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Perspectives On The Delimitation Of Adjacent Or Opposite Exclusive Economic Zone

Posted on:2016-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:W NiuFull Text:PDF
GTID:2296330470478765Subject:Law
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To see the world at the present time, the problem of Delimitation of adjacent or opposite Exclusive Economic Zone (called EEZ as follows) is controversial, due to involve a number of factors, superadd the coastal countries get the EEZ is via the way of announcement, so the delimitation of EEZ has become the complex issue. At the same time, the United Nations Convention on the Law of the Sea and other international laws of the sea do not give more clauses about specific standards or methods of the delimitation of EEZ, so the difficulty of the delimitation of EEZ is resulting. In every special dispute of the delimitation of EEZ, economic factors, historic right, historic fishing right, geographic segmentation factors and islands are special, and international laws of the sea can not give every special factor now, so equitable principle is important and usual in the world. Of course, the equitable principle is not immutable, it is also need to be improved and developed constantly, its definition and substance are different in different era. Then when countries are delimiting the adjacent or opposite EEZ, they should take equitable principle as the guiding ideology, consider all special factors, use different methodology to get a deal. The issue of delimitation is particularly outstanding between China and our marine neighboring countries, so we need research the theoretical issue of Delimitation of adjacent or opposite EEZ, and refer to international delimitation cases to solve the problem of Chinese Delimitation of EEZ finally. At last, We should have to maintain the balance of interests between China and our marine neighboring countries in EEZ, so that to maintain our oceanic rights and interests.This Paper is divided into four parts:In the first part, the author mainly writes the basic theory of adjacent or opposite EEZ, though defining the delimitation of adjacent or opposite EEZ, summarizing the definition and trait of the EEZ, researching the basis and source of delimitation right of adjacent or opposite EEZ, and researching international principle of delimitation right of adjacent or opposite EEZ----equitable principle, those will provide fundamental basis for delimitation practice. In the second part, the author mainly writes the consideration of the delimitation right of adjacent or opposite EEZ and delimitation method. Though researching the cases of international seas delimitation, the adjudication of the international court of justice, and the state proposed on the delimitation of the EEZ of the claim.In the third part, the author mainly writes the problems in the reality of the delimitation of the EEZ with our neighboring countries. Give the examples of the controversy of the delimitation of the EEZ between our country and our neighboring countries, and the different problems in different seas we facing which can be contracting with the theory in advance.In the fourth part, the author mainly tables the proposals and assumption of the delimitation of adjacent or opposite EEZ between our country and our neighboring countries in connection with the third part. Be dead against different seas, with provision for all situations to resolve the controversy of the delimitation of adjacent or opposite EEZ so that to safeguard our national rights and interests.
Keywords/Search Tags:EEZ, Delimitation, equitable principle
PDF Full Text Request
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