The International Legal Basis And Rights Of The "grey Area" In The Maritime Delimitation

The "grey area" issue in the maritime delimitation was officially proposed for the first time in the 2012 Bangladesh and Myanmar delimitation case,and the International Ocean Court studied the issue for the first time.A "grey area" is an area lying within 200 nm from the coast of one State but beyond a maritime boundary with another State.As human society continues to explore the marine world and land resources are increasingly scarce,countries around the world are paying more and more attention to marine resources.The conflicts between countries are mainly reflected in the demarcation of the oceans.The theory and practice of delimitation of marine areas is slowly developing,especially in the early stage of its development.Since the continental shelf,the territorial sea,the exclusive economic zone system have not been fully established,there are different situations in which the rights of various countries are different,which leads to overlapping claims.Therefore,in the history of maritime delimitation practice,the issue of "grey area" exists both in the territorial sea and in the exclusive economic zone and the continental shelf.There are many complicated issues of the law of the sea involved in the "grey area".For example,when the continental shelf and the exclusive economic zone system of the two countries overlap in the "grey area",one party advocates the right of the continental shelf of 200 nautical miles according to the principle of natural extension,while the other party advocates 200 nautical miles of exclusive economiczone rights on the basis of distance principle.At this time,the overlapping portions are the seabed and subsoil portions,which are the so-called "grey area".In addition,in many delimitation practices,the choice of demarcation methods is also a big factor affecting the "grey area".The more common one is the delimitation of a single ocean line and equidistance method.In many cases,these two methods of delimitation are sought after by many countries.Regarding the attribution of this region,from the perspective of judicial trials,there is no clear certainty.In the in the 2012 Bangladesh and Myanmar delimitation case,the International Tribunal for the Law of the Sea divided the rights of the parties in the "grey area" in the judgment: Many methods can assign the rights of the country concerned,including reaching a specific agreement or establishing appropriate cooperative arrangements.The parties decide to choose the appropriate way to achieve this.That is,the International Maritime Tribunal has resolved the overlapping "grey area" issue by the parties themselves negotiating to reach a specific agreement.The sub-regional and hierarchical theories in the law of the sea,the delimitation theory,the basis of regional rights claims,and the practice of maritime delimitation agreements are all important factors affecting the "grey area" problem and will affect the final settlement of the problem.This paper also starts from the basic concept of "grey area",starting from the above many factors,through the analysis of the judgment of the court and the arbitral tribunal and the practice of maritime delimitation agreement,to explore a fair and reasonable solution to the overlapping disputes in the "grey area",In the end,this paper will make some thoughts and prospects on the research results of the "grey area" issue,and provide some enlightenment for future delimitation disputes.In addition to the introduction and conclusion,this paper consists of four chapters,which respectively describe the general situation and causes of the "grey area".Secondly,the basic theory of international law in the "grey area" is stated clearly,and This part provides an important legal and practical basis for solving the problem.Thirdly,the rights disputes in the "grey area" are elaborated.According to the analysis of the first two chapters,the most fair and reasonable solution isconcluded which is also the core part of this paper.The contents of each chapter are as follows:The first chapter of this paper is to sort out the historical overview of the "grey area" problem,and to make a preliminary discussion on the attitude of this issue from the maritime delimitation cases and international judicial perspective.Then with the combination of cases analysis and the commonality of various cases,the causes for the "grey area" issue is concluded.On the basis of the reasoning of the first chapter,the second chapter of this paper pushes the basic jurisprudence of the ocean law and analyzes the development history and relationship between the exclusive economic zone and the continental shelf system.It also analyzes the concepts and characteristics of the principle of natural extension and distance standards,as well as the conflicts between the two in practice.This paper explores the impact of the single demarcation theory and the equidistance demarcation on the "grey area" problem.This part gives a more comprehensive summary of the legal basis involved in the "grey area".The third chapter of this paper is a detailed discussion of the rights in the "grey area".With the combination of the legal and delimitation cases,the different solutions of the "grey area" problem are analyzed and discussed one by one,and the advantages and disadvantages of each scheme are evaluated to get the ideal solution.The first three chapters of the fourth chapter of this paper are based on the analysis of the concept,cause and measures of the "grey area",and summarize the previous successful examples get preliminary solution.Especially in the current world facing the maritime disputes,it is hoped that through the discussion of the "grey area" issue in this paper,it will provide some enlightenment for the perfect solution of the future maritime delimitation dispute.In summary,the problems involved in the "grey area" are complicated,and many interests of the countries involved are entangled.In addition,this issue is not uncommon in today's maritime delimitation practice.This paper is based on the relevant provisions of the continental shelf,the territorial sea and the exclusive economic zone system in the oceans,and the practice of demarcation agreements invarious countries as a means to study the rights disputes in the "grey area".From the perspective of maritime rights and interests of the country,it provides an initial fair and reasonable solution.With a view to the study of the law of the sea,it provides some inspiration for the proper resolution of the national maritime delimitation dispute.