Study On Legal Problems Of The Continental Shelf

Ocean is rich in resources and enormous energy. With development of the scientific and technological, human develop and utilize of marine resources and energy possible. Meanwhile, due to the continuous improvement of industrialized society, for lack of resources, human turn to the marine resources. Continental shelf as a resource-rich region is paid close attention, because it's facilitated the exploitation and playing an important part in Military.Since the legal concept of the continental shelf appears relatively late, its related system is inadequate. Although UNCLOS in December 1982 signed and in Nov 1994 effected provides for a delineation of the continental shelf standards, but its principle of delimitation of continental shelf between States wasn't clear and specific. Different interpretations on Legal principles and rules of the continental shelf lead to disputes in different country. International Court of Justice and other international arbitration institutions push forward theory and practice of the continental shelf through explained and clarified the theory and practice of the continental shelf delimitation.China has a coastal, long coastline and her surrounding continental shelf is rich in resources, but she disputes on the maritime delimitation of the continental shelf between surrounding countries. That affects not only the relationship each other but Chinese strategy of ocean development. Study on continental shelf helps to resolve Chinese maritime disputes.This paper is divided into four parts. In the first part, the paper studys rules of international law on the continental shelf delimitation, with the focus on the 1958 "Convention on the Continental Shelf," and the 1982 "United Nations Convention on Law of the Sea" and other relevant provisions of legal documents.The second part of the paper introduces the basic principles of delimitation of the continental shelf and the method of the situation, including the principle of natural extension, the principle of equity, equidistant (median line) rules, the ratio percentage test rules. In the third part, the paper gives delimitation of the continental shelf of a detailed analysis of international practice. Primarily through the practice of delimitation of continental shelf between States, delimitation of continental shelf beyond 200 nautical miles of the countries to set international practice.In the last part, the paper gives delimitation of the continental shelf of the international system and the development trend of Chinese continental shelf solution reference. Breakthroughs in the following areas:â… Natural extension of the principle is the unshakable basis of the continental shelf delimitation;â…¡Equity method of demarcation from the impact of changes;â…¢In the maritime delimitation which are frequently used in the median line principle is just one way of the continental shelf delimitation;â…£Ratio test method of demarcation rules from diverse impairment;â…¤Exclusive economic zone and continental shelf boundaries can not apply a single.Based on the characteristics of geography and geological continental shelf, the legal concept of development, around UNCLOS and other international legal documents related to the legal system of continental shelf delimitation of continental shelf delimitation principles of international law and state practice, and foreign scholars on the continental shelf delimitation of the various theories, the legal status of the continental shelf, generated a variety of demarcation principle of origin, and the trend of the continental shelf delimitation method of practice on issues such as system. At the same time, combining with international political, diplomatic, economic development, natural resource development and so on, the paper investigates the decision choice of Chinese continental shelf delimitation. Legal issues on the Continental Shelf sort out and analyze the system. The purpose provides reference and theoretical support for the final settlement of the continental shelf between China and the maritime delimitation disputes neighbors and provides decision making rights of the continental shelf (including the continental shelf beyond 200 nautical miles).