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The Continental Shelf Dispute of Sino-Japanese in East China Sea and the Prospect under International Law

Author: LiHuiLing
Tutor: ZhangJianCheng
School: Shaanxi Normal University
Course: Political Theory
Keywords: international law China and Japan continental shelf East China Sea
CLC: D993.5
Type: Master's thesis
Year: 2005
Downloads: 515
Quote: 3
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Abstract


China and Japan are influential country in Asia and world, They have close connection because economic and geography. But in recent years, relations between the two countries appear "cold politics and hot economy" because of historic and present reason, and the lack of mutual trust in politics has passive influence on economy finally. The continental shelf battle of Sino-Japanese in East China Sea makes the relation between two countries worse. Today, the energy plays a greater and greater role, China and Japan can’t give up easily the interests, the continental shelf dispute in Sino-Japanese in East China Sea will be a difficult problem that can’t be avoided. The article proves the science of the natural extension principle and the unsuitability of equitable principle by studying international law norm, the principle of international law and the continental shelf case of North Sea, In 21st century, peace and development remain the themes of the times, Under the international situation emphasizing mutual benefit, It has great realistic meanings studying the continental shelf battle under international law and trying our best to resolve peacefully.It includes three parts text except foreword and summarize:The first part: The continental shelf battle of Sino-Japanese in East China Sea. author introduces geography and resource about the continental shelf at first, secondly illustrates that China insists on natural-extending principle and Japan insists on equitable principle, analyses the dispute focuses of two countries finally.The second part: Norm to the continental shelf of international law. This part is an analytic angle and tool of an article. This part focuses on two relevant laws, the continental shelf case of North Sea and the principle of international law.The third part: The prospect of the continental shelf battle of Sino-Japanese in East China Sea. This part is a focal point of a thesis. On the basis of preceding paragraphs, put forward some one’s own views. Point out four kinds of possibilities that the dispute develops: Get rid of the first two possibility, analyse the last two . And pointes out the premise is to insist on sovereign rights, way is to negotiate and resolve peacefully, realizes "shelving the dispute, going in for joint development" finally. This is a kind ofmethod of benefit resources effectively and politics trust under the international situation peace, development and mutual benefit, it is by far the most realistic and practical way for handing the dispute, too.The characteristic of this thesis lies in three aspects. Firstly, this text regards international law as the visual angle. Author analyses legal norm , typical case and some international law principles. Secondly, author pointes out the realistic prospect of the dispute in the conclusion, provides analysis from prerequisite, way and method. Thirdly, methods used in the paper include induction, deduction and concrete analysis of concrete conditions etc on the base of historical materialism.

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