The Study On The Equitable Principle In The Continental Shelf Delimitation

As the development of ocean technology and the pass of relevant conventions,there are so many controversies over the delimitation of the continental shelf whichfocus on the principle of equitable principle, equidistance principle and naturalprolongation principle. The first chapter of this thesis contains the introduction ofcontinental shelf, the rules of the conventions relevant to the continental shelf.By discussing a series of international judicial and arbitral practices, the secondchapter proves that the equitable principle is a international customary law, andbecome the fundamental principle in the continental shelf delimitation. The principleconsists three important aspects: equitable result, considering all the relevantcircumstances, no compulsory means of the delimitation. The equitable result is thecore of the equitable principle.In the third chapter, the thesis mainly discusses the issue of “constructing aconcrete system of equitable principle”. The concrete system is based on the threeaspects of the equitable principle. First, the negotiation principle reflects the relevantparties’ freedom of engaging treaties. It is also the reflection of resolving disputespeacefully. As the natural prolongation is the basement of the continental shelf regime,the natural prolongation principle is the first principle in the concrete system, whichshould be applied to in the situations that the relevant parties are not on the samecontinental shelf. Otherwise, the equidistance principle should be applied to.In the fourth chapter, the thesis discusses the situation of the continental shelf inYellow Sea and East China Sea. In Yellow Sea, the relevant delimitation ofcontinental shelf should apply the equidistance principle. In East China Sea, thenatural prolongation principle should applied to.