Research On The Legal Status Of The Oceanic Islands In Mainland Countries

In the international law of the sea,the importance of Archipelagic theory is self-evident.The theory of Archipelagic theory is long-standing,first appeared in the middle of the nineteenth Century,and gradually formed in the latter half of the twentieth Century.Among them,the islands country system has developed maturely,is included in the category of "regulation" of the United Nations Convention on the law of the sea.However,the "Convention" and related existing international laws,the legal status of the mid-ocean archipelago is not clear.This paper aims to combine the archipelago country system,and summed up the practice by the countries have the mid-ocean archipelago to study this legal gaps,mainly focus on the delimitation of the baseline of the mid-ocean archipelago,and legal status in the surface waters of the baseline.Finally,linking theory with practice,try to take the conclusion of the study,looking the mid-ocean archipelago as a whole,and applied the demarcation line to the baselines of the territorial sea,to South China Sea Islands on the delimitation of the territorial sea.This paper is divided into four parts:Chapter one:An overview of the islands and the mid-ocean archipelago.Discuss mainly around these parts:the definition of the legal concept of islands,and the legal status,islands,the mid-ocean archipelago;legal system related theory and islands;the Third United Nations Conference on the law of the sea,the differences between the in favor of putting the theory of Archipelagic theory into the mid-ocean archipelago and the opposition,as well as the Convention did not concluding on the the legal status of the mid-ocean archipelago.The second chapter:To explore the baseline system of the mid-ocean archipelago should be applicated.In negating the mid-ocean archipelago can be applied the baseline system of Archipelagic,further analysis for the mid-ocean archipelago baselines.The premise is the entirety of the mid-ocean archipelago,and combined with the practice of the mid-ocean archipelago countries,demonstrates the the mid-ocean archipelago as a whole,to applicated to the straight baseline,has a rule of customary international law or under the direction of development.Finally,analysis the constraints in the mid-ocean archipelago applicated to straight baselines.The third chapter:Analysis the legal system of the waters in the baseline of the mid-ocean archipelago.Mainly by reference to relevant international laws and regulations on the legal status of the coastal islands and the islands' internal waters in the baseline,and the state practice who have the mid-ocean archipelago,from the macro view,to creat the basic framework of the legal system of the waters in the baseline of the mid-ocean archipelago.The fourth chapter:Analysis of taking the result of the study that look the mid-ocean archipelago as a whole,and applicated to the straight baseline,to designate for the South China Sea Islands territorial sea baseline,and determine the legal status of internal waters of the baseline,and focuses on the analysis of the legal status of the Spratly Islands.