The Research On Motivation And Method Of China's Maritime Delimitation

The 21 st century is the century of the ocean,and maritime delimitation is the most dynamically issue in the international law of the sea.Owing to the fact that comprehensive factors such as economic globalization,competition for resources,relations between major states,and geopolitics have made the issue of maritime delimitation increasingly complex and diverse,China is in an increasingly unfavorable position in the maritime delimitation dispute with neighboring states.As the proposal of China's strategy of maritime power and China's initiative of the 21 st Century Maritime Silk Road has gradually entered the stage of practice,China puts forward higher requirements for safeguarding its own maritime rights and interests.The international practice of resolving maritime delimitation disputes provides a practical basis and path choice for China and its neighboring states by peaceful settlements.Therefore,it is necessary that carrying out empirical research on the international maritime delimitation practice and the issue of maritime delimitation between China and its neighboring states by exploring new developments and new trends in the theory of international maritime delimitation,and seeking a reasonable solution to the issue of maritime demarcation between China and its neighboring states.The purpose of the paper is not to provide a specific operational guideline for maritime delimitation under the perspective of New Institutional Economics.The paper takes New Institutional Economics as the starting point,and expands the research ideas and methods of the maritime delimitation between China and its neighboring states based on inherited research results at home and abroad.The thesis is divided into 5 chapters to discus.The chapter 1 is the introduction of the thesis.It mainly introduces the background and significance of the topic selection,research status at home and abroad,research thoughts and methods,as well as innovation and deficiencies of the thesis.The chapter 2 is the motivation and changes of China's maritime demarcation.First of all,it introduces Mahan's Sea-Power Theory and the establishment of the world sea power system.Secondly,it analyzes the conflicts between agricultural civilization and marine civilization in modern China and the reasons for the failure of agricultural civilization.Thirdly,in the era of the great rejuvenation of the Chinese nation and initiative of the 21 st Century Maritime Silk Road,searching for the economic,political,and cultural motives for China's maritime delimitation.The chapter 3 is an empirical study of the New Institutional Economics of maritime demarcation between China and its neighboring states.The paper seeks to break through the research trends of historical analysis and comparative analysis in the field of maritime delimitation,and adopts empirical analysis methods.First,it mainly uses the transaction cost theory,institutions theory,and institutional change theory in the New Institutional Economics as a theoretical basis;second,it empirically analyzes the disputes over the demarcation of the Yellow Sea,the East China Sea and the South China Sea.It also elaborated the background and influencing factors of China's current maritime delimitation disputes,and pointed out the obstacles and problems therein.Third,it demonstrates the legitimacy of China's maritime rights and interests in the Yellow Sea,East China Sea and the South China Sea.The chapter 4 is the path choice for China to solve the issue of maritime demarcation.On the basis of the previous analysis,it draws on the practical experience of overseas maritime delimitation and the path selection of maritime demarcation.The paper proposes 3 suitable paths for China in the issue of maritime delimitation.First path is that selectively using the formal constraint in institutions--the use of legal methods;second path is that effectively using the formal constraint in the process of institutional change--insisting on political methods such as negotiation;third path is that actively using the informal restraint in institutions--building the 21 st Century Maritime Silk Road.The chapter 5 is the conclusion.It summarizes the argumentation and analysis of the thesis and proposes issues that need further study.