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The Study On The Equitable Principle In The Continental Shelf Delimitation

Posted on:2007-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:K WuFull Text:PDF
GTID:2166360185986802Subject:International Law
Abstract/Summary:PDF Full Text Request
The controversy over the issue of the delimitation principle of the continental shelf focuses on the principle of natural prolongation, equidistance principle and equitable principle. In the first chapter of this thesis briefly discourses on the three principles.By discussing a series of international judicial and arbitral practice including North Sea case 1969, the second chapter proves that equitable principle is a fundamental principle in the continental shelf delimitation which in fact has been the international customary law guiding the continental shelf delimitation. The equitable principle is quite different from the traditional international customary law in the process of appearance.In the third chapter, the thesis holds that the equitable principle in the continental shelf delimitation consists at least of three important aspects. The core of it is equitable result and to achieve it, it is necessary to consider all the circumstances concerned with the case. Although the means of delimitation is also important, it is by no means compulsory, even if the equidistance method is often used in the practice. For the flexibility of the three aspects of equitable principle which may leads to some disadvantages, in the fourth chapter of the thesis mainly discusses the issue of'constructing a concrete system of equitable principle'. Therefore firstly here discusses the theory of Unicum, then putting forward two viewpoints on the function of equitable principle, namely corrective and independent functions, and thinking that the independent function is in accordance with the theory of Unicum and the equitable principle carries out the function in the judicial practice. At last, in this chapter, the author probes into the probability of constructing such an equitable principle, pointing out that the principle can consist of two levels of content.The fifth chapter sets forth in chief the relationship of the equitable principle and other principles in the continental shelf delimitation. Above all, the equidistance principle is discussed, considering that the so-called equidistance principle is merely a delimitating rule or method subject to and dominant by the equitable principle which in fact can be referred as the equidistance/special circumstance rule or equidistance method. Then the author discusses the principle of natural prolongation, holding that although its role in the continental shelf delimitation has been weakened in some extent, its death is actually impossible, it has not been replaced by the distance criterion, and it is still an important circumstance which should be considered in the delimitation for an equitable result. Lastly there expounds the proportion principle, thinking that this principle plays mostly a role to check the equitability of delimitating result obtained from other delimitating methods, especially the equidistance method and modifying it in severe disproportion. Therefore the proportion principle is a crucial geographic equitable factor which should be considered to achieve an equitable delimitating result. The last chapter of the thesis researches chiefly the issue of Sino-Japanese delimitation in East China Sea, indicating that the delimitation should carry through under the equitable principle, asserting that to realize the equitable delimitation, all the circumstances concerned should be considered including two most important and objective facts that are the East China Sea's continental shelf is the natural prolongation of China's land territory and the Okinawa Trough is the delimitating line of the East China Sea's continental shelf and Japan's Okinawa continental shelf. In delimitating, the midline method cannot be used, because this not only has not the supports of international law and judicial precedents, but it will cause terribly inequitable result to China, so it is in violation of the equitable principle. Furthermore, the Diao yu islands has no effects in the East China Sea's continental shelf delimitation and it cannot be used as a basic point in the delimitation, for on the one hand, it enjoys the character of the rock, which are also supported by international judicial and arbitral practice and state practice, on the other hand.
Keywords/Search Tags:the Continental Shelf, Delimitation, Equitable Principle, Equidistance Principle, the Principle of Natural Prolongation
PDF Full Text Request
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