Analysis On The Effect Of The Fishery On The Maritime Delimitation

Maintenance of national maritime rights and interests is an important component of the strategy of “Maritime Powers”,while properly solving maritime delimitation disputes is an important component of maintenance of national maritime rights and interests.The essence of maritime delimitation is that the coastal states are divided into their own maritime affiliation and marine resources.The United Nations Convention on the Law of the Sea(UNCLOS)should have been provided guidance for the handling of national maritime delimitation matters,but UNCLOS does not made clear the maritime delimitation rules.To a certain extent,it has intensified the contradictions and conflicts between countries.Fishery is a pioneering industry for the development and utilization of marine resources,it should have been considered in maritime delimitation,but its role in maritime delimitation has not been reflected in the UNCLOS.This paper wants to study this problem and sorts out the role of fishery in maritime delimitation.On this basis,this paper puts forward suggestions for the maritime delimitation around China.This paper contains six chapters.The first chapter mainly introduces the background,status,method and significance of this research.The research status is mainly from demarcation rule and method,delimitation consideration,island sovereignty,historic fishing right.After combing the research in home and abroad,it is found that most scholars' researches are discussed from the perspective of the importance of fisheries in maritime demarcation,however there is little research on the specific role of fishery on the maritime delimitation.The second chapter analyzes the links and influences between the fishery and the sea area in the international law of the sea.From the background of the establishment of the three areas,they are all formed in the practice of coastal countries to conserve and manage their own fishery resources,from the content of the rights granted by the convention to the territorial sea,exclusive economic zone and continental shelf,which stipulates that coastal states can explore and develop all resources,including fishery resources.The third chapter analyzes the link between the general rules of international law and maritime delimitation on fishery factor.This study believes that the demarcation rules for territorial waters are mainly based on the principle of the middle line.However,if coastal states exist conflicting agreements between fishery and other activities,the principle of the territorial sea may not adopt the principle of the middle line.Nowadays,there are two irreconcilable rules for the demarcation of the exclusive economic zone and the continental shelf.One is to use the principle of equal distance/special circumstances and the other is to explicitly adhere to the principle of fairness.The UNCLOS mentions that the above two regional demarcations should be resolved fairly,that means,the demarcation results should be fair and reasonable for all parties.Therefore,the delimitation of the exclusive economic zone and the continental shelf require a comprehensive consideration of the impact of various factors,including fishery,to ensure that the demarcation results are fair and equitable.The fourth chapter analyzes the effectiveness of fishery in maritime delimitation from the two ways of dispute settlement between state negotiation and international judicial practice.Undoubtedly,the main form of maritime delimitation between countries is still fair negotiation.However,many of the national negotiating and negotiation records have not been announced.The existing Indian Sri Lanka territorial waters demarcation case and the Soviet Swedish marine area demarcation case are considered to be relevant.In the process of negotiating the signing of a maritime boundary agreement by the state,the fishery problem should be considered.However,it is very difficult to really consider the impact of fishery factors on maritime delimitation.Therefore,when negotiating and negotiating between countries,it is more active to strive for fisheries in line with national interests.arrangement.The issue of international demarcation of maritime delimitation began to increase after the signing of the Convention.The current international judicial treatment of maritime delimitation mainly uses the “single border” to divide the exclusive economic zone(or exclusive fishing zone)and the continental shelf.The fishery has played a role in the Chilean maritime delimitation case in Chile and the maritime delimitation of Jan Mayen Island in Greenland,Norway,but has not been effective in the case of Bangladesh's maritime delimitation in the Bay of Bengal and the Black Sea submission in Romania.The fifth chapter analyzes and discusses the reasons for the effectiveness of fishery factors in demarcation based on the above-mentioned national negotiation and international judicial practice.According to the study,the consideration of fishery factors in maritime delimitation is mainly because fishery have an important impact on the economic and social development of the country where the country or the country is located.The main reasons for not considering the fishery factors include: the countries have no strong dependence on fishery resources.The parties did not provide sufficient evidence to prove their long-term use,and the coastal State specifically signed fishery agreements on the basis of maritime delimitation to protect the interests of domestic fisheries.The role of fishery in maritime delimitation mainly depends on whether it constitutes the boundary delineated by the implied agreement and determines the nature and scope of the boundary,and whether the result of whether the equidistance line is a temporary boundary is fair or not.At the same time,in order to effectively support the maritime delimitation negotiations between China and its neighbors,it is necessary to strengthen the collection and collation of fishery data and data,and scientifically judge whether the contents of agreements with neighboring countries have implied maritime boundaries.The final chapter summarizes the research results.This study mainly explores whether fisheries can be effective.At the same time,there are still some shortcomings in the demarcation case,the lack of comprehensive evaluation of the effectiveness of various factors,and the lack of consideration of fisheries arrangements on the basis of demarcation.