解决中日东海大陆架划界争议之原则探析
发布时间：2019-04-26 05:02
【摘要】：近年来,陆地资源日益枯竭,海洋科学技术也迅猛发展,大陆架所蕴涵的丰富资源引发了各国海洋资源开发的激烈竞争,一些国家之间产生诸多的划界争端。中国和日本的之间的东海大陆架划界争端一直没有得到解决,近年来更加激烈,它直接影响到中日之间的关系以及两国今后的发展,中日两国之间的东海大陆架划界争端是一个非常棘手的问题,它目前已经成为国际上的热点问题。两国之间的争端就目前的形式来看在短时期内是难以解决的,本文正是试图寻求其解决所作的尝试。文章从中日两国所持的不同划界主张入手,分析了他们各自的划界主张以及这种划界主张所产生的后果。阐明了中国所主张的自然延伸原则是有法可依,有理可循的。而日本的等距离中间线划界方法仅仅是一种划界方法,并不是大陆架划界的原则。最后阐明了中日的东海大陆架划界争端应该适用公平原则。本文除了引言和结论外共分为三个部分: 本文首先提出在东海大陆架划界问题上中日所持的不同主张。中国强调东海大陆架是中国领土的自然延伸,并以此为依据提出中日东海大陆架划界应适用自然延伸原则,而日本则主张适用“中间线原则”。其次,阐述了中日不同划界主张的法律依据。中国的然延伸原则的法律依据主要是本国的《中华人民共和国专经济区和大陆架法》和《联合国海洋法公约》,而日本所主张的“中间线原则”的依据是日本的《专属经济区和大陆架法》以及《大陆架公约》。最后讨论了中日双方在东海大陆架划界问题上产生分歧的原因。 第二部分专门讨论了公平原则的产生、发展及含义。公平原则,作为大陆架划界的基础原则,产生于国际实践并在以后的国际司法和仲裁实践中逐步得到确立和发展。在论述公平原则的含义的同时,笔者阐述了公平原则与其他划界原则或方法的关系。笔者指出,等距离中间线是实现公平原则的一种具体方法;自然延伸原则是公平原则适用的最基本的客观标准;成比例方法是“公平的试金石”。最后阐述了中日东海大陆架划界应该适用公平原则的原因,对此问题笔者分别对中间线方法、成比例方法不适用于东海划界的原因进一步进行了论述。 第三部分集中讨论了公平原则在中日东海大陆架划界中的适用。笔者首先提出,运用公平原则对东海大陆架划界进行划界时,我们必须要考虑东海大陆架的地理情况。其次,成比例因素也是大陆架划界应考虑的重要因素之一。最后,从国际法和国际实践出发,论述了钓鱼岛在东海划界中的效力问题。钓鱼岛仅仅可以拥有一定范围的领海,日本以钓鱼岛为基点划界的主张不能成立,钓鱼岛在中日东海大陆架划界中不应具有划界效力。
[Abstract]:In recent years, land resources have become increasingly depleted and marine science and technology have developed rapidly. The abundant resources contained in the continental shelf have led to fierce competition in the exploitation of marine resources in various countries, and there have been many disputes over the delimitation of marine resources among some countries. The dispute over the delimitation of the continental shelf in the East China Sea between China and Japan has not been resolved and has become more intense in recent years, which directly affects the relations between China and Japan and the future development of the two countries. The dispute over the delimitation of continental shelf in the East China Sea between China and Japan is a very difficult issue, and it has become a hot issue in the world at present. The dispute between the two countries in the present form is difficult to resolve in a short period of time. This paper is an attempt to find a solution to the dispute between the two countries. Starting with the different delimitation claims held by China and Japan, this paper analyzes their respective delimitation claims and the consequences of such delimitation claims. It is pointed out that the principle of natural extension advocated by China is legal and reasonable. However, Japan's isometric middle line delimitation method is only a delimitation method, not the principle of continental shelf delimitation. Finally, it is pointed out that the principle of fairness should be applied to the continental shelf delimitation dispute between China and Japan. In addition to the introduction and conclusion, this paper is divided into three parts: firstly, this paper puts forward the different views held by China and Japan on the delimitation of continental shelf in the East China Sea. China emphasizes that the continental shelf in the East China Sea is the natural extension of its territory, and on the basis of this, it proposes that the principle of natural extension should be applied to the delimitation of the continental shelf in the East China Sea, while Japan advocates the application of the "middle line principle". Secondly, it expounds the legal basis of different delimitation claims between China and Japan. The legal basis for the principle of natural extension of China is primarily its Law on the exclusive Economic Zone and Continental Shelf of the people's Republic of China and the United Nations Convention on the Law of the Sea, The middle line principle advocated by Japan is based on Japan's exclusive Economic Zone and Continental Shelf Law and the Continental Shelf Convention. Finally, the reasons for the differences between China and Japan on the delimitation of continental shelf in the East China Sea are discussed. The second part discusses the emergence, development and meaning of the principle of equity. The principle of fairness, as the basic principle of continental shelf delimitation, arises from international practice and is gradually established and developed in the future practice of international justice and arbitration. While discussing the meaning of the principle of fairness, the author expounds the relationship between the principle of fairness and other principles or methods of delimitation. The author points out that the equidistant middle line is a concrete method to realize the principle of fairness, the principle of natural extension is the most basic objective criterion for the application of the principle of fairness, and the proportional method is a "fair touchstone". Finally, the reasons why the principle of fairness should be applied to the continental shelf delimitation in the East China Sea between China and Japan are expounded, and the reasons why the intermediate line method and the proportional method are not applicable to the delimitation of the East China Sea are further discussed. The third part focuses on the application of the principle of fairness to the delimitation of the continental shelf in the East China Sea between China and Japan. The author first points out that we must consider the geographical conditions of the continental shelf in the East China Sea when we apply the principle of fairness to the delimitation of the continental shelf in the East China Sea. Secondly, proportional factor is one of the important factors to be considered in continental shelf delimitation. Finally, the validity of Diaoyu Island in the East China Sea is discussed from international law and international practice. The Diaoyu Island can only have a certain range of territorial waters, Japan's claim that the Diaoyu Island is based on the Diaoyu Island cannot be established, and the Diaoyu Island should not have the delimitation effect in the delimitation of the continental shelf in the East China Sea between China and Japan.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D993.5
本文编号：2465776
[Abstract]:In recent years, land resources have become increasingly depleted and marine science and technology have developed rapidly. The abundant resources contained in the continental shelf have led to fierce competition in the exploitation of marine resources in various countries, and there have been many disputes over the delimitation of marine resources among some countries. The dispute over the delimitation of the continental shelf in the East China Sea between China and Japan has not been resolved and has become more intense in recent years, which directly affects the relations between China and Japan and the future development of the two countries. The dispute over the delimitation of continental shelf in the East China Sea between China and Japan is a very difficult issue, and it has become a hot issue in the world at present. The dispute between the two countries in the present form is difficult to resolve in a short period of time. This paper is an attempt to find a solution to the dispute between the two countries. Starting with the different delimitation claims held by China and Japan, this paper analyzes their respective delimitation claims and the consequences of such delimitation claims. It is pointed out that the principle of natural extension advocated by China is legal and reasonable. However, Japan's isometric middle line delimitation method is only a delimitation method, not the principle of continental shelf delimitation. Finally, it is pointed out that the principle of fairness should be applied to the continental shelf delimitation dispute between China and Japan. In addition to the introduction and conclusion, this paper is divided into three parts: firstly, this paper puts forward the different views held by China and Japan on the delimitation of continental shelf in the East China Sea. China emphasizes that the continental shelf in the East China Sea is the natural extension of its territory, and on the basis of this, it proposes that the principle of natural extension should be applied to the delimitation of the continental shelf in the East China Sea, while Japan advocates the application of the "middle line principle". Secondly, it expounds the legal basis of different delimitation claims between China and Japan. The legal basis for the principle of natural extension of China is primarily its Law on the exclusive Economic Zone and Continental Shelf of the people's Republic of China and the United Nations Convention on the Law of the Sea, The middle line principle advocated by Japan is based on Japan's exclusive Economic Zone and Continental Shelf Law and the Continental Shelf Convention. Finally, the reasons for the differences between China and Japan on the delimitation of continental shelf in the East China Sea are discussed. The second part discusses the emergence, development and meaning of the principle of equity. The principle of fairness, as the basic principle of continental shelf delimitation, arises from international practice and is gradually established and developed in the future practice of international justice and arbitration. While discussing the meaning of the principle of fairness, the author expounds the relationship between the principle of fairness and other principles or methods of delimitation. The author points out that the equidistant middle line is a concrete method to realize the principle of fairness, the principle of natural extension is the most basic objective criterion for the application of the principle of fairness, and the proportional method is a "fair touchstone". Finally, the reasons why the principle of fairness should be applied to the continental shelf delimitation in the East China Sea between China and Japan are expounded, and the reasons why the intermediate line method and the proportional method are not applicable to the delimitation of the East China Sea are further discussed. The third part focuses on the application of the principle of fairness to the delimitation of the continental shelf in the East China Sea between China and Japan. The author first points out that we must consider the geographical conditions of the continental shelf in the East China Sea when we apply the principle of fairness to the delimitation of the continental shelf in the East China Sea. Secondly, proportional factor is one of the important factors to be considered in continental shelf delimitation. Finally, the validity of Diaoyu Island in the East China Sea is discussed from international law and international practice. The Diaoyu Island can only have a certain range of territorial waters, Japan's claim that the Diaoyu Island is based on the Diaoyu Island cannot be established, and the Diaoyu Island should not have the delimitation effect in the delimitation of the continental shelf in the East China Sea between China and Japan.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D993.5
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