48
Y. Jin
the outer continental shelf or the Area which needs approval of the bodies within the
system of the UNCLOS, i.e., the Commission on the Limits of the Continental Shelf
or the International Sea-bed Authority.
24
3.3.4 Principle of Equity
In the UNCLOS, provisions relating to the principle of equity are Article 59, Paragraph 1 of Article 74, Paragraph 1 of Article 83, Paragraph 4 of Article 82, Paragraph
2 of Article 140. They mainly have the following three aspects. Firstly, Article 59
is about the dispute over unattributed rights in the Exclusive Economic Zone, especially dispute over security irrelevant to the legislative purpose of the Exclusive
Economic Zone. For example, the issues regarding military activities in the Exclusive Economic Zone should be resolved on the basis of equity and in the light of all
the relevant circumstances. Secondly, Articles 74 and 83 are about the equitable solution of delimitation of the Exclusive Economic Zone and the continental shelf, which
has been developed in international judicial practice and the delimitation model of
achieving equitable solution has been established (i.e. the three-stage delimitation
methodology).
25 Thirdly, Articles 82 and 140 relate to equitable sharing or distribution of interests or financial benefits of the non-living resources of the continental
shelf beyond 200 nautical miles, which is an important issue within the International
Sea-bed Authority.
3.3.5 Principle of the Common Heritage of Mankind
The importance of establishing the principle of the common heritage of mankind
in the international sea-bed area of the UNCLOS (the Area) not only shows that
it is an essential requirement of maintaining order at sea and achieving common
development, but also makes it become an ‘inviolable’ important principle. Therefore, it is of important significance in theoretical innovation and practice to strengthen
comprehensive management in the sea including managing activities and distributing
interests in the Area through the International Sea-bed Authority.
26
24 For example, Paragraph 8 of Article 76, Article 153 of the United Nations Convention on the Law
of the Sea.
25 According to the Three-stage Delimitation Methodology, the first stage is to draw a provisional
delimitation line or a median line; the second stage is to weigh relevant facts for achieving equitable
results and discuss whether it is necessary to adjust the provisional equidistance line or median line;
the last stage is to check the proportion between the length of the coastline and the size of allocated
maritime zones and determine whether such line leads to unfair result for further adjustment. See
ICJ Reports, 2009, pp. 101–103, paras.115–122.
26 For example, Article 136, Article 154, Paragraph 6 of Article 311, Article 156, Paragraph 1 of
Article 157, Paragraph 2 of Article 140 of the United Nations Convention on the Law of the Sea.
Y. Jin
the outer continental shelf or the Area which needs approval of the bodies within the
system of the UNCLOS, i.e., the Commission on the Limits of the Continental Shelf
or the International Sea-bed Authority.
24
3.3.4 Principle of Equity
In the UNCLOS, provisions relating to the principle of equity are Article 59, Paragraph 1 of Article 74, Paragraph 1 of Article 83, Paragraph 4 of Article 82, Paragraph
2 of Article 140. They mainly have the following three aspects. Firstly, Article 59
is about the dispute over unattributed rights in the Exclusive Economic Zone, especially dispute over security irrelevant to the legislative purpose of the Exclusive
Economic Zone. For example, the issues regarding military activities in the Exclusive Economic Zone should be resolved on the basis of equity and in the light of all
the relevant circumstances. Secondly, Articles 74 and 83 are about the equitable solution of delimitation of the Exclusive Economic Zone and the continental shelf, which
has been developed in international judicial practice and the delimitation model of
achieving equitable solution has been established (i.e. the three-stage delimitation
methodology).
25 Thirdly, Articles 82 and 140 relate to equitable sharing or distribution of interests or financial benefits of the non-living resources of the continental
shelf beyond 200 nautical miles, which is an important issue within the International
Sea-bed Authority.
3.3.5 Principle of the Common Heritage of Mankind
The importance of establishing the principle of the common heritage of mankind
in the international sea-bed area of the UNCLOS (the Area) not only shows that
it is an essential requirement of maintaining order at sea and achieving common
development, but also makes it become an ‘inviolable’ important principle. Therefore, it is of important significance in theoretical innovation and practice to strengthen
comprehensive management in the sea including managing activities and distributing
interests in the Area through the International Sea-bed Authority.
26
24 For example, Paragraph 8 of Article 76, Article 153 of the United Nations Convention on the Law
of the Sea.
25 According to the Three-stage Delimitation Methodology, the first stage is to draw a provisional
delimitation line or a median line; the second stage is to weigh relevant facts for achieving equitable
results and discuss whether it is necessary to adjust the provisional equidistance line or median line;
the last stage is to check the proportion between the length of the coastline and the size of allocated
maritime zones and determine whether such line leads to unfair result for further adjustment. See
ICJ Reports, 2009, pp. 101–103, paras.115–122.
26 For example, Article 136, Article 154, Paragraph 6 of Article 311, Article 156, Paragraph 1 of
Article 157, Paragraph 2 of Article 140 of the United Nations Convention on the Law of the Sea.