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Between China And Japan In The East China Sea Continental Shelf Delimitation Analysis Of The International Law

Posted on:2012-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:P HeFull Text:PDF
GTID:2246330371965145Subject:Law
Abstract/Summary:PDF Full Text Request
East China Sea contains so much oil and gas resources that it is called as the second Middle East, which leads to the conflicts between China and Japan on the delimitation of continental shelf. The Article 83 of the United Nations Convention on the Law of the Sea provides the general principle to settle dispute on the continental shelf between the countries with opposite coasts or its neighboring countries, and gives the source of international law (Article 38 of the Statute of International court of Justice) and international process which should be obeyed, but it does not give any particular guideline on delimitation. Hence, delimitation still needs negotiation between the contesting countries. This is the reason why the dispute between China and Japan on delimitation of continental shelf remains unsolved for such a long time, which is the blasting fuse for the friction of the relationship between China and Japan. How to deal with the continental shelf delimitation between China and Japan properly within the framework of international law needs further research. The topic of the dissertation is the continental shelf delimitation between China and Japan, which gives analysis on the background, reasons, international law and the ideas of the two countries on the issue. Considering the recent ICJ cases on the continental shelf delimitation, which may indicate the way to settle dispute between China and Japan, the dissertation wants to make further an analysis, and also makes research on the underlying policies and prospects of the delimitation.The dissertation is composed of the preface and three chapters. The preface introduces the background, current situation on this topic, as well as the research means and new points. The first chapter is the background of dispute over China East Sea delimitation. This part analyzes the natural and legal definition of continental shelf and maintains that the main reason cause the dispute is the two country’s contest to gain oil, gas and strategic interests related to the continental shelf. The second chapter is the claims of China and Japan and their legal basis respectively. This part introduces the international law on the delimitation and solution put forward by the China and Japan respectively. This part also introduces some latest verdicts released by the International Court of Justice and its instructive ideas. The third chapter is the measure to settle China East Sea delimitation dispute. This part analyzed the possibility that China and Japan may solve the problem with conversation and exploit China East Sea together or other legal means to settle the dispute. This dissertation gives some suggestiones for the solution to the dispute on China East Sea delimitation. The Brief conclusion is given at last.
Keywords/Search Tags:Continental Shelf in East China Sea, Principles of Delimitation, Natural Prolongation Principle, Equitable Solution
PDF Full Text Request
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