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Sovereignty and the Law of the Sea: a comparison between United States and the People's Republic of China

Thesis/Dissertation ·
OSTI ID:5290434
Different countries possess variant perceptions and interpretations of the principle of sovereignty. For purpose of analysis, these interpretations can be grouped into two different approaches. The full-sovereignty proponents base their position in a near-absolute conception of sovereign power. The rules of law binding upon states therefore emanate from their free will. Supporters of the limited-sovereignty approach contend that the sovereignty of a state in the international context is inherently limited by customary norms of international law, irrespectively of that state's consent. By employing these two concepts of sovereignty, a comparative study is made between United States and Chine (PRC) regarding the law of the sea. The study centers on some related questions. In terms of the principle of state sovereignty, do both the U.S. and China adopt the same concept of sovereignty. In what ways and to what extent are concerns with sovereign rights reflected in both countries' views of the law of the sea issues. The significance of the findings shows that both countries espouse full sovereignty approach in four key issue areas: territorial sea, exclusive economic zone, continental shelf, and deep-seabed mining.
Research Organization:
Oregon Univ., Eugene (USA)
OSTI ID:
5290434
Country of Publication:
United States
Language:
English

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