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Analysis On The Maritime Boundary Delimitation Of The Yellow Sea Between China And Korea In International Law

Posted on:2019-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:J X LiFull Text:PDF
GTID:2346330545480216Subject:Law
Abstract/Summary:PDF Full Text Request
As both China and Korea proclaimed EEZs and the continental shelf in the Yellow Sea and in the East China Sea where the width between the nearest coasts of the two countries is less than 400 N.M.,the need for delimitation of boundaries has arisen.China has argued for the application of equitable principles for the boundaries in the Yellow Sea,whereas Korea argued for the application of the equidistance-special circumstances principles.It was in 1997 when the two countries embarked upon bilateral consultations for delimitation of boundaries of their EEZs and the continental shelves.And the consultation is still under way.This thesis is aiming at solve the problem of principles applied in the progress of maritime delimitation between China and Korea in the Yellow Sea,in the context of a single EEZ and continental shelf delimitation,with the method of consultation.First,this thesis proposes the application of the "two-step approach" for the maritime delimitation of China and South Korea in the Yellow Sea,complying with underlying equitable principles,in order to reconcile the conflicts between the two states.Equitable principles obliges states to achieve an overall fair apportionment of marine space and resources,which is a law of a truly mandatory nature.During consultations,however,it is recommended that the starting point should be a preliminarily agreed upon,provisional and negotiable line of delimitation,often based upon equidistance,but any method may be used.Parties should then,guided by equitable principles and recognized relevant circumstances,seek the achievement of mutual modification through a bargaining process.Chinese government has pointed out that only in the condition of applying equitable principles that equidistance line could be accepted.Secondly,based on a large number of case studies,treaties,and doctrines,this thesis will summarize the "relevant circumstances" such as relevant coastline lengths,base points and baselines,natural resources,historic rights,and actual control actions that can be used in delimitation,and analyze the possible considerations in the International Court of Justice and International Arbitration Tribunal of them.On this basis,the relevant circumstances that can be used in the adjustment of the temporary equidistance line in this case are further proposed,including additional delimitation basepoints,the imbalance in the length of the coastline,and the allocation of fisheries and mineral resources,historic rights and security interests,freedom of navigation,etc.Third,this thesis analyzes the necessity and feasibility of resolving the delimitation problem through consultation and how the equitable principles should be used in the progress.A single maritime delimitation,an unbroken boundary to separate different overlapping sea areas,such as exclusive economic zones and continental shelf zone within 200 n.m..This thesis analyzes the feasibility and advantages of its application in the maritime delimitation between China and South in the Yellow Sea.The successful experience in the single delimitation of Beibu Gulf between China and Vietnam can also be regarded as reference in the maritime delimitation between China and Korea in the Yellow Sea.If difficulties arise in applying and interpreting the relevant laws concerning the delimitation,it is hard to continue the consultation.The states can submit the technical issues to the International Court of Justice or the International Arbitration Tribunal,and then continue to conduct delimitation consultations on this basis.In this way,the judgment is limited to the legal issues raised by both parties,without determination of the final boundary between the two countries.On the one hand,the judgment clarified the application of the important legal norms in the dispute settlement.On the other hand,it leaves space for the states to negotiate and solve the delimitation issues.
Keywords/Search Tags:Single Maritime Delimitation, Equitable Principles, Equidistance Principles, Maritime rights
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