（1918010227）
Abstract: The Reunion Islands in the western Indian Ocean are one of France's overseas provinces, but because France actually controls Tromerin Island in the north of Reunion Island, there is a maritime dispute with Mauritius in the east of Reunion Island. After lengthy negotiations, the two sides first determined the delimitation of the EEZ by the method of delineating the midpoint of the equidistance line, and then in 2018, the two sides made concessions and decided to set aside the dispute and develop the waters of Tromelin Island. France has a perfect system of the law of the sea and many legislatures, and there is much to learn and learn from.
Overview of the French Reunion Islands
Réunion, French: La Réunion is a volcanic island in the Maskeline archipelago in the western Indian Ocean. It is one of the twenty-six overseas departments of France, the department of Reunion. Reunion Island covers an area of 2,512 square kilometers and has a coastline of 207 kilometers. The position is 20.9188°S 55.475063°E. About 190 km to the east are the Mauritius Islands, while to the west it is 650 km from Madagascar, Africa's largest island.
Originally discovered by Portuguese colonists during the Discoveries, Reunion was historically occupied by Portugal, Great Britain and France, and finally became official French territory in 1945. The island's population is dominated by white French, descendants of Chinese laborers, Indians and blacks. The island's main industries are tourism and sugar production, and although the sea is extremely rich in ore resources, it has not yet been developed. Foreign trade is also the backbone of Reunion's economy, which is extremely dependent on mainland France and the European Union. As an overseas department of France, Réunion enjoyed the same status as a European province, so Réunion did not break away from France in the wave of colonial independence in the fifties and sixties of the last century. Today, Reunion's positioning for France is more important because of its geographical and economic significance, located in the western Indian Ocean, an important transit point and outpost of French Indian Ocean strategy, and the island is always stationed by French troops and warships.
Figure 1-1, Administrative divisions of Reunion Island (Image from the Internet)
Figure 1-2 Regional location of Reunion Island (picture from the Internet)
France's law of the sea development and maritime policy
As an established continental power, France's civil and commercial law has made a contribution to the world for all to see. France's law of the sea also started very early and yielded very many results. France participated in the three United Nations conferences on the law of the sea in 1958, 1970 and 1973, and before the signing of the United Nations Convention on the Law of the Sea in 1982, France's maritime legislation already had many similarities with the United Nations Convention on the Law of the Sea, such as the 12 nautical miles of the width of the territorial sea in the delimitation of territorial waters, which shows the great influence of France's domestic maritime legislation on the international law of the sea.
We can briefly sort out France's maritime legislation and policies in chronological order:
In 1965, France ratified and acceded to the Convention on the Continental Shelf;
In 1967, France enacted and promulgated the Decree on the Definition of Straight Baselines and Gulf Closure Lines for the Measurement of the Breadth of the Territorial Sea, which for the first time referred to the 12-nautical-mile territorial sea width and laid down the method of planning the Gulf baselines in a specific area, which had far-reaching implications;
On 14 December 1971, France adopted the Law on the Delimitation of French Territorial Waters[1], which stipulates: "The territorial waters of France extend from the baseline to 12 nautical miles. The baselines are the low water mark, straight baseline, and bay closure line determined by decree. The sovereignty of the French State extends to the airspace within its territorial waters and to its seabed and subsoil. Unless otherwise specified, the width of the territorial sea shall not exceed the median line, and each point of the central line shall be at a distance equal to the nearest point on the baselines of the French coast and the European coast of a foreign country opposite or adjacent to the French coast. If the distance between the baseline off the coast of France and the baseline of the coast of a foreign State opposite the coast of France is equal to or less than 24 miles, or if such distance no longer allows for the existence of an area sufficient for navigation on the high seas, arrangements may be made to ensure unimpeded navigation at sea and in the air in accordance with international agreements and, where necessary, through agreements between the States concerned. The provisions of this Act shall not preclude the exercise of fishing rights granted to certain foreign vessels in accordance with international agreements and French law. This Act applies to French overseas territories. "The basic principles of the baseline delineation and equidistant delimitation of Reunion Island follow this Act.
Maritime claims and boundaries of French Reunion
In the northern part of Reunion there is an uninhabited island, Tromlin, which the Government of Mauritius claims to be owned, but Tromlin has always been under the de facto control of France, with which no maritime boundary has been established. In 1978, France began to rectify Reunion Island, and at the same time, it also noted the de facto control of Tromelin Island.
On 3 February 1978, France adopted on the same day the regulations governing the exclusive economic zones of a number of overseas departments, including Reunion and Tromlin, respectively, the Decrees establishing the exclusive economic zones of Tlomlin, Gagrius, Juan Nueva, Europa and Indian Cay[2] and the Decrees establishing the exclusive economic zones off the coast of Reunion[3], and it was not until 2 April 1980 that the Government of the French Republic and the Government of Mauritius signed an agreement to temporarily set aside the dispute over Tromland, The boundary between Reunion and Mauritius in the Indian Ocean is delineated. Since the island of Mauritius is 190 nautical miles from Reunion, there is no dispute between the two sides over the territorial sea with a width of 12 nautical miles and the contiguous zone with a width of 24 nautical miles, and the main content of the 1980 treaty is also intended to resolve disputes between the two countries concerning the exclusive economic zone. In the end, the two countries decided to adopt the terms agreed between the parties at Port Louis on 17 May 1979 to determine the middle line, the red line in Figure 3-1. The demarcation system adopted in this case is the intermediate line drawing system of the equidistance method.
Figure 3-1 Nautical charts define the limits of the exclusive economic zones of the parties
The concept of "equidistance" was established in article 6 of the 1958 Convention on the Continental Shelf[4], i.e., in the absence of agreements and exceptional circumstances, the boundaries of the continental shelf are delimited between States on the basis of an equidistance method ——— a method equal to the nearest point at which the baselines of the breadth of the territorial waters of States are measured.
There is considerable controversy regarding the equidistance-special case rule. According to one view, in accordance with article 6 of the Convention on the Continental Shelf and the practice of States, the "median line" or "equidistance line" has become a rule of customary and general international law governing the delimitation of the continental shelf. According to another view, the Convention on the Continental Shelf did not confer the status of a principle of general international law on the "median line" or "equidistant line", which did not have the status of customary international law.
Furthermore, the United Nations Convention on the Law of the Sea does not include the equidistance-special circumstances rule as a delimitation principle. Since each maritime delimitation is unique, applying the equidistance-special circumstances rule as a general or general rule would lead to unfairness in certain geographical circumstances. In the case of continental shelf delimitation, the equidistance approach in the case of a concave or convex coastline may not be reasonable or unfair.
However, the local maritime conditions are very suitable for the equidistance method of delineation, which is in the common interests of the two countries. According to the treaty, the boundary separates the respective economic zones of the two islands, consists of seven turning points and endpoints, and extends in a northwest-southeast direction. The border is located between the islands of Reunion and Mauritius, similar in shape and size, and crosses the relatively deep waters of the southwestern Indian Ocean (3300-5000 meters). In the northwest, the border begins at three points about 153 nautical miles out to sea from the islands of Reunion, Mauritius and Tromelin (an unrelated French island administered from Reunion). The border is closest to Reunion and Mauritius at turning point 4, since the two islands are about 95 nautical miles from each other at this point.
The line continues southeast until it reaches a point 200 nautical miles from each island. The total length of the border is 364.8 nautical miles. The boundary is a middle line because, as indicated in the treaty, the two States agree that in this particular case, the equidistance method constitutes an "equitable delimitation system" and that the distance between the turning points of the boundary and between the turning points and the nearest territory is listed in the schedule, which is shown in figure 3-2.
Figure 3-2 Attached table
It should be noted that on 16 July 1976 France adopted the Decree on the Coastal Economic Zone of the Republic (Act Nos. 76-655) [5], and it was the concept of the coastal economic zone in this decree that eventually evolved and was named the "exclusive economic zone". Although at the Third United Nations Conference on the Law of the Sea "inherited sea" (the area of the ocean adjacent to the territorial sea, the width of which should not exceed 200 nautical miles from the baseline of the territorial sea; The coastal State has sovereignty over the natural specific resources inherited from the waters of the sea, the seabed and the subsoil. The concept of "exclusive economic zone" was proposed by Latin American countries, and the concept of "exclusive economic zone" was proposed by African countries, but considering the far-reaching impact of the French colonial system on African countries at that time, it is not difficult to see the great significance of this French legislation to the formation of the concept of "exclusive economic zone".
The decree clearly states that "the Republic shall exercise its sovereign right for the exploration and exploitation of natural resources, whether natural resources or not, in the economic zone extending from the outer limits of the territorial sea to 188 nautical miles, as long as they are on the seabed and in its subsoil and upper waters." These rights shall be exercised in accordance with the terms and conditions set forth below. The provisions relating to exploration of the continental shelf and the exploitation of its natural resources shall apply to the seabed and oceans. The provisions of the Maritime Fisheries Act of 9 January 1852, as amended, and the Law on the Prohibition of Aliens from Fishing in the Territorial Sea of 1 March 1888, as amended, shall apply to the economic zones provided for in article 1.
In the economic zone provided for in article 1, the French authorities shall exercise jurisdiction recognized by international law relating to the protection of the marine environment. "It can be seen that although the 1976 Act removes only four procedural provisions, each of them hits the point, and deals with the implementation of the laws and regulations of the coastal State, the use and conservation of biological resources, the rights, jurisdiction and obligations of the coastal State in its exclusive economic zone, the right to fish, etc. In the United Nations Convention on the Law of the Sea, these elements are also at the forefront of the exclusive economic zone chapter.
However, the 1982 treaty only stipulates the demarcation line of the exclusive economic zone between the two sides, and other rights and obligations are not stipulated in the treaty, and by consulting the official website of the French Republic, we can see that France and Mauritius are still constantly negotiating. In 2005, the Government of the French Republic signed a treaty with another neighbouring country in the area, Madagascar, which for the first time published in its entirety a map of the exclusive economic zone delimitation of Reunion Island and Tromelin, its northern de facto control island, and established the boundary of the exclusive economic zone with Madagascar in the same way as the central point of the equidistance line, as shown in Figure 3-4 [6].
It is worth noting that in Figure 3-3, points 11-17 are the boundaries of the exclusive economic zone stipulated in the treaty signed between France and Mauritius in 1982, and the Mauritian government at this time, after learning that France had established an exclusive economic zone for Tromelin Island, did not make solemn representations to France for claiming rights to Tromelin Island. It can be understood that the Government of Mauritius has compromised with the French Government based on practical considerations and has recognized the island of Tromelin as belonging to and under the de facto jurisdiction of the French Government.
Figure 3-3 Map of the exclusive economic zone delineation of Reunion and Tromelin Islands, France
Figure 3-4 France and Madagascar define the line of exclusive economic separation, still using the equidistance line delimitation method
Finally, in 2017, France and Mauritius finally sat down at the negotiating table again and finalized the EEZ and the specifics of the territorial dispute. On 16 January 2018, France adopted the Decree Determining the Outer Limits of the Territorial Sea of Reunion Island (Decree No. 2018-24)[7], in which 141 points are connected to form the outer limits of the territorial sea of Reunion Island (see Figures 3-5).
The dispute between the parties concerning the territory and exclusive economic zone has come to an end, and the rights, obligations and jurisdiction of the exclusive economic zone to which France belongs shall be determined in accordance with the relevant legal provisions adopted by the French mainland. In addition, with regard to Tromelin, both the Government of the French Republic and the Government of Mauritius have made significant concessions, and France has allowed Mauritian fishing vessels to enter the exclusive economic zone of Tromelin for fishing operations, but the amount and method of fishing and the timing of the catch will require further negotiations between France and Mao, and the Government of Mauritius has also set aside its claim to Tromelin. Today, the maritime disputes between France and various countries in the western Indian Ocean have basically been settled.
4. Reference and enlightenment
As a powerful country in the law of the sea, France's development and typical cases of the law of the sea must have reference significance. The mainland, like France, is a statutory law country, and if part of France's law of the sea system can be borrowed or transplanted into the continental law of the sea system, it will also have a considerable impact on the development of the continental law of the sea. So, in the delimitation of the exclusive economic zones of French Reunion and Mauritius. The two countries have adopted the equidistance line midpoint delimitation method, which is not directly stated in the United Nations Convention on the Law of the Sea, but 34 of the 167 national maritime boundary delimitation agreements available today use equidistance line delimitation, accounting for one-fifth. The equidistant line delineation method has the unique advantage of [w1] in that the ranging is simple and efficient, and it is a visual representation of fairness for the two countries that signed the treaty - the ocean is divided equally without too many other factors to consider.
However, it is also necessary to clarify the circumstances under which equidistant lines should be excluded, first and foremost in the case of the natural extension of the land territory of the coastal State to the seabed, and the principle of natural extension is the basis for States to claim sovereign rights over the continental shelf. "A certain seabed area which does not constitute a natural extension of the land territory of a coastal State cannot be considered to belong to that State, even if it is closer than that of any other State".
The second point is the proportion of the length of coastlines between the countries concerned. It refers to the relationship between the length of the relevant coastline of the adjacent delimitation sea area of the country concerned and the relevant sea area obtained by the party through the delimitation method, and this relationship can be expressed by mathematical ratio. The third point is the existence of specific geological and geomorphological factors. The continental shelf generally refers to a relatively flat area of shallow ocean floor where the coast extends into the ocean until a rapidly sinking continent. However, the continental shelf is not an infinite extension of the land territory to the seabed, but is limited by the relevant geological and geomorphological factors of the seabed, such as the appearance of a seabed trough in front of the continental shelf or the emergence of a seabed area completely different from the material composition of the continental shelf, which may cause the natural extension of the continental shelf to terminate there.
It can be seen that the equidistant line delineation method is only a method for determining the boundaries of maritime areas, and is not in itself a basic principle established by the United Nations Convention on the International Convention on the Law of the Sea. This method should be excluded where it is not beneficial to apply the equidistance method.
However, it should be noted that the dispute between China and Japan over the East China Sea is not suitable for equidistant delineation. First of all, the coastline of the mainland is more than 3,000 kilometers long, and Japan's coastline is fragmented, and if the equidistant line method is used, it will produce the fait accompli that the entire long coastline and the fragmented and shorter coastline can be divided equally, which is very unfair to China. Second, the midpoint of the equidistance line should be premised on the natural extension of the continental shelf, but the natural landform of the Ryukyu Trench objectively divides the continental shelves of China and Japan. Since the two are not on the same continental shelf, they naturally lose the premise of the equidistant line method.
Secondly, the baselines of the territorial sea in French waters have many forms, including straight baselines, coastal low-tide baselines, and specific baselines in special areas, and the baseline form is more flexible. In the South China Sea, considering that the mainland and Southeast Asian coastal countries have many maritime disputes and conflicts, on the premise of ensuring national interests, it may be possible to negotiate with Southeast Asian countries to delineate specific baselines in a special area. Set aside disputes and pursue the best interests between countries. And through treaties and domestic legislation in a timely manner to determine and adopt specific boundaries, rights and obligations, to prevent future changes.
Finally, there is one aspect of France's law of sea legislation that is at the forefront of the world — the protection of maritime heritage. The protection of maritime heritage was mentioned in the Archaeological Discoveries and Excavations Act of 1941, and in 1989 the French Government directly adopted the Marine Cultural Heritage and Act amending the Act of 27 September 1941<考古挖掘管理法>. As the world's largest ancient civilization, the continent should also attach importance to the development and protection of marine cultural heritage, and should legislate in a timely manner to fill the gap in this area in the law of the sea system.
[1] Decree No 2018-24 of 16 January 2018 establishing the outer limit of the territorial sea off the island of La Réu -nion.https://www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDFFILES/DEPOSIT/fra-mzn149.2019-2018-24-La_Reunion_FRE.pdf
[2] Law No. 76-655 o f 16 July 1976 Relating to the Economic Zone off the Coasts o f the Territory o f the Republic.https://www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDFFILES/FRA_1976_Law.pdf
[3] Secret n° 2007-1254 of 21 August 2007 publishing the agreement between the Government of the French Republic^aise and the Government of the Republic of Madagascar on the delimitation of the marshal spaces between the Meeting and Madagascar, signed in Saint-Denis on 14 April 2005 NOR: MAEJ0762337D
[4] Article 6 1. If the same continental shelf adjoins the territory of two or more States with opposite coasts, the limits of the continental shelf belonging to those States shall be determined by agreement between those States. In the absence of an agreement, a boundary is a median line whose point is equal to the nearest point of the baseline from which the breadth of the territorial sea of States is measured, unless a boundary is established in exceptional circumstances. 2. If the same continental shelf is adjacent to the territory of two neighbouring States, the limits of the continental shelf shall be determined by agreement between the two States. In the absence of an agreement, the boundary shall be determined by the principle of being at a distance equal to the nearest point of the baselines from which the breadth of the territorial sea of States is measured, unless the boundary is determined in exceptional circumstances. 3. In delimiting the limits of the continental shelf, any line drawn in accordance with the principles contained in paragraphs 1 and 2 of this Article shall be determined by reference to charts and topography existing at a given date, taking into account permanently fixed points on land.
[5] The outer limit of the French exclusive economic zone off the islands of Réunion and Tromelin is defined by the lines described below. All coordinates are expressed in the WGS84 geodetic system.https://www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDFFILES/DEPOSIT/fra_mzn74_2009.pdf
[6] Decree No. 78-148 o f 3 February 1978 Creating an Exclusive Economic Zone off the Coasts o f La Reunion.https://www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDFFILES/FRA_1978_Decree148.pdf
[7] Law No. 71-1060 o f 14 December 1971 Regarding the Delimitation o f French Territorial Waters.https://www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDFFILES/FRA_1971_Law.pdf