了得網自然科學_大陸架國際會議論文集第四輯（英文版，附光盤）

內容簡介

Jiabiao Li、Yinxia Fang、Zhiguo Gao、 Haiwen Zhang主編的這本《TECHNICAL AND LEGAL ASPECTS OF THE REGIMES OF THE CONTINENTAL SHELF AND THE AREA（THE FOURTH ALBUM）（英文版）》是由國家海洋局和中國大洋礦產資源研究開發協會資助，國家海洋局第二海洋研究所和海洋發展戰略研究所共同主辦的第四屆大陸架和國際海底區域制度科學與法律問題國際研討會論文集。主要內容包括與大陸架制度理論與實踐相關的科學問題、與國際海底資源勘探與環境保護相關的科學問題，以及外大陸架和區域的法律問題、劃定外大陸架的國際和地區實踐等。

Preface
Acknowledgements
Welcome Remarks
Address of the Leader of the State Oceanic Administration
Address of the Presentation from the Ministry of Foreign Affairs of the People’s Republic of China
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)
Work Progress of the International Seabed Authority
China’s Practice Regarding the Regimes of the Continental Shelf and theArea
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
Commission on the Limits of the Continental Shelf 17 Years of Article 76 Implementation
The Applicability and the Application of the Evidence to the Contrary
Resources of the Area and Deep Seabed: New DevelopmentPreface

Acknowledgements

Welcome Remarks

Address of the Leader of the State Oceanic Administration

Address of the Presentation from the Ministry of Foreign Affairs of the People’s Republic of China

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)

Work Progress of the International Seabed Authority

China’s Practice Regarding the Regimes of the Continental Shelf and theArea

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

Commission on the Limits of the Continental Shelf 17 Years of Article 76 Implementation

The Applicability and the Application of the Evidence to the Contrary

Resources of the Area and Deep Seabed: New Development

Mid-Ocean Ridges: Their Generation and Associated Mineral Deposits

Hydrothermal Exploration: How? Where? Why?

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

Working Relationship of the International Tribunal for the Law of the Sea with other Relevant Institutions

Implementation of Article 82: Theory and Practice

Access to Marine Genetic Resources in Area beyond National Jurisdiction:A Chinese Perspective

Characteristics and Effects of Submissions to the CLCS in the East China Sea and South China Sea

The Latin American Claims and their Impact on the Definition of the Continental Shelf and its Outer Limits

The Continental Shelf of the United States: Trends and Projections in Policy and Law

Disputed Continental Shelf Areas beyond 200 Nautical Miles: Some Reflections

在線試讀

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 QiuCD 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

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