On The Legal Regime For The Delimitation Of The Continental Shelf

In the 21 st century, human-beings will depend on the natural sources in the higher degree for the highly industrialized society. People turn their sight to the sea in the drying up of the land sources. Because of the advantage of the distance, depth, and capacity of the sources in it, the continental shelf becomes the focus of the competition.The rules of the international law have admitted the rights of the coast countries on its continental shelf. But most of the continental shelf s attribution is still in doubt because the continental shelf is a young conception in the law. The international treaty has clear provisions of the limit of the continental shelf, but the rule for the delimitation of the continental shelf between two countries is vague. For this reason, coast countries can interpret the rules in the theories and practices differently for their states interests. This is also the reason for that there are so many disputes about the continental shelf. To interpret and clarify the rules of the international law, the ICJ and the international arbitration tribunal work hard by making use of the chance of hearing the disputes. The precise analysis of the judges and the arbitrators has been used as the evidence of the existence of the rule in the international law by the countries and researchers. It is certain to say that the development of the theories and the practices in the delimitation of the continental shelf is deeply effected by the jurisprudence of the international institutions other than the international legislation.There is a long history of the dispute between China and Japan on the continental shelf of the East China Sea Both of the two parties are difficult to compromise because the standpoints and the opinions of them are too different and this problem is closely connected with their strategy interest. But long time means complexity. In addition, both of the two will lose the chance to apply for their right to the U.N. committee of the limit of the continental shelf (CLCS) in the outer continental shelf if it is out of date. So it is very urgent for us to comprehend the rules completely, to use the rules correctly to solve the dispute and even to deal with the international litigation in the future. From the point, this paper analyzed the existing rules, concluded several principles from the jurisprudence of the international institutions, especially, the principles which will support the opinion of China in the East China Sea dispute.