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The Study On The Application Of The Equitable Principle To The Delimitation Of Continental Shelf In The East China Sea

Posted on:2012-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:W LiuFull Text:PDF
GTID:2216330338965204Subject: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 recent years, because of energy and territory dispute, the relationship between China and Japan is getting worse, the dispute of the Delimitation of East China Sea Continental Shelf is always the main point.This thesis has three parts:The first part briefly discusses the conception, come to being, development and meaning of the equitable principle. 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. At present, the equitable principle has been developed as the basic principle recognized by the international community.The second part aims to discuss the relationships between the equitable principle and the other principles, such as the principle of natural prolongation, equidistance principle and the proportional principle. Above all, this part also aims to discuss the applicability of the equitable principle. The core of the equitable principle is equitable, it is necessary to consider all the circumstances. First, it discusses all the conditions considered in the equitable principle. Second, it studies the principle of natural prolongation. The principle of natural prolongation is one of the important conditions should be considered when it wants to achieve a fair result in the demarcation. Third, it discusses the proportional principle, thinking that this principle plays mostly a role to check the equitability of delimitating result obtained from other delimitating methods, especially delimited in the equidistance principle, the aim is to get a fair result. In some times, the proportional principle modifies the result in severe disproportion. In other words, the proportional principle requires that the scope of the continental shelf is in proportion with the length of the coastline. Finally, 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.The third part 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.
Keywords/Search Tags:Equitable Principle, the Delimitation of Continental Shelf, Equidistance Principle, the Principle of Natural Prolongation, the proportional principle
PDF Full Text Request
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