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Legal Analysis of the East China Sea continental shelf delimitation

Author: GaoFeng
Tutor: ZengTao
School: China University of Political Science
Course: Legal
Keywords: Continental shelf Continental shelf delimitation The principle of fairness 618 consensus
CLC: D993.5
Type: Master's thesis
Year: 2009
Downloads: 345
Quote: 1
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Abstract


Sino-Japanese East China Sea continental shelf dispute for a long time, now, this issue has always been not been completely resolved from the last century, the 1970s, the two countries established diplomatic relations. With the exploitation of the East China Sea continental shelf resources to accelerate, the Sino-Japanese East China Sea continental shelf dispute is becoming increasingly grim. After several rounds of consultations, the two three principled consensus reached on June 18, 2008. A Sino-Japanese East China Sea issue has once again become the focus of attention at home and abroad, the parties mixed the contents of the consensus, today. Given the strategic significance of the East China Sea oil and gas resources for economic development in China and Japan, the East China Sea dispute to maintaining regional peace and realize the proper settlement of the practical significance, this paper will start from the legal concept of the continental shelf and the basic system, the history of Sino-Japanese East China Sea continental shelf dispute review settlement of disputes based on legal analysis and dispute resolution countermeasures judged to conduct a comprehensive in-depth inquiry, be beneficial to the settlement of disputes of the Sino-Japanese East China Sea continental shelf, and earnestly safeguard the country's maritime rights and interests. The full text is divided into four parts in addition to conclusions. Part I: an overview of the continental shelf. This part of the first described on the legal concept of the continental shelf, and the legal concept of the continental shelf and the legal system, a brief introduction on the basis of the 1958 Convention on the Continental Shelf and the 1982 United Nations Convention on the Law of the Sea on the continental shelf the definition and delimitation of the continental shelf shall be described. Part II: the Sino-Japanese East China Sea continental shelf delimitation. This part of the first a brief introduction to the geography and geology of the East China Sea continental shelf, and recalled the origin of the Sino-Japanese East China Sea continental shelf dispute, both China and Japan on the demarcation of the East China Sea continental shelf claims described on this basis. Part III: the legal basis of the Sino-Japanese East China Sea continental shelf delimitation. This part of the first proposed the principle of fairness is the basic principles of the Sino-Japanese East China Sea continental shelf delimitation, followed by the application of the principle of fairness should consider two important factors - a natural extension of proportionality was introduced, and finally pointed out that in the East China Sea continental shelf delimitation using the equidistance method is contrary to the delimitation of the continental shelf of the principle of fairness. Part IV: Sino-Japanese East China Sea continental shelf dispute solutions and the latest development. This part of the first Sino-Japanese East China Sea continental shelf dispute several solutions, and focuses on the interim arrangements \The Xing consensus brief introduction and evaluation. A brief summary of the main points of the full text of the conclusions.

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CLC: > Political, legal > Legal > International law > Territory > Law of the Sea
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