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Geographically Disadvantaged States Under The UNCLOS:legal Perspective

Posted on:2020-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhangFull Text:PDF
GTID:2416330578450613Subject:International Law
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The “geographically disadvantaged States”,as a new product,has caused widespread debate in the world after the establishment of the United Nations Convention on the Law of the Sea(UNCLOS).The “geographically disadvantaged States” has been given special significance,not only because it is a new concept that has never been seen before,but also because it has countered the growing jurisdictional power of the coastal State to some extent.In recent years,with the increasing attention of countries to marine resources,the maritime disputes have become increasingly fierce between China and its neighboring countries,it requires us to fully understand the “geographically disadvantaged States” in such situation,in order to use it to safeguard China's maritime rights and interests.However,at the present stage,not only there isn't in-depth academic research on this issue in China,but also little systematic introduction to the UNCLOS.This paper attempts to make a comprehensive and in-depth analysis of this system so as to provide new ideas for China in solving maritime disputes.The first chapter of this paper systematically studies the provisions of the UNCLOS on the geographically disadvantaged States,starting from the form of the articles and the main contents;According to the basic content of the first chapter,the second chapter specifically analyzes the legal issues existing in the provisions of the UNCLOS on the geographically disadvantaged States;The third chapter is problem-oriented.Through the multidimensional comparative analysis of different countries' claims at the present stage,it draws the positions that countries hold on these issues.These claims include that the criteria of the geographically disadvantaged States should be specific and diversified,and that the rights enjoyed by geographically disadvantaged States should not be limited to “participate in the exploitation of an appropriate part of the surplus of the living resources in the exclusive economic zone of coastal states”;In the last chapter,based on the UNCLOS and the various claims of different countries on the geographically disadvantaged States,a comprehensive identification method should be adopted for thegeographically disadvantaged States,and a conclusion is drawn that China is a developing geographically disadvantaged States.At the same time,it demonstrates the relevant maritime rights that China can claim and puts forward preliminary suggestions on the realization of rights.
Keywords/Search Tags:Geographically Disadvantaged States, UNCLOS Article 70, National Maritime Rights
PDF Full Text Request
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