China's Basepoints and Baselines under the United Nations Convention on the Law of the Sea: A Critical Analysis

Title
China's Basepoints and Baselines under the United Nations Convention on the Law of the Sea: A Critical Analysis
Authors
김현수
Keywords
Basepoint, Straight Baseline, Territorial Sea, UNCLOS, State Practice, Special Circumstances, Maritime Boundary Delimitation
Issue Date
2013
Publisher
JOURNAL OF EAST ASIA AND INTERNATIONAL LAW
Series/Report no.
JOURNAL OF EAST ASIA AND INTERNATIONAL LAW ; Vol6 no.1 Startpage 135 Endpage 153
Abstract
China’s straight baseline regime deviates from the UN Convention on the Law of the Sea in a number of ways. Such discrepancies are likely to induce legal and political conflicts between countries, and also the settlement of which would not be easy, in particular, among the East Asian countries. In consideration of this point, the legal issues surrounding China’s straight baselines and basepoints should be analyzed and evaluated not only from the perspectives of UNCLOS, but also through comparative analyses based on customary international law, State practices, and special circumstances. Many of China’s State practices and laws based on straight baselines are neither in accordance with international laws, nor generally recognized as being in accordance with the international law of the sea. This paper provides important legal insights into China’s straight baselines, which are unlawful from the perspectives of UNCLOS and State practices, and, in addition, suggest desirable ways to solve the problems in international laws.
URI
http://dspace.inha.ac.kr/handle/10505/33596
ISSN
1976-9229
Appears in Collections:
Law School/College of Law (법학전문대학원/법과대학) > Law (법학) > Local Access Journal, Report (법학 논문, 보고서)

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