| The 1982 United Nations Convention on the Law of the Sea,in response to the use of maritime space,established a comprehensive legal framework system that incorporates customary international law rules,combined with natural science and technology applications,and established clear legislation for the rights and obligations of coastal States specification.The United Nations Convention on the Law of the Sea contains one preamble,17 parts,320 articles,and 9 annexes and 4 resolutions.The focus of the thesis focuses on the provisions of Articles 76 to 85 of the Convention on the continental shelf system of coastal countries.In particular the study on the concept of "natural prolongations" and its effect as the primary principle of the demarcation of a continental shelf in particular,referred to in article 76.1.In recent years there is much controversy for that how to apply natural prolongation to deal with different geological background of marine delimitation of continental shelf,and to clarify its effectiveness in the continental shelf demarcation,in the international community.Particularly in dispute concerning delimitation of the maritime boundary between Bangladesh and Myanmar,which was the first case adjudicated by the International Maritime Tribunal in 2012.In judgment,the court not only denied the Principle effect of the natural prolongation which established since 1969 North Sea continental case,but also proposed a new standard for the demarcation of the continental shelf of 200 nautical miles(nm)“outer edge of the continental margin”,claiming that as long as the coastal State can require 200 miles of sovereignty over the continental shelf,based on the outer edge of the continental margin,without regard to the geomorphology of its continental shelf.This is a weakening trend in the current application of the principle of natural prolongation of the international community.In particular the new interpretation of the demarcation of the continental shelf beyond 200 nm and the expansion of its continental shelf for narrow continental shelf countries,its questioned resulting in the possibility of illegal demarcation of disputes.Therefore,this article will start from the legal origin and evolution of the concept of "natural prolongation",combined with the delimitation of the continental shelf system,especially through the analysis of a series of international judicial practice and theoretical research,combined with the first dispute about delimitation of the continental shelf beyond 200 nm,Bangladesh/Myanmar case,the specific situation in the geographical situation,case facts of the Bay of Bengal and the process of the judge's demonstration.Comparing the "natural prolongation " with the " outer edge of the continental margin ",to analysis,the current natural prolongation principle applies to the legal effect of demarcation of the continental shelf beyond 200 nm.This paper is divided into four chapters:The first chapter starts from the concept and system development of the continental shelf,and gives a brief overview of the provisions of the continental shelf system in the Convention,especially the determination of the continental shelf beyond 200 nm.And points out the main methods of demarcation of the continental shelf.At the same time,with the latest case of the delimitation of the International Maritime Tribunal-Bangladesh/Myanmar case,to analysis and briefly introduced the question of the jurisdiction,right basis and delimitation of the continental shelf beyond 200 nm.According to the claim of the mainland continental shelf beyond 200 nm,the attitudes of the parties and the main dispute points of the dispute are analyzed,which can be used for reference to other countries.The second chapter mainly analyzes before the Bangladesh/Myanmar case,the development of the natural prolongation of the international community on the demarcation of the continental shelf beyond 200 nm,and its role as a basic principle of rights basis and demarcation in the continental shelf system.Combined with the recommendations of the UN Commission on the Limits of the Continental Shelf in the past on the demarcation of the continental shelf beyond 200 nm,summarizing the main influencing factors of the natural prolongation principle in the specific application.Especially in the 1970 s,the emergence of a number of cases of "the retreat from the natural prolongation",through its decision study and deductive induction reasoning found that the final decision in the natural prolongations still the principle of the demarcation of the continental shelf,but the premise is the determination of a distance of 200 nm or the coastal context of a common national shelf of a coastal state,or the application of a distance criterion,or as a demarcation argument,does not imply that the Court's denial and rejection of the principle is consistent with the provisions of international law.The principle of the legislative purpose itself can not be blindly discussed as the principle itself is replaced.The third chapter compares the principle of natural prolongation with the new standard of demarcation of the continental shelf beyond 200 nm from the Bangladesh/Myanmar case-the application of " outer edge of the continental margin ".Through the analysis of the theory of natural prolongation and weakening,this paper makes a comparison between the two models on the connotation and application process of the " outer edge of the continental margin ",and finds out whether,regardless of the purpose of legislation,the effect of law or the effect of the law.Natural prolongation is not only not replaced by the alternative,but still the "outer edge of the continental margin " applicable to the premise and the basis of arbitrary application of the rules into the principle but in the law and the specific application of the guidelines indiscreet.The fourth chapter will be based on the above discussion,combined with China,Japan,South Korea,in the East China Sea region on the outer continental shelf dispute analysis,pointed out that Japan has been changing the principle of continuous intermediate line unreasonable and China should always adhere to the natural prolongation of the basic principles.And put forward the rationalization proposal for the protection of maritime rights and interests in the mainland continental shelf beyond 200 nm.With the development of detection technology in the continental shelf beyond 200 nm,its rich resource value advantage has been paid close attention,and a new round of "blue enclosure movement" has emerged.And the ITLOS at this time through the Bangladesh and Myanmar in the Bay of Bengal dispute made 200 sea miles outside the continental shelf demarcation of the first judgment,whether the principle of natural prolongation in the demarcation of continental shelf beyond 200 nm play a milestone role.Whether the " outer edge of the continental margin " criterion poses another strong support for the theory of the retreat of the principle of natural extension,and whether there is an impact on the claim of the mainland continental shelf of 200 nm,and so on.Political standpoint and international law advocates of great significance,the formal status and legal effect of the natural prolongation of the demarcation of the continental shelf beyond 200 nm offshore is worthy of our serious study. |
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