The Historic Fishing Right And Its Effect In Maritime Delimitation

Some countries around the South China Sea have submitted to the UN commission on the limits of the continental shelf 200 nautical miles of continental shelf delimitation and preliminary information since 2009.It can be predicted that the delimitation situation in the South China Sea will face serious challenges.Having a good command of the relevant delimitation method is very important for China to maximize the interests of maritime rights and interests in the process of maritime delimitation.This thesis focuses on the historic fishing rights,which are non-sovereign historic rights,whose effect in the process of maritime boundary delimitation.On the one hand,there has been no attention to the historic fishing rights because of its character of non-exclusive,even to the extent of marginalization,on the other hand,according to international judicial practice,historic fishing rights can play a role in the process of national maritime delimitation,international dispute settlement body will take account of fishing interests.This thesis consists of a introduction and three parts of the main body.The text first analyses the status of historic fishing rights in the international law,arguing against the point of view that the EEZ and Continental Shelf regime under Part V and Part VI of the 1982 United Nations Convention of the Law of the Sea(UNCLOS)deny the historic fishing rights of other States,then take analysis of its nature of the historic fishing rights,the conclusion is that the UNCLOS and the EEZ and Continental shelf regime can coexist with the historic fishing rights.In section II,according to international judicial practice,the elements of the historic fishing rights include national long-term,sustained exercise of rights,and the attitude of other states.Third,it focuses on the effect of the historic fishing rights in maritime delimitation,historic fishing rights have different impacts on the EEZ and Continental Shelf as a“special circumstances".It is difficult to international dispute settlement body to take account to the historic fishing rights in delimitation of Continental Shelf because of the principle of natural prolongation.While in the cases concerning maritime delimitation,the court will adjust the provisional equidistance line in the light of the existence of special circumstances such as the historic fishing rights.To make such adjustment will satisfy two conditions:catastrophic repercussions for the countries concerned and exclusive exercise of fishing rights.