The Theories And Practices On Delimitation Of Exclusive Economic Zone

Abstract: Exclusive Economic Zone (hereinafter referred as"EEZ") is the sea area where the coastal countries have the rights of fishing and mining and other exclusive economic rights. Because its width is as wide as 200 nautical mile, the overlapping between the EEZs of neighboring or opposite countries is unavoidable. The lack of the way to delimitate the EEZ is not definitely regulated in UN Convention of the Law of the Sea, 1982 caused the application of the equidistance rule and equitable principle in history. This Paper will mainly discuss on origin, concept and value of the Equidistance Rule and Equitable Priciple, and make suggestions for dealing with the present situation of EEZ of China.This Paper is divided into four parts:The introduction discusses the historical background of EEZ and the delimitation thereof, and analyses the origin of the disputes from the delimitation of EEZ. Chapter One EEZ and the Delimitation Thereof, mainly summarizes the system of EEZ and discusses the disputes on the delimitation thereof and two ways of delimitation. Chapter Two Equidistance Rules, firstly seeks the origin thereof -- the delimitation of marginal sea and the use thereof in the delimitation of continental shelf and EEZ, then define the concept of Equidistance Rules in the delimitation of EEZ and analyses the value of Equidistance Rules. Chapter Three Equitable Priciple, firstly seeks the origin thereof -- the delimitation of continental shelf, introduce the use thereof in the delimitation of EEZ, and then discusses the history of combination of Equitable Priciple and Equidistance Rules. Chapter Four the Legality and Practice on the Delimitation of EEZ of China, starting from the present situation of EEZ of China, makes suggestions on the delimitation of EEZ in Yellow Sea, East China Sea and South China Sea for the purpose of maintainance of the rights and interests of China.