Pssst… we can write an original essay just for you. Any type of essay. As the South China Sea is crucial for trade, as well as for maintaining the security of bordering Member States, the territorial disputes have repeatedly led to colliding claims of sovereignty. Claimant states are interested in retaining or acquiring the rights to fishing areas, the exploration and potential exploitation of crude oil and natural gas in the seabed of various parts of the South China Sea, and the strategic control of important shipping lanes.
By so doing, China has formally established a legal regime for its exclusive economic zone and continental shelf. Domestically, it needs some detailed regulations for the implementation; and regionally China has to negotiate with its neighboring countries on the maritime boundary delimitation of the exclusive economic zone and the continental shelf.
China; Taiwan; Exclusive economic zone; Continental shelf; Maritime boundary delimitation 1. Human society is closely bound up with the ocean: The ocean provides man with indispensable food and other important resources, and has also served as a road of communication for trade and commerce among nations as well as among continents from earliest recorded history.
In accordance with the Convention, every coastal State has the right to establish its exclusive economic zone EEZ up to nautical miles measured from the baselines of the territorial sea.
In the EEZ, the coastal State enjoys sovereign rights to the natural resources and jurisdiction over certain human activities. Likewise, the coastal State has similar rights to the continental shelf, generally up to nautical miles from the baselines of the territorial sea.
The seas bordering on China are all semi-enclosed seas. All the seas except the Bohai Sea have other adjacent coastal States so that maritime boundary delimitation in respect of the EEZ and continental shelf is required to establish clear national jurisdiction for China and also for other coastal States.
Given this geographical situation, China is unable to extend its EEZ up to the full range of nautical miles. The Chinese have a long history of using the oceans for sustaining life.
With its increasing population and the gradual depletion of natural resources on land, China has paid closer attention to the opportunities existing in the oceans, particularly the EEZ and the continental shelf which can provide natural resources for the Chinese.
The China Ocean Agenda 21 published in contains the implementing programmes of sustainable use of the ocean and its resources for the future .
It came into force in and as of Novemberthere were signatories. The whole text is reprinted in 21 ILM For a brief description of these seas in geographical and geologic perspectives, see .
It applies to all territories of China, including the Chinese mainland and its coastal islands, as well as all other islands belonging to China. Accordingly, China has a belt of territorial sea with a breadth of 12 miles and in addition 12 miles of the contiguous zone.
The outer limit of the EEZ may not at most exceed nautical miles measuring from the baseline of the territorial sea. All the natural resources in the EEZ shall belong to the coastal State, and the coastal State must exercise the exclusive urisdiction over its EEZ and lay down necessary laws and regulations in order to protect, manage, use, explore, and exploit these resources.
The neighbouring States within the same sea area should jointly decide their respective jurisdictional limits on an equal and consultative footing .
|Exclusive Economic Zone [EEZ]||When an overlap occurs, it is up to the states to delineate the actual maritime boundary.|
|Related Topics||When an overlap occurs, it is up to the states to delineate the actual maritime boundary.|
|China's Exclusive Economic Zone and Continental Shelf - New York Essays||This is contrary to the past several centuries of maritime legal practice.|
The median or equidistance line is one method of delimitation, which may be adopted only when it is in conformity with the principle of equity , cited in [6, p. It regarded the continental shelf as a natural prolongation of the territory of the coastal State.
The coastal State owns the natural resources of the continental shelf and may lay down all necessary laws and regulations to manage the continental shelf e!
Article 76 3 of the LOS Convention provides: The straight baselines set forth in the Law on the Territorial Sea constitute the basis for demarcating the outer limits of the EEZ and the continental shelf.
The other important aspect in the Territorial Sea Law relating to the EEZ is the establishment of the regime for the contiguous zone. That is why it is established under the territorial sea law. However, on the other hand, it is an area within the EEZ.
In that sense, the contiguous zone carries a special meaning both for the territorial sea regime and for the EEZ regime. The legal regime of the continental shelf is closely related to that of EEZ, though di!
For the purpose of natural resource development, the former is more concerned with non-living resources while the latter with living resources.China promulgated its Law on the Exclusive Economic Zone and the Continental Shelf in after it had ratified the United Nations Convention on the Law of the Sea in China’s exclusive economic zone and continental shelf: developments, problems, and prospects Zou Keyuan* East Asian Institute, National University of Singapore, 7 Arts Link, Singapore , Singapore Received 1 October ; accepted 29 November Abstract China promulgated its Law on the Exclusive Economic Zone and the Continental Shelf in after it had rati”ed the [ ].
An exclusive economic zone (EEZ) is a sea zone prescribed by the United Nations Convention on the Law of the Sea over which a state has special rights regarding the exploration and use of marine resources, including energy production from water and wind.
It stretches from the baseline out to nautical miles (nmi) from its coast. In colloquial usage, the term may include the continental shelf. China promulgated its Law on the Exclusive Economic Zone and the Continental Shelf in after it had ratified the United Nations Convention on the Law of the Sea in The South China Sea dispute is over the claimed territorial waters and exclusive economic zones generated by the territory, as well as island chains, such as the Spratlys and Paracels(mainly Spratlys), which are made up of islands, sandbanks, reefs, atolls, and rocky outcrops.
exclusive economic zone and continental shelf of the People's Republic of China must have the approval of the competent authorities of the People's Republic of China and shall comply with the laws.