Research On The Rights And Obligations Of The State Party Before Delimitation Of Disputed Maritime Zone

Article 74(3)and Article 83(3)of the United Nations Convention on the Law of the Sea(UNCLOS)stipulate two obligations of the state party before the delimitation of disputed maritime zone.However,the connotation of the two obligations is unclear.The UNCLOS also does not stipulate whether the state party can take unilateral actions in disputed maritime zone before the final delimitation agreement is reached.As a result,there is a lack of clear international law guidance for the actions of the state party in the disputed maritime zone,and international judicial bodies may have different discretion standards when applying this article to adjudicate cases.With the decrease of land resources,the strategic position of Marine resources has become increasingly prominent,and the country has a strong realistic demand for ocean development and utilization and Marine scientific research.Therefore,it is necessary to clarify whether the state party can take unilateral actions in the disputed maritime zone and how to fulfill their obligations under international law before reaching an agreement on delimitation.The clarification of this issue will help guide the state party to the dispute in their review of the actions to be taken,so as to strike a balance between the exercise of rights and the fulfillment of obligations.It will also help the international judicial bodies to unify the standard of discretion.Especially with the proposal of the concept of maritime community with a shared future,in the international background of maritime delimitation disputes between China and many neighboring countries,this thesis provides theoretical guidance for China to exercise its rights in the disputed maritime zone and abide by its obligations under international law in light of China’s basic position of "shelving disputes for joint development".A coastal state enjoys sovereign rights and jurisdiction in its undisputed exclusive economic zone and continental shelf.Through the case study of international judicial bodies,the state party also enjoy certain rights in the exclusive economic zone and continental shelf where the delimitation disputes exist.However,the exercise of rights should meet the corresponding conditions and take due account of the interests of the other state party in the disputed maritime zone.Therefore,the exercise of rights should not exceed the necessary limits and boundaries.The state party before the delimitation of disputed maritime zone have a positive obligation to make every effort to enter into provisional arrangements of a practical nature,and a negative obligation not to jeopardize or impede the conclusion of a final delimitation agreement.The state party should try their best to reach provisional arrangements based on the principle of good faith.In view of the background and purpose of the United Nations Convention on the Law of the Sea,provisional arrangements between the state party are not required to have legal effect.The obligation not to harm or obstruct prohibits state party from engaging in acts detrimental to the interests of other state party and causing permanent damage to the Marine environment in the disputed maritime zone.On the fulfillment of obligations,we should carry out consistent good faith consultations with neighboring countries and actively promote the achievement of practical interim arrangements.On the other hand,in the exercise of rights,even if no interim arrangement has been reached,China cannot give up the resources in the disputed maritime zone,but can carry out appropriate development activities and actively develop and utilize the Marine resources on the premise of not causing permanent physical changes to the Marine environment.