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國際海洋法法庭<孟加拉灣劃界案>之研析-兼論南海島礁劃界之啟示
Journal article

國際海洋法法庭<孟加拉灣劃界案>之研析-兼論南海島礁劃界之啟示

宗翰 戴 and 建得 范
比較法研究 比較法研究, (5), pp.136-151
2014

Abstract

孟加拉灣;單一劃界線;等距/相關情況劃界法;全效力;灰區;Bay of Bengal;single maritime boundary line;equidistance /relevant circumstances method;full effect;grey zone
On March 14 th,2012,the International Tribunal for the Law of the Sea( ITLOS)judged the Case Dispute Concerning Delimitation of the Maritime Boundary between Bangladesh and Myanmar in the Bay of Bengal. It’s the first judgment regarding sea boundary delimitation since 1996,when the ITLOS established,the first adjudication of a maritime boundary in Asia as well. The notable contributions in this case not only mentioned"first"records in this case,but also four unique landmark decisions which have been judged. There are 1) treatment of islands in delimitation,2) ITLOS has jurisdiction to delimit continental shelf beyond 200 nm,3) the equidistance /relevant circumstances method could be applied to delimit continental shelf beyond 200 nm,4) the resolution towards so called"grey zone"(Grey Zone could be treated a zone where continental shelf rights are determined to belong to one of the parties but jurisdiction concerning the overlying water column rest with the other party). If the four unique decisions could also be applied by other tribunals,it would create a significant and deep influence to deal with similar cases in the future. By the way,St. Martin’s Island as legal status of"island"which meets the condition of article 121,United Nations Convention on the Law of the Sea(UNCLOS),however,the ITLOS determined that the island should not be given any effect on the maritime boundary delimitation except in the territorial sea. The treatment of island in this case just in accordance with the developing trend in case law,and the attention regarding this trend should be drawn by Taiwan and PRC when dealing with the island delimitation in the South China Sea(SCS).

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