Impact of fishing activity on delimitation of Exclusive Economic Zone based on international judicial precedents
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D993.5

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    Abstract:

    The development, utilization, conservation and management of fish resources are an important part of the sovereign rights of coastal countries in the exclusive economic zone(EEZ). The fishery factor is sensible to consider in the EEZ delimitation. Based on the analysis of the United Nations Convention on the Law of the Sea (UNCLOS) on the delimitation of EEZ, this paper analyzes five international judicial precedents for the delimitation of EEZ. This paper analyzes that fishery factor may be one of the factors which influence the final EEZ boundary determination. Whether the fishery factor has been taken into account and what role it played depend on the importance of fishery to the socio-economics of one party or both parties, and whether this importance role has sufficient evidence to prove its existence.The impact of the fishing activity on the delimitation of the exclusive economic zone is mainly whether the fishery could be applied to test the implied boundary for the EEZ delimitation, the nature and limit of the boundary, and the fairness of the interim boundary. China advocates that the EEZ boundary determination with its maritime neighbors should be settled through agreements. The ruling of international judicial precedents constitute to some extent the basis of international law for the delimitation of agreements, and it has an important reference role for agreement negotiation.

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林桢,唐议.基于国际司法判例分析渔业因素在专属经济区划界中的作用[J].上海海洋大学学报,2019,28(6):961-967.
LIN Zhen, TANG Yi. Impact of fishing activity on delimitation of Exclusive Economic Zone based on international judicial precedents[J]. Journal of Shanghai Ocean University,2019,28(6):961-967.

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History
  • Received:May 07,2019
  • Revised:June 01,2019
  • Adopted:June 20,2019
  • Online: December 16,2019
  • Published:
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