内容简介
Part One CHAPTER ONE.THE DEFINITION OF AN ISLAND
1.Definition for the purpose of generating a territorial sea
(a)"Natural formation"
(b)Emergence at high-tide
(c)Alternative criteria now rejected
2.Definition for the purpose of drawing base-lines from which the territorial sea is measured
3.Methods of drawing base-lines involving islands
(a)Situations where the normal,low-water mark is used
(b)Situations where the straight base-lines method is used
(c)Situations where the island lies within a Bay
4.Definition for the purpose of generating a continental shelf or exclusive economic zone
5.The Effect of Islands on Territorial Sea boundaries with adjacent or opposite States
(a)Islands proximate to their own mainland coast
(b)Islands in the "median" zone
(c)Islands proximate to a "foreign" mainland
CHAPTER TWO.SOVEREIGNTY OVER ISLANDS
1.Islands lying within the Territorial Sea of a State
2.Islands lying in the High Seas
(a)The degree and kind of sovereign authority required
(b)The requirement that acts be performed with animus occupandi or in order to assert sovereignty
CHAPTER THREE.ISLANDS AND THEIR RELATION TO BOUNDARIES IN NAVIGABLE RIVERS
1.The location of the boundary in the river
2.The location of islands and the attribution of sovereignty over islands by reference to the thalweg
3.The consequences of changes in the course of a river
4.The effects of such changes on Islands
CHAPTER FOUR.ARCHIPELAGOS
1.Introduction
2.The Ango-Norwegian Fisheries Case
3.The work of the International Law Commission
4.State Practice
(a)Coastal Archipelagos
(b)Oceanic Archipelagos
(ⅰ)Variety of forms
(ⅱ)The issues involved
(α)Security
(β)Economic
5.The resolution of the problems of archipelagos at the Third U.N.Law of the Sea Conference
(a)Definition of an Archipelagic State and rules on base-lines
(b)The status of archipelagic waters
CHAPTER FIVE.ARTIFICIAL ISLANDS
1.Authority to establish such islands or installations
2.Restrictions on the construction and operation of such islands and installations
3.Jurisdiction and Control
4.Responsibility for artificial islands and installations
5.The effect on base-lines
CHAPTER SIX.ISLANDS AND THE CONTINENTAL SHELF
1.Entitlement of Islands to a Continental Shelf
2.The Allocation of an appropriate share of the Shelf
3.The Effect of Islands on Shelf Boundaries
(a)Under the 1958 Geneva Convention on the Continental Shelf
(ⅰ)The scope of Article 6
(ⅱ)The relationship between 'agreement',the median or equidistance line,and 'special circumstances'
(ⅲ)The meaning of 'special circumstances' and their effect on the boundary
(ⅳ)The practice of the Parties
(α)Agreements between 'opposite' States
(β)Agreements between 'adjacent' States
(b)Under Customary International Law
(ⅰ)Agreements between 'opposite' States
(ⅱ)Agreements between 'adjacent' States
4.The Technical problems of using the equidistance method
5.The rules for delimitation of continental shelf boundaries in the Informal Composite Negotiating Text
Part Two CHAPTER SEVEN.THE ENGLISH CHANNEL AND THE SOUTHWESTERN APPROACHES
1.The facts as to the Geography and Geology of the area
(a)The Channel Islands
(b)The Atlantic Area
2.The Law applicable:Article 6 of the
Convention,its meaning and its relation to customary law
3.The application of the law to the Channel Islands area
4.The application of the law to the Southwestern Approaches or Atlantic area
5.A tentative evaluation of the implications of the Award
(a)The interpretation of Article 6 and the predictability of maritime boundaries
(b)The relative weight of geographical,geological and other relevant factors
(c)The relevance of the Award to other "island" situations
(d)The Court's use of State practice as evidence of the rules of international law
(e)The Court's adoption of legal arguments proprio motu
(f)The technique of giving reduced effect to islands
6.The interpretation of its Award by the Court of Arbitration in its subsequent decision of 14 March,1978
(a)The limits of the Court's power of interpretation
(b)The substance of the contradictions alleged by the United Kingdom and the Court's decision in relation to them
CHAPTER EIGHT.THE AEGEAN SEA
1.Introduction
2.The Base-lines from which maritime limits are drawn
(a)Turkey
(b)Greece
3.The Effect of islands on the Territorial Sea
4.The Effect of islands on the Continental Shelf
(a)The criterion of the "natural prolongation"of the landmass
(b)The division of areas that 'overlap'
(c)Subsidiary factors
5.Comparable State Practice
6.The implications of the U.K./France Award over the English Channel for the Aegean dispute
CHAPTER NINE.THE CHINA SEA
1.Introduction
2.The Base-lines from which maritime limits are drawn
(a)China
(b)The Republic of Korea
(c)Japan
(d)The Philippines
3.Disputed Islands
(a)The Tiao Yu Tai Islands(the Senkaku Islands)
(b)The Islands of Takeshima
(c)The Paracel Islands(Hsisha Islands)
(d)The Spratly Islands(Nansha Islands)
4.Maritime Boundaries
(a)Agreed Boundaries
(ⅰ)Japan/Republic of Korea
(ⅱ)Indonesia/ Malaysia
(b)Areas not regulated by Agreements
(ⅰ)The Yellow Sea
(ⅱ)The East China Sea
(ⅲ)The South China Sea
CHAPTER TEN.THE GULF OF VENEZUELA
1.Introduction
2.Base-lines and the Territorial Sea
3.The effect of islands on the continental shelf
(a)The criterion of "natural prolongation"
(b)The general configuration of the coasts of Parties,as well as the presence of any special or unusual features
(c)The physical and geological structure,and natural resources,of the shelf areas involved
(d)The proportionality factor
INDEX
DIAGRAMS AND MAPS
Fig.A.Islands,base-lines and the territorial sea
Fig.B.Straight base-lines off N.W.coast of Scotland
Fig.C.Islands in a Multi-mouthed Bay
Fig.D.Islands screening mouth of a Bay
Fig.E.Diagrammatic illustration of islands and Continental Shelf boundaries
Fig.F.Boundary Chart of Channel Arbitration Area
Fig.G.Diagrammatic illustrations of half-effect to islands
Fig.H.Map of North Aegean
Fig.I.Map of South Aegean
Fig.J.Geological Map of China Seas
Fig.K.Base-lines of China(Yellow Sea)
Fig.L.Base-lines of China(East and South China Seas)
Fig.M.Map of Japan/ Korea Shelf Boundary
Fig.N.Map of Gulf of Venezuela