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4 J. E. Asia & Int'l L. 377 (2011)
Problems and Practices in Maritime Delimitation in East Asia: With Special Reference to Taiwan

handle is hein.journals/jeasil4 and id is 372 raw text is: Maritime Delimitation & Taiwan 377

NOTES & COMMENTS
Problems and Practices in
Maritime Delimitation in
East Asia: With Special
Reference to Taiwan
Michael Sheng-ti Gau *
The countries in East Asia continue to have problems in maritime boundary
delimitation. The collision on September 7, 2010 between a Chinese fishing vessel
(Minjinyu) and a Japanese patrol boat in the waters near Diaoyu/Senkaku Islands is
interesting to observe as a step in dispute settlement process. The differences between
the PRC and Japan on maritime boundary delinitation for the East China Sea and
the legal status of Diaoyu/Senkaku Islands are demonstrated by this incident. To see
things in their context, it is necessary to observe the practices of East Asian
countries in handling their maritine boundary delimitations, especially those
involving islands zith disputed legal status. The rules of international law relating
to the pacific settlemeni of dispute and maritime delimitation dispute resolution,
which involve a preliminarj soereignty dispute over islands, are also relevant as a
much broader background. The author oill examine chy certain maritime
delinitation cases are particularlyj hard to handle. The lessons drawn from this paper
is inspiring for Tai oan, a long -tine marginalized player in East Asian regional
affairs. The author oill examine the difficulties and opportunities for Taizoan in
maritime boundary delinitation and offer a suggestion on howo to accomplish such
task with neighboring countries.
Keywords
Diaoyu/Senkaku Islands, Japan's Northern Territories, Maritime
Boundary Delimitation, JDZ, Taiwan, Minjinyu
Associate Professor of International Law at National Taiwan Ocean Universit,. LL.B. (NTU), LL.M. (Cantab & King s
College, London), Ph.D. (Leiden). The author is thankful for the comments given by the reviewers and the
encouragement of Professor Hu Nien-Tsu who organized a 2010 Conference on National Oceans Policymaking on
August 27, 2010 in Taipei, Taiwan where the main ideas of this paper were presented. The opinions expressed here

IV J EAIL 2 (?oil)

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