Jurisprudential Research On The Method Of Maritime Delimitation

The maritime delimitation method is an important means to resolve maritime delimitation disputes,and its effective operation has an important impact on the resolution of disputes and conflicts arising from delimitation issues between disputing parties,as well as on the sorting and stability of international maritime legal relations.This thesis starts from the problem awareness,takes the real dilemma of maritime delimitation method in practice as the starting point,takes the research paradigm of international jurisprudence as the main logical line,analyzes and summarizes the value system of international law by exploring the ontological nature of international law norms related to maritime delimitation,searches for the value consensus of international law,and finally designs and establishes the maritime delimitation method that can implement the value consensus in a realistic way.In order to respond to the current difficulties faced by the delimitation method,a new form of maritime delimitation method will be designed and established based on a realistic approach.The thesis consists of five chapters: Chapter 1: Study on the basic issues of maritime delimitation methods.This chapter is a study on the empirical state of maritime delimitation methods in the whole system of delimitation dispute handling.Based on the definition of the maritime delimitation method and related concepts,a comprehensive system for dealing with maritime delimitation disputes in the current state,with the maritime delimitation method as the core,consists of disputes,theories and principles related to the maritime delimitation method;Chapter 2: The real dilemma of the maritime delimitation method from the perspective of legal philosophy.This chapter explores the current state of maritime delimitation methods in practice,finds problems and shortcomings through the comparison between the current state and the natural function of maritime delimitation methods,and observes the discrepancy between the natural function and the real state from the perspective of legal philosophy,and abstracts from the real dilemma of maritime delimitation methods the dichotomy of legal sources related to delimitation,the negative externality of the formation of delimitation methods,and the inter-subjectivity of delimitation methods.The third chapter examines the maritime delimitation methods under the ontological dimension of international law.In this chapter,the ontological dimension of international law is used to find out the causes of the current practical dilemma of maritime delimitation methods.Through analyzing the basic and special values of international law,this chapter reveals the contradictory structure of the value orientation of international law and points out that the value orientation of international law oscillates between the state orientation and the international orientation.Due to the active position of states in international practice,the practice relies more on the state orientation,which causes negative externalities in the formation of maritime delimitation methods.This chapter also proposes that the common interests of mankind should be extracted from the community of human destiny as the value orientation to deal with the negative externality formed by the delimitation method;Chapter 5: The maritime delimitation method in the operational dimension of international law;this chapter discusses the ways through which the maritime delimitation method should implement the common interests of mankind in practice to eliminate the negative inter-subjectivity formed in the delimitation practice of zero-sum game from the perspective of the operational theory of international law.Based on the analysis of the operational dilemma of international law,the chapter finds a new way forward for the maritime delimitation approach.