On Common Ownership of Continental Shelves
【中文摘要】本文从分析上个世纪以来国家间大陆架划界争端中存在的问题入 手，在分析公法和私法关系以及国际法和国内法关系的趋同性的基础上，参照国内民法领域的共同所有制度，提出了不同于以往的“搁置主权，联合开发”的大 陆架争端解决方法。对于大陆架资源开发所引发的争端，笔者主张在充分进行国 家间以及国际利益衡量的前提下，先以共有的形式解决大陆架所涉的主权权利问 题，然后再以强制的合资模式进行资源合作开发。当然，这种新型的解决方式会 受到历史性、国家政策、国际关系等因素的影响。所以，针对不同的争议区域应该 采取灵活的处理方式。 【Abstract】This paper starts with an analysis of the problems concerning disputes between various States over the delimitation of the continental shelf since the last century. Based on an analysis of the convergences between public law and private law as well as those between international law and domestic law and with reference to the regime of common ownership in the field of domestic civil law, this paper has put forward a brand new approach on the settlement of disputes over the continental shelf completely different from the principle of “shelving sovereignty and seeking joint development”. Specifically, for disputes arising from the exploitation of resources on the continental shelf, this paper subsequently proposes that, on the premise that the interests between different States and international interests are taken into full account, first, the regime of common ownership should be introduced to resolve issues relating to the sovereign rights over the continental shelf, and then joint exploitation of resources should be carried out in the compulsory form of joint venture. Of course, this new principle may be affected by historical factors, national policies, international relations, etc. Therefore, different approaches should be flexibly taken so as to resolve disputes in different areas.