| Summary: | 碩士 === 國立成功大學 === 科技法律研究所 === 95 === This study, at the beginning, will state the history of the development and delimitation of the continental shelf, then it goes on stating the importance of resources on East China Sea, especially, the petroleum and gas beneath the continental shelf which trigger the disputes between China and Japan.
Though the names of continental self are the same with “United Nations Convention on the Law of the Sea” and “geography”, however, their meanings are really different. Continental shelf of the Convention is the same as continental margin under some conditions, and its range is broader than the continental shelf of geography. The breadth of Convention’s continental shelf is depended on “distance”, but the boundary of geographic continental shelf is depended on “depth”. Therefore, the “United Nations Convention on the Law of the Sea” will be performed when the disputes of continental shelf erupt between states with opposite coasts.
Sino-Japanese disputes are due to delimitation of the continental shelf of East China Sea. The maximum breadth of the East China Sea between China and Japan is only 360 nautical miles. According to the United Nations Convention on the Law of the Sea, the coastal countries are admitted to have sovereignty right on continental shelf which is at least 200 nautical miles wide. The overlap of waters is apparent. Japan insists on adoption of “the Principle of Equidistance Median Line” to solve the disputes. On the other side, China claims the sovereignty right on this continental shelf and adopts “the Principle of Natural Prolongation” to protect his rights. They had negotiated eight times until May 24, 2007, their different opinions still exist though, both of the parties are trying hard to compromise the interests in question. Can the “Co-exploiting” approach be accepted by the China and Japan? It will be discussed in this study. Simultaneously, this study will search approaches for the Republic of china claiming its sovereignty right on the East China Sea under the realistic circumstances.
In addition, the author give the advices of this issue at the end of this study. Those will provide the new researchers new ideas to find out more perfect resolutions on the delimitation of continental shelf.
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