Maritime Boundary Delimitation Regime and China’s Position on the Settlement of maritime Disputes in the Northeast Aisa
Date Issued
2006
Date
2006
Author(s)
Yang, Hee-Cheol
DOI
zh-TW
Abstract
Coastal states are adopting maritime boundary delimitation as their primary maritime policy because maritime jurisdiction directly relates to vast economic interest. This becomes specially important and sensitive when complex maritime boundary issues are involved between neighboring coastal states. China has not actively carried out nor declared maritime boundary delimitation until recently with any country except Agreement between China and Viet Nam on the demarcation of the territorial water, the exclusive economic zones and the continental shelf of China and Viet Nam in the Gulf of Tonkin on 25 December 2000 (hereinafter, the Gulf of Tonkin Agreement).
The principles that governs maritime boundary delimitation are to consider primarily an agreement between States concerned, however, if no agreement can be reached, all relevant circumstances are considered to achieve an equity between concerned States.
Relevant circumstances are length of coastline, form of coastline, existence and position of island or islands, speciality of geology/topography, and factor of economy and defence. Factors which sinologists are considering in regard to continental shelf delimitation of the Yellow Sea are as follows ; i) geographical factor, ii) geological factor, iii) topographical factor, iv) environment and ecological factor, v) historic interest, and vi) social and economic interest. The ‘Gulf of Tonkin Agreement’ is completed by basically applying the principle of delimitation according to median line which seems that China has adopted the maritime boundary delimitation principle of ‘half and half’ which was the intention of Chinese government. At the same time, China recognized Viet Nam’s dominion and sovereign right over the partial exclusive economic zone and the continental shelf of Dao Bach Long Vi in Gulf of Tonkin. This case can be considered as an example of mutual concession or compromise in delimiting maritime boundary for states of concerned.
Subjects
大陸架公約
專屬經濟區
大陸架
海洋劃界 : 等距離線（ 中間線 ）
公平原則（或稱衡平原則）
自然延伸原則
特殊情況
有關情況
成比例原則
International Law of Sea
the Third UN Conference on the Law of the Sea
Convention of the Continental Shelf
UN Convention on the Law of the Sea
Exclusive Economic Zone（EEZ）
Continental Shelf
State jurisdictional water
Marine Delimitation
Equidistance line（Middle line）
Principle of equality
Principle of natural prolongation
special circumstances
Relevant circumstances
Porportional principle
Type
thesis
File(s)![Thumbnail Image]()
Loading...
Name
ntu-95-D88a21006-1.pdf
Size
23.31 KB
Format
Adobe PDF
Checksum
(MD5):29b1e2f0844ea7716532a1ca0df7dd00