Study On The Principle Of Solving Sino-Japanese Conflict Of Delimitation In The East China Sea

In recent years, as land resources are depleted, the rapid development of marine science technology, the rich resources of the continental shelf cause the fierce competition, some countries take place many dispute about damarcation. East China Sea dispute Between China and Japan, has not been resolved and becomes more intense in recent years, it has a direct impact on the relationship and the future development of the two countries, Sino-Japanese East China Sea dispute is a very troublesome problem, it has became a internationally hot topic. View the current form, dispute between the two countries is difficult to resolve in the short term, this article is trying to find its solution. This article starts from Sino-Japanese different delimitation claim and and analyzes ther delimitation claims and the consequences of the delimitation claims, then it clarifies that the natural extending principle China claiming is according to law and reasonable to follow. However, The Japanese middle line method is only a method, it is not the principle of delimitation of The continental shelf. At last, it clarifies t equitable principles should be applied in the East China Sea dispute. In addition to the introduction and the conclusion this article is divided into three parts:The first part in the first place proposes Sino-Japanese different delimitation claims in the East China Sea issue.China stresses that the continental shelf of the East China Sea is a natural extension of China's territory, and as a basis natural extending principle should be applied in the delimitation of the East China Sea ,however, Japan advocats for the "middle line principle".then illustrates Sino-Japanese different legal basis for ther claims in the East China Sea issue. China's natural extending principle is mainly based on their " Law of Special Economic Zone and Continental Shelf of People's Republic of China"and" United Nations'Convention on Law of the Sea a"."median line principle " Japan advocatIing is based on Japan's "Low of Exclusive Economic Zone and Continental Shelf" and"Conventionon the Continental Shelf" Finally, analysis on the consequences of Sino-Japanese different delimitation claims.The second part is devoted to the production, development, content of equitable principle and .relation with other principles or methods of demarcation. Finally, elaborates the reason that Sino-Japanese East China Sea should be applied equitable principle, the author on this issue further discusses the reason that the middle line method and the ratio method do not apply to the East China Sea.The second part is devoted to the production, development , content of equitable principle.Equitable principle as the basic principlefor delimitation of continental shelf arises from international practice and in the subsequent practice of international justice and arbitration has been established and developed gradually. equitable principle as the basic principlefor delimitation of continental shelf arises from international practice and in the subsequent practice of international justice and arbitration has been established and developed gradually. when discussing the meaning of equitable principle, the author describes the relations of equitable principle with other principles or methods of demarcation.The author pointes out that equidistant median line is a specific method to achieve equitable principle, natural extending principle is the basic principle for applying equitable principle Proportional method is " touchstone of fair t"Finally, elaborates the reason that Sino-Japanese East China Sea should be applied the equitable principle, the author on this issue further discusses the reason that the middle line method and the ratio method do not apply to the East China Sea.The third part focuses on equitable principle in the application in the East China Sea. The author suggestes when using equitable principles on the delimitation of East China Sea, we have to consider the geography of the East China Sea continental shelf. Next, proportional factor is one of the factors to be considered of the continental shelf delimitation. Finally, departuring from international law and international practice, this article discusses the effectiveness of Diaoyu Islands in the East China Sea issue in effect. Diaoyu Islands can only have a range of territorial waters, Japanese delimitation claim to base point Diaoyu Islands is not set up. Diaoyu Islands on delimitation of continental shelf in the East China Sea should not have effect.