Study On The Sea Delimitation Between China And Its Adjacent Nations And Opposite Nations By The Cases Concerning The Law Of The Sea Of ICJ

It is one important issue of China to resolve the disputes of sea borders between China and its neighbor nations, and to delimit the border as early as possible. The main purpose of the thesis aims at exploiting the way of solving the above problems by means of the analysis of contentious cases of the law of the sea in ICJ.The first chapter is the opening words, which establishes the basis of reality and the origin of the theory. This part introduces the attitude done by ICJ in 60 years, especially concerning a great amount of cases, which lays the foundation of the basis of arguments of China's sea problems.The second chapter forms the basis of the theory of the thesis, in which the theatrical factors accumulated by ICJ are illustrated and described respectively in the aspects of origins, formulation, status and functions in the following practical trials of ICJ. The equitable principles occupy the first position of importance among all the methods of delimitation of the sea. The equitable principles is regarded the principal guide of theory in public, which has been applied in all aspects of the continental shelf, the exclusive economic zone (EEZ), the above waters of the continental shelf, the submarine areas and the islands. Meanwhile, the equitable principles have been written into the 1982 Convention of the law of the sea .Natural prolongation, has been recognized the most important and irreplaceable factor of continental shelf delimitation by the 1958 Convention of Continental Shelf and 1982 Convention of the law of the sea. The criteria of equidistant lines should be correctly understood as one widely applied method of the sea delimitation; however, it still cannot be compared with equitable principles and the natural prolongation. As for all relevant circumstances and proportionality, which should be regarded as the checking approaches correctly. In addition, proximity could not be included in the ways of sea delimitation by ICJ. All that generalization of the typical sea law cases and the theoretical summary provides the support of resolving the problems of China's sea borders.The third chapter is the subject concerning the disputes of China's sea borders between China and its neighbor nations. The total disputes concerns of three countries of different views of sea delimitation, China, Japan which occupies Diaoyu Island, and Korea Which occupies Suyan Reef. All statements of each country have all been illustrated in the following parts: China's Eastern Sea, Diaoyu Island, China's Southern sea and Nansha Islands. Among this chapter, there are three parts. The first part gives it a brief introduction of the disputes in Eastern Sea: continental shelf, the EEZ, the disputes of the island. Secondly, this part is about the sovereignty and the status of sea law of Diaoyu Island which the key point of solving the dispute of Eastern Sea. Additionally, the attitudes of US and Taiwan are all listed following the avocation of Japan. The third part describes the background of China's Southern Sea disputes and the different views of related countries. Above all, the factors and the focus of the disputes of China's Southern Sea have been listed. Next, the representative views of each party in the disputes of China's Southern Sea are stated including seven parties of six countries, China, Vietnam, Philippine, Malaysia, Indonesia, Brunei,and Taiwan of China.The fourth chapter with four parts is the key part of the thesis, which are described as followings:The first part concerns of the delimitation of China's Eastern Sea by means of the sea cases of ICJ, which analyzes three aspects of continental shelf, EEZ, and the sovereignty and the status of some islands. In the first aspect, the analysis are mainly revealed between"Natural Prolongation","The Equitable Principles", and"Proportionality"which are insisted by China and"Equidistance Lines"supported by Japan, and still shown from some other visions. Some cases of ICJ of different situations are taken to argue and compare with the disputes of China's Eastern Sea, such as 1969"North Sea continental Shelf"concerning Natural Prolongation, 1978"Tunisia/Libyan Arab Jamahiriya"concerning"Equidistance Lines"and"The Equitable Principles"and etc. After the analysis of cases it draws the conclusion that the views of China maybe more favorable than that of Japan. In the second aspect, the analysis lies in the"Equidistance Lines"and"Proportionality", then, the thesis points out two statements, one is that China should face the fact of the international popularity of"Equidistance Lines"in some circumstances, the other is"the"equidistance Lines"advocated by Japan is not authentic from the perspective of international law, and will not be accepted certainly by China. Furthermore, if the distance of opposite seashores of different countries is less than 400 sea miles, some parts will be overlapped otherwise the two countries in dispute agree with equal share. If the two bounties of Continental shelf and EEZ announced respectively by both countries, and the situations will be more complicated. The problem seems like a hot potato to China and will not win probably in ICJ. In the third aspect, Diaoyu Island, Suyan Island and Chonzhiniao Island are regarded as the main problems, and there are two aspects of analysis: the sovereignty and the status of the law of the sea. As far as the former is concerned, the propositions of"first occupation"or"the rule of time"is favorable to China; as to the later, there are some statements in 1982 Convention of the Law of the Sea could support China's viewpoints. As to the above islands, here are outlines of viewpoints and more explanation of the sea delimitation of every aspect lies in later chapter. All problems of islands could be concluded in three focuses: the sovereignty of the islands, the status of the islands, and the status of manmade islands.The second part analyzes the different views about Diaoyu Island between China and Japan, and there are four perspectives: Japan's"first occupation"of"finding""lands of no sovereignty"and"controlling effectively", and the Critical Date, the treaty signed in San Francisco between US and Japan during World War II, and the effectiveness of the governmental execution of Taiwan. Here listed some cases of ICJ including the Island of Eastern Greenland, etc. The conclusion emphasizes that China should insist on"first occupation".The Third part concerns of the analysis of the status of the law of Diaoyu Island, it is divided into two steps: the first step is to look back the cases and attitude of different types of islands in ICJ and consequently find the little effectiveness or no effectiveness; the second step turns to Diaoyu Island. The conclusion of analysis draws that Japan's advocating of the status of sea law of Diaoyu Island should not be agreed in ICJ, which is proved by its cases of land shelf arbitration between UK and France, ect.The four part cases of ICJ is related to resolve the disputes of China's Southern Sea. The perspectives include the"first Occupation"advocated by Vietnam and Philippine,"the effectiveness of the islands on the continental shelves and EEZ", and"the Proximity". Whereas the"first occupation" mentioned above, the emphasis focuses on the"peaceful occupation"explained by ICJ and China's historical facts concerning Southern Sea. Another analysis points out that the view of"the effectiveness of the islands on the continental shelves and EEZ"should not be supported by 1982 Convention of the Law of the Sea. The last section reaches the conclusion that ICJ has always not supported the"Proximity"from the previous cases concerned, such as Aegean Sea Continental Shelf (Greece v. Turkey1976-1978), etc. So many cases suggested that it would be supported by ICJ that China's sovereignty of Nansha Islands and the historical water areas in U shaped lines.The final conclusion points out that China's diplomatic policy of the disputes of the sea bounties has been in dilemma, the way of military forces is impossible at Present. But the study of the cases ICJ shows that there are many favorable factors to help China resolve the disputes of sea borders with the neighbor countries, such as the"Equitable Principles", the"Natural Prolongation", the"All relevant circumstances", the"Proportionality"and the"First Occupation", etc. The following advices mainly exist in two aspects, Firstly, it is unfavorable of China to set up a good profile as a great nation, to make full use of ICJ to solve some concerning issues even though it is not a good time to submit all disputes of the sea borders between China and the neighbor countries. It maybe a good result of solving the above disputes via ICJ if the contentious model and rules of ICJ could be studied well, the suitable plan and scheme could be drawn, the concerning international conventions and treaties could be studied deeply, and the related evidences of history, geography and law could be put. Secondly, there still some cases could not be granted the formal position in public, and the further study of some cases of ICJ should be necessary, such as,"Line of Equal Distance", etc. Finally, the prospect of the thesis is put forward. There are a great deal of favorable factors of the cases of IC by the analysis listed above, presently, it would be a good method to take advantages of the contentious model of ICJ to solve the disputes of sea borders between China and it's neighbor nations.