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The Principles Of The International Ocean Delimitation And The Solution Of The Dispute In East China Sea

Posted on:2008-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2166360215957330Subject:Law
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Up to 2007 years, China and Japan have held a series of bilateral negotiation about the delimitation in East China Sea. On the basis of the different principles to delimitate the East China Sea, the issue have not been resolved yet. This article aims to expound the certain way to resolve the issue according to the principles of the international ocean delimitation.It contains four parts except foreword and summary:The first part: it expounds how the delimitate dispute comes into being in East China Sea, The main divergence that two courtiers base on different principles to delimitate the East China Sea. Taking into consideration of continental shelf delimitation and exclusive economic zone delimitation, China insists on implementing "natural-extending principle"and"Equitable principle", whereas, Japan sticks to "Middle line principle" on account of the different geographic factor. The region of the East China Sea is overlapped. China and Japan would not reach consensus for this problem, therefore, the issue turns out.The second part : it expounds that the emergence,the development and the application of the principles of the international ocean delimitation. The" Equitable principle" is the foundation of the international ocean delimitation, the purpose of this part is to seek for the support theory.The third part: the principles of the international ocean delimitation will be adopted to delimitate the East China Sea. The author will explain how to delimitate the East China Sea according to the international ocean delimitation principles. The" natural-extending principle" should be introduced for the sake of the continental shelf delimitation in the East China Sea.The Okinawa trough should be the boundary of the continentals shelf. The" Equitable principle" should be the foundation of the exclusive economic zone delimitation, meanwhile, the" Middle line principle" should be also used specifically in light of exclusive economic zone delimitation. The efficacy of the"Senkaku Island" should be neglected.The fourth part: it expounds the way concerned with the delimitation of the East China Sea. The author suggests: 1. singular delimitation. Because the main divergence between China and Japan lies in the ownership of the "Senkaku Island" and the boundary of the continentals shelf, this way could not be put into practice. 2,parting delimitation. According to the international ocean delimitation principles, a couple of lines delimitating the continental shelf and the exclusive economic zone could be better to simplify the divergence. this is a feasible approach.3,conjunct exploitation. Before the issue is resolved through the efforts of two sides in the end, conjunct exploitation is a significant approach and can keep out of submarine resources idle.
Keywords/Search Tags:Reasons of dispute, Principles of delimitation, Application of principles, Way of delimitation
PDF Full Text Request
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