论海洋划界争端中“相关海岸”的识别

Identifying the concept of relevant coast in maritime delimitation disputes

"相关海岸"概念的产生离不开海洋划界法律制度的发展。国际法院将"相关海岸"定义为争端各方能够产生重叠海洋权利主张的海岸。识别"相关海岸"的作用是确定争端各方产生重叠海洋权利主张的海域以及构成进行不成比例检验的前提条件。识别"相关海岸"需考虑两个因素,其一为"产生重叠权利",其二为"忠实于真实的地理情况"。岛屿、海湾构成识别"相关海岸"的特殊情况,需要根据自身情况判断其是否能够被识别为"相关海岸"。

The concept of relevant coast is inseparable from the development of the legal system of maritime delimitation. The International Court of Justice defined relevant coast as the coast that could produce overlapping ocean claims. Identifying rel- evant coast is important to determine the sea in which there are overlapping maritime claims and it is also a prerequisite for the constitution of disproportionate test. Identifying relevant coasts needs to consider two factors, one is overlapping rights, and the second is faithful real geography. Islands and bays constitute the special case for the recognition of relevant coast and to determine whether it can be identified as relevant coast should consider their own situation.