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Analysis On The Legal System Regarding Territorial Sea Baseline Of Outlying Archipelagoes

Posted on:2017-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:X XieFull Text:PDF
GTID:2296330503959206Subject:international law
Abstract/Summary:PDF Full Text Request
The legal position and the right of the outlying archipelagoes of continental countries in international law has been controversial in international law field,however, the above question has not been clearly defined and concluded in international law level. As international law is an evolving and changing discipline and the South China Sea islands are also outlying archipelagoes of continental country, this Article tries to put forward proposal for the construction of outlying archipelagoes that the legal system to resolve the South China Sea to provide new ideas in the South China Sea region.The first part introduces a problem which is discussed by many scholars of international law in China at present. Many scholars try to apply archipelagic baselines theory under Article 47 of the United Nations Convention on the Law of theSea to the delimitation of the South China Sea area. The Author would like to discuss the feasibility of the above claims in the first part of this Article.The second part of this article is actually an expansion of the first part of this article. Theoretically speaking, the archipelagic baseline in fact belongs to a straight baseline, or, in other words, the archipelagic baseline is the application of straight baseline in the archipelagic state waters. The Author would like to analyze the feasibility of application of straight baseline in outlying archipelagoes of continental countries from the perspective of international customary law by introducing the Fisheries Case and studying legal practices in many continental countries.In the third part, the Author would like to introduce the geography situation of the South China Sea and analyzed and summarized the general principles of maritime delimitation involved in United Nations Convention on the Law of the Sea to maritime delimitation.In the fourth part of this article, the Author will apply the above conclusions in building the legal system of archipelagic waters in South China Sea. The Author will discuss the nature of the baseline of outlying archipelagoes and the waters within the baseline.
Keywords/Search Tags:Outlying Archipelagoes, Archipelagic States, Customary Law, South China Sea, Straight Baseline
PDF Full Text Request
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