Research On The Method Of Maritime Delimitation Of "equal Distance + Relevant Situation"

In 1958,the Convention on the Territorial Sea and the Contiguous Zone and the Convention on the Continental Shelf provided for the Equidistance / Special Circumstances Rule,making it a treaty rule for maritime delimitation.However,later in the international society,the Equitable Principles / Relevant Circumstances Rule gradually developed,which become the rule of Exclusive Economic Zone and Continental Shelf delimitation in Customary Law.The Equidistance / Relevant Circumstances approach is one of methods for embodying the Equitable Principles / Relevant Circumstances Rule,often seen in international judicial practices.This paper is focused on how to use this approach in maritime delimitation instead of when.To delimit maritime areas by Equidistance / Relevant Circumstances,the first step is to establish a provisional equidistance line.Here the relevant coasts of the States concerned shall be identified first,and then select the controlling points on the relevant coasts.Choosing base points on islands requires extra attention.The second step is to consider the relevant circumstances.If the existence of relevant circumstances makes the provisional equidistance line obviously inequitable,the provisional equidistance line need to be adjusted.There is no list of relevant circumstances.It should be analysed according to the case.The most frequently considered relevant circumstances are islands,fishery resources,mineral resources and other geographical or social factors.The last step is the test of proportionality,i.e.,the ratio of the extent of area appertaining to the States concerned should be similar to that of the lengths of their respective coastlines.It is a criteria to test the equity of the delimitation results.If the disparity of coastal lengths of the States concerned is significant,it may well constitute a relevant circumstance.