On The Islands In The Marine Delimitation Of The Effectiveness

Since the island has “sea”,and then evolved to be like the continent has the same as theforce of law, the world according to the island and started the “blue enclosure movement”.Todate,the island effect has been the focus of attention of the scholars,but also countries inmaritime delimitation in the controversial main reason.In the final analysis,it is all for theocean’s huge natural resources and energy.Therefore,study on the islands in the marinedelimitation of the legal effect,has the vital significance.This paper is divided into three parts. The first part is the overview of the island, isdivided into three major contents. First of all, through the analysis of the early islandsformation process, the first conference on the law of the sea on the island of laws andregulations and the Third Conference on the law of the sea to the island system is discussedand the relevant provisions of international law, to determine the" island " is defined, andpoints out its flaw. Secondly, the explanation of " the legal sense of the island " should havethe first element, some scholars and representatives of view, finally the author’s point of view.The author thinks that" the legal sense of the island" should have three elements, respectively,is naturally formed, and the climactic heights; in line with the human living conditions, oreconomic conditions of life; a sufficient area. Finally, analysis and the island of some relatedconcepts, including low tide heights, artificial islands, reefs, the baselines of the territorial seaof straight baselines. After analysis, low tide heights are not legally binding island. Artificialislands are not, but to the state according to the specific circumstances of the eligible Islandartificial interference. The rocks must be in accordance with the specific conditions in to beeffective island.The third part is the second part of the analysis results are used to solve practicalproblems, the author has chosen at present of our country marine delimitation encounteredissues on delimitation of East China sea. This part is divided into three major parts: FirstSino-Japanese in East China Sea delimitation in the basic position, mainly in the continentalshelf of the East Division, the Diaoyu Islands and the Okinawa trough differences on;secondly, analysis of the importance of theDiaoyu Islands issue, because the Diaoyu islandslocated in the equidistant line, plus its sovereignty is unknown, it is on continental shelf of theEast China division of the crux of the problem; finally on the Diaoyu Islands Dispute and putforward pinions, to effectively solve the Sino-Japanese East China Sea continental shelf to provide reference opinions. The author from the three processing methods (full effectiveness,effectiveness, half zero effect) explains,that give Diaoyu Islands zero effect is the bestmethod to solve the dispute.