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Analysis on "The East China Sea Consensus" and Recommendations of the East China Sea Joint Exploitation

Author: ChiYuanDa
Tutor: XueGuiFang
School: Ocean University of China
Course: Integrated management of marine resources equity
Keywords: China and Japan Consensus on East China Sea Joint development United Nations Convention on the Law of the Sea
CLC: D831.3;D993.5
Type: Master's thesis
Year: 2010
Downloads: 214
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Abstract

East China Sea demarcation dispute for a long time, the delineation of legal, political, economic, military and other multi-area, multi-stakeholder involved. After a long period of exploration and after difficult negotiations, China and Japan on East China Sea joint development of a specific block to reach an understanding. "Understanding" reached in a matter of wide concern, the views of different parties. It is undeniable that the "joint development" in the political, military, broker, diplomatic, legal and other dimensions have a positive impact, but also inevitable that the two sides touched upon the "inherent" advantage, especially to China caused by a certain degree of negative impact is not conducive to future negotiations and joint development of the embodiment of fairness. In this paper, the "joint development" to analyze the case in light of international law On the "consensus" of China’s positive and negative affect, and taking into account the practice of the international joint development between China and Japan on how to explore the joint development.First of all, the articles explore the development from the emergence and development of start with the definition of joint development, such as the legal basis for systematic interpretation of Sino-Japanese joint development of theoretical support. Geographical environment and then combining the East China Sea, the continental shelf between the two countries on the definition and delimitation of the differences between the principles of political, military and other factors set out in the East China Sea issue on the origin and development, and export between the two countries jointly develop the status quo based on the history and the inevitable choice.After arduous negotiations arising from the Sino-Japanese "reached the East China Sea" is a joint development between the two countries on the East China Sea an important breakthrough in the practice and history. "Consensus" between the two countries in the principles of international law under the guidance of "shelving disputes and seeking common development, " the reality of practice, "consensus" to promote the Sino-Japanese energy cooperation, to ease the Sino-Japanese relations, the maintenance of regional stability, the future of the East China Sea issue laid a foundation for a comprehensive settlement. However, through the joint development of international law and analysis of international practice, the "consensus" there are aspects worth exploring. Japan and South Korea joint development on the case of the East China Sea, Australia and Indonesia on the Timor Gap case of joint development of Sino-Japanese joint development of important reference value. An important prerequisite for the joint development is the common choice of the development of the region, the two sides on the joint development of regional differences is the choice of the Sino-Japanese joint development has long been an important reason for stagnation in the negotiations. Through the practice ’of international law and national research can be concluded that:the common zone must be defined in the framework of the sea disputes. Therefore the Sino-Japanese East China Sea continental shelf as defined in the common development zones in China and Japan will be the "middle line" to the axis of the Okinawa tank within the scope of the disputed sea area. The "consensus" will be the joint development area in the "middle line", which is not only inconsistent with international practice, it is the future of the East China Sea would adversely affect the negotiations. Through the current development of international maritime delimitation, demarcation between the two countries that combined, the article on "the principle of fairness" under the line of demarcation of the two sides discussed the idea that the "boundary" should be taking into account the ratio of the length of coastline, the seabed topography, history and culture and other "relevant circumstances" to adjust the area of the two sides of the median line controversy and recommends that the common development of the region should focus on the "boundary" around. Subsequently, the article through the three zones of the common management model analysis of co-management consultations, establishment of a joint management of national jurisdiction and geographical division of the East China Sea in Sino-Japanese joint development of the application to do a feasibility analysis. With a view to the formation of an initial joint development program. The purpose of theoretical research practice guidelines, through the above analysis on various issues, the article on how to maintain China’s national maritime rights and interests, the initiative for the East China Sea talks were proposed.Throughout the article to the analysis of international law and’ practice of the international joint development of reference, drawing on the basis of Sino-Japanese "reached the East China Sea, " the pros and cons of analysis, combined with the status quo of Sino-Japanese East China Sea East China Sea in Sino-Japanese joint development of prospects and forecasts.

Analysis on "The East China Sea Consensus" and Recommendations of the East China Sea Joint Exploitation

Abstract

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