THE LEGAL STATUS OF SOVEREIGNTY-DISPUTED ISLANDS IN MARITIME DELIMITATION — THE CASE OF THE DIAOYU ISLANDS

THE LEGAL STATUS OF SOVEREIGNTY-DISPUTED ISLANDS IN MARITIME DELIMITATION — THE CASE OF THE... VOL. 9 MARCH 2014 DOI 10.3868/s050-003-014-0004-1 NO. 1 Steel Rometius Sovereignty-disputed islands have special effect on maritime delimitations, whereas positive international law has no regulation on such matters. The legal status of sovereignty-disputed islands on maritime delimitation fall into three categories: full status, partial status and zero status. Full and partial status suggest the cases in which the sovereignty of the islands can be decided un-ambiguously in legal terms, while zero status means the circumstances to which islands under sovereignty dispute are not clearly subject to legal adjudication. Partial and zero status are commonly seen in international cases. The willingness of the disputed parties to a considerable extent defines the relevance of the legal status. Natural circumstances of islands affect not only the nature of the disputed islands and their legal status, but also the willingness of parties greatly. Geographic position of islands may lead to different legal status and affect the willingness of parties. The principle of equity is supposed to play an important role in the determination of legal status of disputed islands. In the case of the Diaoyu Islands for instance, if sovereignty issue can be decided in legal terms, then some extent of partial http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Frontiers of Law in China Brill

THE LEGAL STATUS OF SOVEREIGNTY-DISPUTED ISLANDS IN MARITIME DELIMITATION — THE CASE OF THE DIAOYU ISLANDS

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Publisher
BRILL
Copyright
© Copyright 2014 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1673-3428
eISSN
1673-3541
D.O.I.
10.3868/s050-003-014-0004-1
Publisher site
See Article on Publisher Site

Abstract

VOL. 9 MARCH 2014 DOI 10.3868/s050-003-014-0004-1 NO. 1 Steel Rometius Sovereignty-disputed islands have special effect on maritime delimitations, whereas positive international law has no regulation on such matters. The legal status of sovereignty-disputed islands on maritime delimitation fall into three categories: full status, partial status and zero status. Full and partial status suggest the cases in which the sovereignty of the islands can be decided un-ambiguously in legal terms, while zero status means the circumstances to which islands under sovereignty dispute are not clearly subject to legal adjudication. Partial and zero status are commonly seen in international cases. The willingness of the disputed parties to a considerable extent defines the relevance of the legal status. Natural circumstances of islands affect not only the nature of the disputed islands and their legal status, but also the willingness of parties greatly. Geographic position of islands may lead to different legal status and affect the willingness of parties. The principle of equity is supposed to play an important role in the determination of legal status of disputed islands. In the case of the Diaoyu Islands for instance, if sovereignty issue can be decided in legal terms, then some extent of partial

Journal

Frontiers of Law in ChinaBrill

Published: Jun 15, 2014

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