Why the 2008 Sino-Japanese Consensus on the East China Sea Has Stalled: Good Faith and Reciprocity Considerations in Interim Measures Pending a Maritime Boundary Delimitation

摘要

This article examines the 2008 Sino-Japanese Consensus on the East China Sea in the context of the seemingly vague obligations in the Law of the Sea Convention regarding overlapping claims for states to "make every effort to enter into provisional arrangements of a practical nature. " The conclusion reached is that, while the claims of the two states in the East China Sea are based in good faith, there is a lack of reciprocity in the Consensus that helps explain it's fragile nature.