Equitable Principles/Relevant Circumstances Rule and the Case of China’s Delimitation of Continental Shelf Principles

　　Abstract: In recent years, judgments passed by the International Court of Justice (ICJ) have raised the so-called “equitable principles/relevant circumstances rule;” in particular, on 3 February 2009, in the case concerning Maritime Delimitation in the Black Sea, ICJ affirms equitable principles/relevant circumstances approach in its ruling. The rule is based on the equity principle, though it focuses more in the nature of the principle than the methods of delimitation of borders. Instead of simple application of the equidistance principle, the equity approach involves balancing up all equitable factors in the delimitation area and evaluates each factor according to its relative weight in the dispute. Over these years, the equitable principles have gradually transited into a set of customary legal institution which is widely accepted within the international society. This rule is also gaining greater importance in cases of maritime boundary delimitation. By extension of these principles and rule, China’s claim over the continental shelf of East China Sea is unquestionable.

　　Authors: Zhang Weibin, PhD Candidate, East China University of Political Science and Law