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Analyzing Of Dispute Of Sino-Japanese In East China Sea From International Law Perspective

Posted on:2015-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y P HuFull Text:PDF
GTID:2266330428498449Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the East China Sea dispute has caused widespread concern in theinternational community, for it involves a wide range, it includes the sovereignty disputeover the Diaoyu Islands and the dispute of continental shelf delimitation, which concerns China’ssovereignty and territorial integrity, it has a good practical significance to elect this topic.The rich oil reserves of the East China Sea is the direct fuse of the dispute, theeffectiveness of the Diaoyu Islands and Okinawa Trough in the demarcation and thedifferent claims between China and Japan are the central issues of the dispute. Japan isentitled to claim the ownership of the Diaoyu Islands and maintains "equidistant mediumline" principle to divide Sino-Japanese continental shelf of East Sea, China advocates thatthe Diaoyu Islands are Chinese inherent territory and maintains "extend naturally"principle. The two sides can not reach an agreement, China has refuted the Japanese sideclaims separately from historical records and legal aspects. The article has analyzed thedispute from the perspective of International Law, it elaborates respectively from herelevant provisions of the Law of the Sea Convention, the application of demarcationprinciple and the relevant international judicial Comment practice, it also has interpretedthe uncertainties related to the relevant rules of the United Nations Convention on the Lawof the Sea, raised the necessity for further improvement of the Nations Convention,suggested that China should raise the awareness of marine rights and improve domesticlegislation of the Law of the Sea, gradually build a Chinese voice in the development ofmarine, at the same time, adhere to the principle "Shelving disputes and joint development"solution prior to resolve the dispute by force.
Keywords/Search Tags:Sovereignty over the Diaoyu Islands, delimitation of Continental shelf, Demarcation principle, Law of the Sea improvement, Marine rights
PDF Full Text Request
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