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A Study Of The Equitable Principles For International Maritime Delimitation

Posted on:2008-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:W B ZhangFull Text:PDF
GTID:2166360212475134Subject:International law
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For the moment, the majority of the world's potential maritime boundaries are yet to be settled. the application of equitable principles as a rule of customary law is very controversial over a long period of time. For delimitation is in principle an aspect of territorial sovereignty, at the same time, the final result of The 1982 United Nations Convention on the Law of the Sea(UNCLOS)concerning Article 74 and 83 with regard to sea boundary delimitation is a compromise between"the principle of equity group"and"the equidistance group", therefore, the 1982 UNCLOS didn't eatablish a set of compulsory procedures of settlement of various maritime disputes.Since the 1982 UNCLOS has emphasized the"equitable solution"of delimitation of the continental shelf and the exclusive economic zone, but it doesn't provide that the application of equitable principles as a rule of law is a complusory obligation. accordingly, it provides somewhat less guidance for the maritime delimitation. This paper mainly discusses the application of the principle of equity for the delimitation of the exclusive economic zone and the continental shelf, at the same time, based on the former's researchers, probes into its legal status form the point of view of the theory and practice of the international maritime delimitation.This paper is divided into five parts.The introduction discusses the author's purpose, main content of this paper, major research methods and briefs review of relevant literature. Chapter one a summary of the principle of equity for international maritime delimitation, discusses basic issues about backgroud of maritime delimitation, function of the principle of equity, scope and practice of its application.Chapter two legal status of the principle of equity and its evaluation, analyzes whether the application of the principle of equity as a rule of maritime delimitation is in accordance with the requirements of international law in term...
Keywords/Search Tags:equitable principles, relevant circumstances, maritime delimetation, customary international law
PDF Full Text Request
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