论海洋边界争端与国际海洋法的发展——兼谈中日东海油气争端的解决

现代国际海洋法通过瑞典-挪威北海大陆架案奠定了海洋边界划分的一系列基本原则和制度。中日东海油气争端从根本上说源于中日东海边界争端,只有明确钓鱼岛等岛屿的划界效力问题和冲绳海槽在东海大陆架划界中的地位与作用,才能使中日东海边界争端和中日东海油气争端在公平原则的基础上,以和平方式创造性的解决。

On the Sea Boundary Dispute and the Development of International Law of the Sea——Proposals on resolving Gas Dispute between China and Japan in the East Sea

A series of principles and systems in the delimitation of sea boundary has been established in modern international law of the sea by the case of Sweden v.Norway sea continental shelf.Later,some famous judicial practices in solving the sea boundary dispute,such as North Sea Continental Shelf between UK and France on the delimitation,have enriched and developed the international law of the sea.The China-Japan gas dispute originates from the boundary dispute of the east sea between China and Japan.Only if we make clear the effect on delimiting the Diao-yu Island and status of ChongSheng Gulf in delimiting the east continental shelf,on the basis of fair principle,we are likely to creatively and peacefully solve the dispute on the boundary delimiting and gas dispute between China and Japan.