A Study On The Legal Issues Of Application Of Straight Baselines

The determination of straight baselines has been highly concerned by the international community,and relevant theories have been developing with the development of international practice.Since the issue of straight baselines is closely related to China’s territorial sovereignty and maritime delimitation,the theoretical study of the straight baseline has important practical significance.The introduction mainly introduces the background of the topic,the significance of the topic,the history and status quo of domestic research,the history and status quo of foreign research,as well as the main research methods and research contents of this dissertation.Chapter I is the paving chapter of the dissertation,it mainly includes the evolution of the territorial sea baselines and the compilation of the straight baseline regime.This chapter consists of two parts.The first part briefly combed the history of territorial sea baselines,providing macro perspective and development perspective for studying straight baselines;analyzed the relationships and the differences between straight baselines and normal baselines,the bay closing lines and archipelagic baselines respectively;summarized the rules of the evolution of the territorial sea baselines and the restriction conditions that must be followed for baselines.In the second part,a compilation history of the straight baselines(archipelagic baselines)was reviewed,showing that the resolution of the straight baselines was completed in stages and that the baselines of the mid-oceanic archipelagos of the continental states were not regulated by the 1982 convention.Chapter II presents the main disputes in the interpretation and application of the straight baseline rule.This chapter consists of three parts.The first part briefly introduces the concept and application situation of straight baselines.The second part presents the main disputes about the ordinary straight baselines.There are three questions: Can straight baselines be applied to a smooth coasts? Can only rocks constitute a fringe of islands? Can an outer line of the coastal archipelagos be treated as a coastline? The third part presents the main dispute about the special straight baselines.It contains two questions: Is Article 5of the 1982 Convention a pocket clause? Has the application of straight baselines become customary law?Chapter III is the applicable conditions of straight baselines.This chapter mainly includes two parts.One part is the applicable conditions of ordinary straight baselines.Through the carding and analysis of national practice and judicial cases,this part explains the restriction conditions that should be followed for the application of straight baselines for smooth coasts,the condition that only rocks constitute a fringe of islands,and the condition that the outer line of coastal archipelagos is treaded as the mainland coastline.In addition,the application of ordinary straight baselines to the "main accessory" oceanic archipelagos is also analyzed.The other part is the applicable conditions of special straight baselines.It includes whether have the special straight baselines become customary law and what are the specific contents of the applicable conditions.Chapter IV is about the problem should pay attention to when applicating straight baselines.This chapter is divided into two parts.The first part is how to promote a balance of interests between the parties.First of all,a comprehensive consideration should be taken to ensure the right of coastal states to draw straight baselines.Second,it should promote a balance of interests between coastal states and their neighbors.Finally,it should promote a balance of interests between coastal states and the international community.The second part is how to make the line baseline length reasonable.On the one hand,the spirit of Article 7 of the 1982 Convention should be observed.On the other hand,extreme straight baselines should be avoided.Chapter V is about the straight baselines practice in China.The first part of the analysis of the published straight baselines of the coast of China’s mainland indicates that these straight baselines are essentially in line with the requirements of the 1982 Convention.The legitimacy of the straight baselines from the Shandong peninsula to the Yangtze river estuary and the eastern part of the Qiongzhou strait are analyzed.The second part analyzes the straight baselines of the Xisha islands and the Diaoyu islands and their affiliated islands,which conform to the developing customary law.Meanwhile,under the expanded interpretation,the straight baselines of the chiwei island group are consistent with article 7 of the 1982 convention.The third part analyzes the unpublished straight baselines of China.It holds that,based on the functions of baselines and the current situation of cross-straits relations,it is not appropriate to publish the territorial sea baselines of Taiwan for the time being.In view of the function of the baseline and the status quo of China’s relations with its neighbors,it is temporarily unnecessary to publish the territorial sea baselines of the Beibu Gulf,the northern coast of the yellow sea and the Nansha islands.The future baseline plan of Nansha qundao can not only draw lessons from the experience of straight baselines of Xisha qundao and Diaoyu dao and their affiliated islands,but also draw lessons from the archipelagic regime in the Convention to create a new practice.The Conclusion part briefly summarizes the main content of each chapter.It was also pointed out that the so-called model for the application of straight baselines was hardly a practice that was fully consistent with Article 7 of the 1982 Convention,and that practice had caused certain changes in the application conditions of ordinary straight baselines.Coastal states and international organizations should actively promote the final formation of customary law.In view of the basic spirit of the Convention and our long-term interests,Chin’a territorial sea baseline policy should be adjusted to change from a single straight baselines regime to a mixed baseline system.