从国际法角度分析中日东海划界纠纷

东海划界是中日矛盾焦点之一,东海大陆架的特殊地理状况和冲绳海槽的存在确定了双方应在自然延伸的基础上以公平原则划界,成比例原则也是体现公平原则的一个重要因素。通过协商谈判或提交国际法院裁判等渠道尽早划界是解决矛盾的根本办法,而共同开发是当前解决争执的最佳过渡性安排。在坚持主权原则的基础上探求共同开发是目前现实的解决之策。     

国际海洋边界划定理论和方法的新进展

国家间海洋边界的划定已成为当前海洋国家实践的一个重要部分,它是海洋管理上的大事。正确认识和了解国际海洋边界划定的最新进展对于我国目前的海洋划界实践意义重大,文章简单叙述了国际海洋边界划定理论和方法的最新进展的状况。     

Canada and the law of the sea

This is a historical review of Canadian policy at the Third UN Conference on the Law of the Sea. Canadian objectives with regard to the territorial sea, fisheries, pollution prevention and the continental shelf are outlined and the role played by the Canadian delegation at UNCLOS is described. The article then examines the impact of the Convention on Canada, particular attention being paid to the Canadian Exclusive Economic Zone and the Canadian role in the controversy over seabed mining. The author concludes by arguing that Canada was a major beneficiary of the Convention, but that US opposition has placed the future of the Convention in jeopardy.     

黄河口河海划界问题的探讨

随着全国海域勘界工作的深入开展,作为海域勘界中的突出问题,河口区域陆海、河海界线的确定备受关注.由于河口区域自然地理的特殊性和生态环境的复杂性,再加上河口区域物产丰富,人口密集,社会经济繁荣,使得河口区的有序管理在对沿海区域社会经济的可持续发展方面的作用显得尤为突出.     

Archipelagos and the law of the sea: Island straits states or island-studded sea space?

At first sight, the regime suggested for archipelagos at UNCLOS seems to recognize to a large extent the concept of the archipelago as a single unit of islands and water. The author examines closely whether in fact the archipelagic states' view of their maritime jurisdiction has been upheld, or whether the negotiations have led to a position based on traditional concepts of law of the sea. The archipelago doctrine and interests underlying it, opposition to it, and the considerations by the international legal community are discussed. Finally, developments on archipelagos in the Seabed Committee and UNCLOS III are traced in order to understand the language of the proposed archipelagic regime.     

Thailand and the 1982 law of the sea convention

This article considers Thailand's problems with the 1982 LOS Convention, especially the exclusive economic zones. Despite the disadvantages, it recommends that Thailand should ratify the Convention.     

US law of the sea policy: A bureaucratic politics analysis

Following a discussion of the theory of bureaucratic politics, as outlined by Halperin, Allison, and Neustadt, the author examines, as case studies of the US policy process, the Deep Seabed Mining Legislation Presidential Review Memorandum and the Committee process of the US Delegation to UNCLOS. He then, through application of the theory, formulates recommendations for a more effective policy making process.     

Conflicts at sea between artisanal and industrial fishers: Inter-sectoral interactions and dispute resolution in Senegal

Conflicts between artisanal and industrial fishermen—targeting increasingly scarce resources in Senegal—are posing a serious threat to human security and are only symbolically addressed by the country's fisheries governance regime. Severely outmatched in terms of political influence and size, artisanal fishermen are more vulnerable to the fallout of conflicts at sea. The loss of fishing materials threatens the livelihoods of fishermen and their families; collisions and violence between members of the two sectors often result in injury and death. This study examines at-sea interactions between Senegal's artisanal and industrial sectors and the formal and informal mechanisms in place for managing them. Conflictive interactions are found to co-exist alongside cooperative ones and both emerge in response to changes in marine resource abundance and management. Formal systems in place to mediate at-sea conflicts are ineffective and seldom used by artisanal fishermen, who either accept their losses, attempt to informally resolve conflicts with industrial actors or resort to violence.     

Quantitative analysis for maritime delimitation: Reassessing the Bay of Bengal delimitation between Bangladesh and Myanmar

This article examines technical aspects of the maritime boundary dispute between Bangladesh and Myanmar (the ‘Bay of Bengal case’). This dispute was the first maritime delimitation determined by the International Tribunal for the Law of the Sea (ITLOS). The 2012 decision was also the first time that a maritime boundary for the seabed and subsoil of the Exclusive Economic Zone (EEZ) and the extended continental shelf (ECS) was determined by international adjudication. This was also therefore the first time that detailed technical quantification of seabed areas within the EEZ and ECS was needed for achieving an equitable division of these maritime zones in an international forum. Following review of the principles of maritime delimitation on which the ITLOS reached its determination, this article analyzes the legal status and delimitation effect of St. Martin's Island. Concerning the question of whether the legal regimes of the EEZ and continental shelf should be treated differently in a single delimitation line, although the ITLOS determined that the legal regimes should not be distinguished in the present case, a different approach is proposed for future cases. The article identifies how quantitative modelling can be used to achieve an equitable boundary and proposes a model to adjust provisional equidistance lines in accordance with the complex geophysical rules prescribed for the outer limits of the ECS in Article 76 of the United Nations Law of the Sea Convention (LOSC).     

依据海洋法对海警涉外案件管辖的分析

依据海洋法确定的管辖海域对沿海国的管理有着法律意义.海警在我国管辖海域内执法,尤其是处理涉外案件,不仅要依照国内法律、法规、规章,而且必然受到海洋法的影响.