Study Of Legal Basis In China’s Maritime Delimitation Disputes With Neignboring Countries

Since the proposal of“strategy of reinvigorating China through ocean” was raised in the Eighteen National Congress of Communist of China, China has put forward higher requirements on marine resources exploitation, marine ecology protection and maritime rights and interests safeguard. However, owing to insufficient attention in China’s traditional concepts paid to ocean, America’s pivot back to Asia strategy as well as speculation of some countries around China, China’s surrounding maritime delimitation disputes become more complicated and international gradually, particularly after October 27 when America’s USS Lassen missile destroyer illegally broke in adjacent ocean of relevant islands around China’s Nansha Islands, which poses a huge challenge to the sovereignty of the South China Sea and China’s maritime rights and interests. As a result, it is necessary to explore new development and new trend of international maritime delimitation theory through empirical research on maritime disputes between China and her neighboring countries as well as international maritime delimitation cases, to find out a proper way to solve maritime disputes, which is exactly the main purpose of this study.The research methods in this paper are mainly empirical analysis, history analysis and quotation of abundant international agreements, international cases and viewpoints of scholars.The paper primarily expounds cases and practice related to international maritime delimitation;discusses new theories and new trends in international maritime delimitation; makes legal analysis on maritime delimitation disputes between China and her neighboring countries;analyzes the historical and legal basis proposed by China; puts forward the measures to strengthen China’s management on the disputative sea waters and solutions for delimitation,so that examples for China to maintaining maritime rights and interests can be set.The innovation point in this paper is analyzing the judicature and arbitration cases in international maritime delimitation with the empirical approach, so that new theories and new trend of international maritime delimitation can be found. Meanwhile, according to the stipulation in the United Nations Convention on the Law of the Sea, it proposes the method for maritime delimitation for the South China Sea. Furthermore, on the basis of newest judicialization trend of international maritime delimitation disputes and the important positionof equidistance/special case principle in international maritime delimitation, the paper suggests that China should consider solving the maritime delimitation issues around China through international judicature and arbitration to protect China’s legal maritime rights and interests on the basis of the equity principle and guidance of bilateral negotiations.