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From International Law, Chinese And Japanese East China Sea Continental Shelf Delimitation

Posted on:2007-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y LuFull Text:PDF
GTID:2206360212456185Subject:Law
Abstract/Summary:PDF Full Text Request
In pace with the rapid industrial development of whole world and the trend of globalization, the desire for energy resources grows with each passing day. In 1968 the reconnaissance and survey team (勘探调查会) of ECAFE (UN Economic Commission for Asia and Far East联合国远东经济委员会) declared that seabed petroleum resources abounds beneath the East China Sea, since then the East China Sea has become a disputed area between China and Japan. Ever since China's exploitation of the Chunxiao oil and gas field (known by the Japanese as Shirakaba) in May 2005, the Sino-Japanese dispute over boundary demarcation in the East China Sea has been the main conflict between the two countries, and a focal point among the world.The dissertation starts with an introduction of the East China Sea dispute's history, current condition, and prospect, then states that the controversies on boundary demarcation dispute in the East China Sea between China and Japan lies in "the principle and method of demarcation", "Diaoyu/Senkaru Islands dispute", and "the Okinawa Oceanic Trough's status in demarcation", and etc. through a comparative perspective. It estimates both Japan's so-called "equidistant median line" and China's principle of natural prolongation and equitable principle concerning the matter by international law principles, conventional judiciary practice, and geographical conditions, hence concludes that the Japanese way is a unilateral delimitation, while the Chinese way is a proposition which is in accordance with the UN Convention on the Law of the Sea (联合国海洋法公约) and supported by the common judiciary practice principles. It further refute Japan's unreasonable "median line" delimitation by proving the fact that Diaoyu/Senkaru Islands is a part of China and the Okinawa Trough is the geographical boundary of the East China Sea continental shelf between China and Japan according to the historical records, geographical facts, and international law principles.China and Japan conducted 6 rounds of talks within recent 2 years on the matter. However, due to the huge differences between the two countries over maritime border demarcation, no fundamental progress has been achieved. Untill the final settlement of the boundary demarcation, the best approach to reach a win-win goal is cooperation in exploitation and use of the seabed resources in the East China Sea between the two parties under the principle of peace and negotiation. Meanwhile a delimitation method integrating with Japan's "equidistant median line"...
Keywords/Search Tags:international law, continental shelf of the East China Sea, Demarcation
PDF Full Text Request
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