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

Hyunsoo Kim Inha University School of Law
100 Inharo, Nam-gu, Incheon 402-751 Korea.
Corresponding Author: kimhsoo@inha.ac.kr
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

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.

Keywords: Basepoint, Straight Baseline, Territorial Sea, UNCLOS, State Practice, Special Circumstances, Maritime Boundary Delimitation

The Full Text is available at: http://dx.doi.org/10.14330/jeail.2013.6.1.06

Problems and Practices in Maritime Delimitation in East Asia: With Special Reference to Taiwan

Michael Sheng-ti Gau National Taiwan Ocean University, Taiwan.
No. 2 Pei-Ning Road, Keelung 20224 Taiwan ROC.
Corresponding Author: mikegau97@msn.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The countries in East Asia continue to have problems in maritime boundary delimitation. The collision on September 7, 2010 between a Chinese fishing vessel (Minjinyu) and a Japanese patrol boat in the waters near Diaoyu/Senkaku Islands is interesting to observe as a step in dispute settlement process. The differences between the PRC and Japan on maritime boundary delimitation for the East China Sea and the legal status of Diaoyu/Senkaku Islands are demonstrated by this incident. To see things in their context, it is necessary to observe the practices of East Asian countries in handling their maritime boundary delimitations, especially those involving islands with disputed legal status. The rules of international law relating to the pacific settlement of dispute and maritime delimitation dispute resolution, which involve a preliminary sovereignty dispute over islands, are also relevant as a much broader background. The author will examine why certain maritime delimitation cases are particularly hard to handle. The lessons drawn from this paper is inspiring for Taiwan, a long-time marginalized player in East Asian regional affairs. The author will examine the difficulties and opportunities for Taiwan in maritime boundary delimitation and offer a suggestion on how to accomplish such task with neighboring countries.

Keywords : Diaoyu/Senkaku Islands, Japan's Northern Territories, Maritime Boundary Delimitation, JDZ, Taiwan, Minjinyu

The Full Text is available at: http://dx.doi.org/10.14330/jeail.2011.4.2.06