreting the contents of the Arctic Environmental Protection Strategy,we find that it has several limitations,such as non-coercive measures,lack of action,narrow coverage and lack of financial support. The Arctic Council,which is based on inheritance and development of AEPS,and also facing with the bottleneck of the nature of forum,low political areas and dominated by the eight Arctic countries. In order to solve the current difficulties faced by the soft law governance of the Arctic environment,we can strengthen the effectiveness of the Arctic soft law by formulating a unified soft law procedure,making a sound soft law with scientific and influential factors and raising the cost of violation of soft law of member states.更多还原