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Description
This article provides a legal basis for applying straight baselines to China’s mid-ocean archipelagos (Paracels and Diaoyu Islands), arguing that it is justified by customary international law rather than analogy with UNCLOS Articles 7 or 47. The practice, supported by multiple states, constitutes a "sui generis" straight baseline. The author argues that the legality of these baselines depends on the islands constituting a legal "unit". Critiques from the US that rely on UNCLOS’s restrictive water-to-land ratios and maximum lengths are invalid because these limitations do not apply to sui generis baselines derived from customary law.
Publisher
China Maritime Studies Institute, U.S Naval War College
City
Newport, Rhode Island
Keywords
Straight Baselines, Customary International Law, Sui Generis, Mid-Ocean Archipelagos, Unit.
Recommended Citation
Hua, Zhang, "CMSI Archive Translation: On the Legality of Applying Straight Baselines to China’s Mid-Ocean Archipelagos A Perspective from Customary International Law" (2017). CMSI Translations. 48.
https://digital-commons.usnwc.edu/cmsi-translations/48
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