Jiabiao Li、Yinxia Fang、Zhiguo Gao、 Haiwen Zhang主编的这本《TECHNICAL AND LEGAL ASPECTS OF THE REGIMES OF THE CONTINENTAL SHELF AND THE AREA(THE FOURTH ALBUM)(英文版)》是由国家海洋局和中国大洋矿产资源研究开发协会资助,国家海洋局第二海洋研究所和海洋发展战略研究所共同主办的第四届大陆架和国际海底区域制度科学与法律问题国际研讨会论文集。主要内容包括与大陆架制度理论与实践相关的科学问题、与国际海底资源勘探与环境保护相关的科学问题,以及外大陆架和区域的法律问题、划定外大陆架的国际和地区实践等。
目錄:
Contents
Preface
Acknowledgements
Welcome Remarks
Address of the Leader of the State Oceanic Administration Lianzeng Chen vii
Address of the Presentation from the Ministry of Foreign Affairs of the People’s Republic of China Guide Jia ix
Part I General Progress of Relative International Institutions on Extended Continental Shelf
Continental Shelf beyond 200 Nautical Miles and the Commission on the Limits of the Continental Shelf CLCS Lawrence Folajimi Awosika 3
Work Progress of the International Seabed Authority Nii Allotey Odunton 7
China’s Practice Regarding the Regimes of the Continental Shelf and theArea Haiwen Zhang 19
Part II Relevant Scientific Issues on the Theory and Practice of the Continental Shelf and the Area
Geological Evolution of the South China Sea Marginal Basin Anne Briais 27
Commission on the Limits of the Continental Shelf 17 Years of Article 76
Implementation Lawrence Folajimi Awosika 35
The Applicability and the Application of the Evidence to the Contrary Frida Maria Armas-Pfirter, Marcelo Paterlini 42
Resources of the Area and Deep Seabed: New Development Jiancai Jin 53
Mid-Ocean Ridges: Their Generation and Associated Mineral Deposits Roger Clive Searle 54
Hydrothermal Exploration: How? Where? Why? Edward Baker 72
Part III Legal Issues on the Theory and Practice of the Continental Shelf and the Area
A Comparison between Our Case 16 on the Bay of Bengal and the ICJ Case between Columbia and Nicaragua, with Some Emphasis on the Delimitation of the Continental Shelf beyond 200 Nautical Miles Jose Luis Jesus 75
Working Relationship of the International Tribunal for the Law of the Sea with other Relevant Institutions Philippe Gautier 76
Implementation of Article 82: Theory and Practice Aldo Chircop 87
Access to Marine Genetic Resources in Area beyond National Jurisdiction:A
Chinese Perspective Jinpeng Wang, Tianbao Qin 100
Characteristics and Effects of Submissions to the CLCS in the East China Sea and South China Sea Jun Qiu, Jun Li 113
The Latin American Claims and their Impact on the Definition of the
Continental Shelf and its Outer Limits Elsa Kelly 125
The Continental Shelf of the United States: Trends and Projections in Policy and Law Charles Norchi 139
Disputed Continental Shelf Areas beyond 200 Nautical Miles: Some Reflections Tomas Heidar 140
內容試閱:
CD Table of Contents
Note: Because of the technical nature of the International Symposium, many presenters showed their slides, maps or other visuals in their presentations in Mi-crosoft PowerPoint format. Instead of including such PowerPoint in the printed text, the editors chose to place them on an accompanying CD that is found at the back of the book.
1. Shunji Yanai
2. Vladimir Jares
3. Anne Briais
4. Lawrence Folajimi Awosika
5. Isaac Owusu Oduro
6. Frida Maria Armas-Pfirter & Marcelo Paterlini
7. Jiancai Jin
8. Roger Clive Searle
9. Edward Baker
10. Zongze Shao
11. Jose Luis Jesus
12. Philippe Gautier
13. Tianbao Qin
14. Galo Carrera Hurtado
15. Jun Li & Jun Qiu
16. Charles Norchi
17. Tomas Heidar
Part I General Progress of Relative
International Institutions on Extended
Continental Shelf
Continental Shelf beyond 200 Nautical Miles and the Commission on the Limits of the Continental Shelf CLCS
Lawrence Folajimi Awosika?
First let me thank the government and people of the China and especially the State Ocean Administration SOA, the Second Institute for Oceanography SIO, China Institute for Marine Affairs CIMA for inviting me in my personal capacity to this “Fourth International Symposium on Scientific and Legal Aspects of the Regimes of the Continental Shelf and the Area” in the beautiful city of Xiamen.
I also have the honor to state that I have participated in the first, second and third similar symposia organized by the SOA and COMRA in China. Hence, I will like to state that these symposia have created fora for scientists, legal experts, policy makers to interact and share views on all aspects of the Regimes of the Continental Shelf and the Area as spelled out in the United Nations Convention on the Law of the Sea UNCLOS.
The Convention, specifically Article 76 provides for the orderly transfer of maritime space and use of planetary resources to states, without recourse to conflict. In the case of the continental shelf, it is by virtue of Article 77, paragraph 3, of the Convention, which states: “The rights of the coastal State over the continental shelf do not depend on occupation, effective or notional, or on any express proclamation”.
Distinguished participants, the adoption in 1982, and subsequent entry into force in 1994, of the Law of the Sea Convention established a legal framework for all activities in the ocean. Thus, a better understanding of the Convention is critical for all parties that may potentially make a submission to the Commission on the Limits of the Continental Shelf CLCS for a continental shelf beyond 200 nautical miles NM.
As stipulated in Article 76 of the Convention, the outermost extent of the con-tinental shelf beyond the initial 200NM limit must fulfill certain geomorphological and geological criteria. The process of delineation of the outer limits of the conti-nental shelf leads to the establishment of a boundary between areas under national jurisdiction and the Area. Many States, including Small Island developing States may have jurisdiction over enormous maritime space which includes unique and vulnerable marine ecosystems. As you are aware, the Commission one of the three institutions set up under the Convention consists of 21 members who are experts in the field of geology, geophysics or hydrography, elected by States Parties from among their nationals, having due regard to the need to ensure equitable geo-graphical representation also serve in their personal capacity. The vision enshrined in the Convention, as well as the work of the Commission, are unique.
The functions of the Commission are two, folds:
First, to consider the submissions made by coastal States, and to make recom-mendations in accordance with Article 76 and the statement of understanding adopted on 29 August 1980 by the Third United Nations Conference on the Law of the Sea. Second, to provide scientific and technical advice.
The scientific understanding of the sea-floor and the subsurface has progressed by leaps and bounds. Today’s knowledge of geology, geophysics, geomorphology, hydrography and has shown us the real face of the structure of the earth beneath the oceans, a very different one from that which the negotiators of the Convention had in mind when they devised legal concepts like the foot of the continental slope, submarine elevations, submarine ridges, etc.
The Convention established that States, in order to assert sovereign rights and jurisdiction over a maritime zone, had to follow a procedural mechanism. By doing so, on one hand, the Convention confirmed the unilateral nature of the establishment of maritime zones by coastal States. On the other hand, through the Commission, the Convention introduced a process that provides a sound scientific base for evaluating the territorial aspirations of coastal States to vast submerged areas.
By envisaging a Commission of experts in the fields of geology, geophysics or hydrography, the drafters of the Convention revolut