Download Law of the Sea in East Asia: Issues and prospects by Zou Keyuan PDF

By Zou Keyuan

Legislations of the ocean in East Asia selects the main favorite maritime felony concerns that experience emerged because the post-LOS conference period for an in depth dialogue and review. the present marine felony order in East Asia relies at the 1982 United international locations conference at the legislation of the ocean (LOS conference) and for that reason coastal states within the quarter are obliged to cooperate among themselves to workout their rights and practice their tasks. Keyuan, a revered specialist within the fields of overseas and chinese language legislation, explores matters relating compliance with the legislation of the ocean, territorial disputes and maritime boundary delimitation, fishery administration, defense of navigation and maritime safeguard, and missed matters within the legislation of the ocean. this can be the 1st booklet to check maritime legislation in East Asia, and as such will entice teachers of legislations and Asian reviews, legal professionals and coverage makers.

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Sample text

21 It seems that ROC realized the different geographic features of China’s coastlines and endorsed two methods to measure the territorial sea: straight baselines and low-water or normal baselines (Art. 4). 23 Due to political and diplomatic considerations, however, the location of baselines and the outer limit of the territorial sea around Kinmen, Matsu located in the western side of the Taiwan Strait, and for the Spratly Islands group were not announced. Thus, ROC only publicized part of Basic marine laws of mainland China and Taiwan 33 the baselines of China, like PRC, to measure the territorial sea of the land territory under its actual control.

The Regulations on the Protection of Underwater Cultural Relics promulgated in 1989 provide that all cultural relics originating from China, unknown countries or foreign countries which are located in China’s jurisdictional waters belong to China, and any exploration and excavation must be approved by relevant Chinese authorities. 67 A recent sunken boat may not be categorized as a “cultural relic”, but the above regulations can analogously apply. In other words, the salvage is subject to the consent of the Chinese authorities.

If the foreign ship is within a contiguous zone, the pursuit may only be undertaken if there has been a violation of the rights for the protection of which the zone was established. In addition, the right of hot pursuit shall apply mutatis mutandis to violations in the EEZ or on the continental shelf, including safety zones around continental shelf Law of the sea in East Asia 22 installations, of the laws and regulations of the coastal state applicable in accordance with the LOS Convention to the EEZ or the continental shelf, including such safety zones.

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