The Okinawa Trough Issue in the Continental Shelf Delimitation Disputes within the East China Sea

Posted: 8 Mar 2010

See all articles by Jianjun Gao

Jianjun Gao

The Chinese University of Hong Kong (CUHK) - Department of Systems Engineering and Engineering Management

Date Written: March 2010

Abstract

There are two aspects to the controversy over the Okinawa Trough between the States bordering the East China Sea. The scientific aspect concerns whether the Okinawa Trough disrupts the unity of the continental shelf in the East China Sea, and the legal aspect concerns whether geophysical factors should be considered in the delimitation between opposite States where the distance between their coasts is less than 400 nautical miles. The role of the Commission on the Limits of the Continental Shelf in the determination of the scientific nature of the Okinawa Trough is limited by the non-prejudice clause in Article 76 of the Convention on the Law of the Sea. If the Okinawa Trough is proved to constitute a fundamental discontinuity between the natural prolongation of China and Korea on the one hand, and that of Japan on other hand, the median line between the opposite coasts concerned should not be applied in the continental shelf delimitation, for it cannot achieve an equitable solution.

Suggested Citation

Gao, Jianjun, The Okinawa Trough Issue in the Continental Shelf Delimitation Disputes within the East China Sea (March 2010). Chinese Journal of International Law, Vol. 9, Issue 1, pp. 143-177, 2010, Available at SSRN: https://ssrn.com/abstract=1565301 or http://dx.doi.org/jmq002

Jianjun Gao (Contact Author)

The Chinese University of Hong Kong (CUHK) - Department of Systems Engineering and Engineering Management ( email )

Hong Kong
China

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