Resolving Maritime Delimitation Disputes by Agreement: Practices of States Bordering the South China Sea and Their Implications for China

南（中国）海周边国家协议解决海域划界争端的实践及其对中国的启示

赵伟(ZHAO Wei) ； ZHAO Jufen ； CHEN Xiaoshuang

《中国海洋法学评论》 17期 (2013/06) Pp. 156-181

摘要

The basic solution to the maritime rights and maritime delimitation disputes of States bordering the South China Sea (SCS) is to resolve related disputes through negotiations and consultations and to achieve equitable maritime delimitation in disputed sea areas based on international law. There have been many precedents in addressing the maritime delimitation issue in SCS disputed areas by agreements among SCS bordering States including China. Such practices primarily include the following contents: resolving maritime delimitation disputes peacefully in a spirit of goodwill and equal consultation; regarding the adjusted median line as the single maritime boundary of relevant waters; prevalence of articles on single geological structure or transboundary resources in the delimitation agreements; entering into pro-visional arrangements on joint development of resources in relevant areas when no agreement could be reached to delimit maritime boundaries, etc. This article attempts to summarize and analyze related practices, as well as their implications for China in resolving maritime delimitation issues with other States bordering the SCS.

關鍵字

South China Sea ； Maritime delimitation ； Agreement ； International law ； Joint development