碩士 / 國立臺灣大學 / 政治學研究所 / 95 / The capacity of islands to generate maritime zones and to influence the location of international maritime boundaries was a long-term dispute long before a single provision in the 1982 UN Convention on the Law of the Sea. Particularly, the problem of the effect of the islands'' delimitation in the sea had attracted the attention of international law. Regime of Islands in the UNCLOS has confirmed the legal definition of an island and its entitlement. However, the rules of the provision are too simple to be applied. In addition, the UNCLOS leaves open the function of the islands in the maritime delimitation. Therefore, the effect of the islands’ delimitation can only be found in the customary law. According to the numerous international judicial legal precedents and state practices, it is full effect, partial effect and zero effect that the islands could possibly obtain in delimitation, and it is the nature and position of the islands and other factors including economic and political consideration, trade-off value, disputed islands and so on that influence the effect of the islands’ delimitation in the sea. At last, this essay attempts to analysis the possible effect of Diaoyutai Islands in the maritime delimitation of the East China Sea in terms of the regime of islands in the UNCLOS and international judicial legal precedents and bilateral agreements concerning maritime boundaries involved. Both case law and state practices seem to suggest that the most appropriate and most likely effect of Diaoyutai Islands on the delimitation of the East China Sea may be no effect or at most be limited to circa 12 nautical miles. This value, if accepted, could certainly help to bring some solution to the complicated deadlock of the maritime delimitation in the East China Sea.
| Identifer | oai:union.ndltd.org:TW/095NTU05227039 |
| Date | January 2007 |
| Creators | Hsiang-Yin Lin, 林香吟 |
| Contributors | 楊永明 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 233 |
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