A Study Of The Application Of Maritime Delimitation Rules

The international maritime law has still been undergoing a process of profound changes and development,and maritime powers are attaching more importance to the acquisition and protection of their sea rights and interests.However,usually there are more than one maritime coastal states,which makes disputes over maritime delimitation occur frequently.In recent decades,there have been an increasing number of maritime delimitation matters that appealed to the Court and other international judicial organs.Those large numbers of international judicial decisions have greatly promoted the development of the theory and practice of international law,as well as enriching the connotation of the law.Although according to res judicata,the precedents of jurisdictions is not universally binding for it only has force of law on the case,as an important source and component of broad international law,it is of great referential to the subsequent judicial decisions.In addition,some of the principles and methods of being universally recognized and accepted by the international community through a series of cases are widely followed and applied in the past marine demarcation practice.In fact,international maritime law is exactly formed on the basis of the past nearly half a century of international judicial practice.In this sense,theose international judicial decisions provide us with the most important citation and guidance for exploring maritime delimitation rules.Therefore,summarize the law and trend of the application of maritime delimitation rules from international judicial practice and clarify the connotation and application of maritime delimitation rules are facilitating to better guide the practice of maritime delimitation in the future.This topic intends to systematically analyze the application and development of maritime delimitation rules in specific international judicial practice through the typical and recent cases of the international judicial institutions.On this basis,summarize some laws and trends in the application of maritime delimitation rules and inally,in conjunction with the issues arising from the demarcation process,explore the choice of the outlet and demarcation rules of China's future marine demands.The new theorie and ideas has inevitably hit the former existing things as the continental shelf claims based on the early natural extension theory on account of the elements of geology and topography are inevitably declining.From the specific methods and rules,the “equidistance-special circumstance rule”that applicable to territorial waterss and “equitable principles-relevant circumstance” seem to merge gradually.And proportionality test has become an important yardstick to measure and judge the fairness and quality of the final result.The methodology of maritime delimitation takes shape.To more in tune with the times,we need to make adjustments without delay exploring a country-suitable solution to the problem of maritime delimitation,and safeguard the actual rights and interests of a maritime power with a practical theory.What is worth highly noting is that maritime delimitation issues are full of complexity,diverse,as well as changeble.So even though the demarcation is objective,there are still many unpredictable aspects,for we must deeply recognize that traditional views and methods which are urgently needed updating may be out of times and can not conducive to problem solving anymore.