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The Issues Of "Relevant Coast" In International Maritime Delimitation

Posted on:2021-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:H M HuangFull Text:PDF
GTID:2416330647450065Subject:Law
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Created by the judicial practice of international maritime boundary delimitation,the concept of “relevant coast” plays an important role in every step of “maritime delimitation methodology”.However,due to the lack of uniform and detailed statutory law and other legal sources,the intendment and the identification,simplification,and measurement standard of “relevant coast” is still unclear and indefinite yet.The thesis serves two purposes.The first purpose is to clarify the intendment of “relevant coast” theoretically.The second purpose is to figure out the identification,simplification,and measurement standard of “relevant coast” in international cases,and to provide references for China's maritime delimitation practice.Taking international maritime delimitation cases as the main research object,the thesis clarifies the role of “relevant coast” in each step of the “methodology of maritime delimitation” first.After that,it sorts out how the international judicial institutions identify,simplify and measure the “relevant coast” in specific cases,and how they identify and calculate the “relevant area”.Finally,it analyzes the connotation of “relevant coast” and puts forward the solution.Through the research of the role of “relevant coast” in the “methodology of maritime delimitation”,the thesis finds that the length disparity of “relevant coast” of the parties is likely to be identified as “relevant situation” and to lead the provisional equidistance line to be adjusted.Therefore,in the delimitation of the Yellow Sea and the East China Sea,China should take the advantage of coastline length,and advocate for using the length disparity of “relevant coast” be as “relevant circumstance”,so as to expand its maritime area.Through the research of identification,simplification,and measurement standard of “relevant coast”,the thesis finds that the coast of an ocean island may play an important role in delimitation,but only if the island is large enough to sustain human habitation and economic life can its coast be identified as the “relevant coast” of delimitation.Therefore,in the delimitation practice of the South China Sea area,China should take corresponding measures to make the coast of our islands here identified as “relevant coast”,so as to strive for a larger scope of maritime rights.Through the research of identification and calculation of “relevant area”,the thesis finds that the indefinite scope of “relevant area” leads to a low predictable measurement result of it.So that the disproportionality test can only play a limited role under low accuracy requirements.Through the research of the “relevant coast” intendment,the thesis suggest the application scenario of “relevant coast” to be divided into two parts,i.e.,when “relevant coast” acts as the ontology of seaward coastal projection,it refers to the range of a section or sections of coast relevant to the demarcation;when “relevant coast” acts as the measurement object,it refers to one or more sections of continuous straight lines or curve lines that are easy to be measured after being simplified.The thesis also proposes to the international judicial bodies that they could use the map of “relevant coast for measurement” to replace that of the “relevant coast”.In this way,as a reference to the scope of itself,the concept of “relevant coast” will only appear in the texts part of the judgments,and the simplified “relevant coast” measuring the length of itself will only appear on the map part of the judgements.Hence the inconvenience caused by the vague meaning of “relevant coast” can be resolved without causing prejudice to the precedents.
Keywords/Search Tags:relevant coast, relevant area, maritime boundary delimitation, international adjudication
PDF Full Text Request
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