Eight neighboring land and marine rights and interests of our unreasonable demands
Data Figure: China’s flag-raising Navy servicemen stationed in the South China Sea reefs
text/”Outlook” Newsweek reporter Huang Haixia
recent period, China and the surrounding area can be described as uneven waves without wind static.
“sea world power and both are a big country, this is a historical conclusion. Spanish Armada was snatched, with its rolling wealth; British gunboats opened its also the gateway to all the world; now , Stars and Stripes hanging fleet will appear at any time any one in the world and ‘U.S. interests’ about the place. Needless to say, each has as a national historic trail in time to see this should not and will not remain indifferent. “acceptance “Outlook” Newsweek interview, China University of Politics and International Law Research Center, China Institute of Law of the Sea, then Vice President Professor Zhou Zhonghai resounding.
territorial waters, nearly half of the disputed
China is one of the largest island of Shanghai. Accordance with the “United Nations Convention on Law of the Sea”, the maximum under the jurisdiction of coastal states the following six marine areas: ports, inland sea, territorial sea, contiguous zone, exclusive economic zone, continental shelf and so on. Accordingly, provisions, China has nearly 300 million square kilometers of maritime territory.
“As the complexity of historical and practical reasons, the part of China’s three million square kilometers of maritime rights and interests, nearly half of the dispute, the waters were divided, occupied reefs, exploitation of resources is more prevalent. China’s traditional territory on the designated maritime boundaries ‘Kau-line’ in name only. our neighbors, eight marine, land and marine rights and interests of all I made unreasonable demands in different degrees, with a total area of ??about 100 million square kilometers area. “National Defense University Strategic Research Institute Professor Meng Xiangqing in the “Outlook” interview with Newsweek magazine said.
Meng Xiangqing judged that the security situation in the ocean this year will be even more severe. This is because, according to the “United Nations Convention on Law of the Sea,” requires that all parties must be May 13, 2009, before submission to the United Nations Commission on the Limits of Continental Shelf program, or their related requirements will not be recognized. Therefore, some scholars believe that 2009 is the world’s territorial seas and began to re-designate the starting point of major disputes.
Recently, a number of countries around the South China Sea, the move also with this particular background. They used the actual control of domestic legislation, international alliances and other means, I tried to occupation of the South China Sea sovereignty of the fact that legalized and international. Latin American allies strongly in some countries into the water, to the United States to intervene in the South China Sea. In fact, the United States really is pursuing the “intervention, but not into a” strategic ambiguity, in order to obtain maximum benefits. In addition, Japan, India, Australia and other countries overtly or covertly to meddle in the South China Sea issue, trying to fish in troubled waters.
Meng Xiangqing that not only is the South China Sea around the country, the world’s major countries in the disputed islands and reefs, continental shelf, exclusive economic zone, the polar regions of the various acts, not so much to express the real intention, as it is drilling and future international legal loopholes adjustment period gaps, trying to “not accounted for and declared” or “undeclared accounts” for their own means “enclosure movement” to seize the initiative. Japan and South Korea “Dokdo (Takeshima in Japan called) of the dispute”, the Japanese change “Okinotori reef” is “Okinotori”, Britain and France made territorial claims on Antarctica, the Arctic made territorial demands on the United States and Russia, are typical examples.
“the law of the sea in the new system, China’s eight neighboring sea also extended its maritime jurisdiction claims, and the emergence of China’s claims overlap affected, the island’s sovereignty dispute also more complex, “said Zhou Zhonghai.
peaceful settlement of the maritime delimitation dispute
a long time, China’s response to the trend of peaceful settlement of international disputes, through peaceful negotiation and friendly consultation, promotion and the surrounding neighboring sea islands gradually resolve the dispute over sovereignty and maritime demarcation issues, advocate in the disputed waters of the joint development and cooperation, while the state against the sovereignty of our islands and the maritime rights and interests of the conduct of the firm’s representations and struggles.
“After years of efforts and achieved some positive results,” Zhou Zhonghai said: December 25, 2000, after a long and arduous negotiations, China and Vietnam signed the Tonkin Gulf Demarcation Agreement. The agreement was June 30, 2004 to take effect. This is our country under the new law of the sea, and neighbors the first maritime boundary delimitation, of great significance and positive role model.
2005 March, China’s CNOOC and Vietnam, the Philippines National Oil Company signed an agreement in August officially launched operations at sea, in order to gradually achieve the common development of the South China Sea made a good head .
2002, China and 10 ASEAN countries signed the “Declaration on Conduct of Parties in the South China Sea,” emphasized to safeguard regional peace and stability in the South China Sea by peaceful means to resolve their differences, do not take action to complicate the dispute.
At the same time, the maritime demarcation issues are hard to solve the case, maritime cooperation and promote common development of China’s maritime rights and interests in maintaining, strengthening cooperation with neighboring countries, to maintain an effective way around the stable, Over the past decade is the sea between China and neighboring countries, negotiations and discussions on important content. According to Zhou Zhonghai introduced in this regard, we also made a series of progress.
2005 year, concluded between China and North Korea to jointly develop offshore oil agreement the two countries agreed to jointly develop oil resources in adjacent waters. This is our country and its neighbors in the disputed waters around the offshore oil and gas resources to develop the first substantive case.
1997 and 1998, China has with Japan and South Korea signed a fisheries agreement on delimitation of East China Sea and South Yellow Sea to fishing activity prior to the actual nature interim arrangement, the two sides effectively shelved EEZ demarcation disputes, the basic stability of the order of the waters of the fishing operations.
as a legal expert, Zhou Zhonghai of China’s active participation in international marine affairs, international marine legal system closely follow the development of contemporary international marine order to maintain the positive contributions made to feel proud.
China participated in the “United Nations Convention on Law of the Sea” previous Assembly of States Parties, established by the Convention and participated in all important international maritime agencies. China has two ABE elected judges of the Tribunal, the CLCS members and other agencies throughout the country have participated in its work.
our position in the international seabed area continues to improve. Over the years, China has been the country as an investment activity in the International Seabed Authority. Since 2004, China has been elected as a consumer of mineral resources for the Class A member of the International Seabed Authority.
China Ocean Society is the international seabed polymetallic nodule resources of the “pioneer investors”, the International Seabed Authority in 2001 and signed contracts for exploration, as exploration and development of the international seabed polymetallic nodule resources of the contractor in the delineation of a central Pacific polymetallic nodule mining area 75,000 square kilometers.
increase maritime rights enforcement
be regarded as comprehensive human development into the use of the oceans the 21st century, countries have to adjust the coastal marine policy, the United States, Russia, South Korea, India and so have been developed or are developing 21st century maritime strategy and policy. “We can say that planning for the new century, the development of marine industry, the development of international marine policy background has been formed,” This is Zhou Zhonghai analysis.
China is a maritime country, but not a maritime power. In Zhou Zhonghai view, compared with the major maritime nation, we in the marine law enforcement personnel on the unity and systematic as the U.S. Coast Guard, the advanced nature of the technical equipment as the Japanese Coast Guard in marine law enforcement vessels and aircraft equipped with the firepower of the defense as Argentina. The basis of domestic law even more than with the lack of these countries, especially in offshore enforcement.
Speaking of China’s marine rights enforcement, interviewed experts believe that China’s relevant laws and the older, do not meet the new situation, the implementation is relatively small degree, who command, who will perform, execute to what extent? Management is “downtown Kowloon sea”, long simultaneously. China’s current maritime law enforcement teams are: the State Oceanic Administration of China Marine Surveillance; Ministry of China Maritime Safety Administration; the Chinese Ministry of Agriculture, Fisheries; Ministry of Public Security of the Chinese maritime police; Customs anti-smuggling police of the sea.
“the captain of the United States and Britain have a law enforcement manual, failing not to consult, to follow suit on it, while the layers of our requirement is to consult, so consult is completed, things may have gone,” Zhou Zhonghai said.
Looking at the world’s oceans and regions of the country’s maritime law enforcement the power management system can basically be divided into three types: one is relatively centralized and unified management of this type can be divided into two categories, One is the unified management by the government, such as the United States, Germany, Venezuela; one is centralized and unified management by the military authority, such as Saudi Arabia, Denmark, Argentina, with its law enforcement power that the country’s naval forces. The second is the decentralized management system such as Britain, Indonesia and China. The third is between unity and dispersion between the people called the semi-centralized type, such as Australia, France and Japan.
long time, the Chinese spirit of safeguarding regional stability and world peace principle, proposed putting aside disputes and seeking common development. “But now we are faced with a difficult is that some countries are not putting aside disputes, but aside China, the development of China aside,” said Meng Xiangqing, the South China Sea issue in the future, we need new ideas, new thinking. For example, modern international law and modern law of the sea from the relevant international jurisprudence can be seen more and more attention to the actual jurisdiction of the actual control, but relatively neglected historical basis.
Because of this, China’s maritime surveillance, the official said, China will strengthen supervision of the disputed sea area of ??jurisdiction “in international law, there are two practices for the disputed waters, first, to see you there Here the implementation of effective management, the second is the actual control over historical evidence, such as we speak, we have always been this area, but only to say useless, you have to look at the actual control of Chinese maritime surveillance in the waters under the jurisdiction must show their presence, reflecting the effective jurisdiction. “
3 17, China’s” fishery 311, “the first cruise ship Sea Paracel Islands. Day, the South China Sea Fisheries Administration Bureau, Ministry of Agriculture official disclosed that in the next three to five years, there will be more such levels of Chinese cruise ship in the South China Sea.
“This is a declaration of sovereignty, not only escort, fishing protection, not only to protect fishery resources and protect the legitimate rights of our fishermen fishing, the greater is the declaration of sovereignty. I hope This cruise visits regularly oriented, long-term, regular. “Meng Xiangqing said.
“To become a maritime power, must develop their own plans, such as the blueprint for the 21st century.” Zhou Zhonghai that, first of all marine legal system into the Constitution, at the same time, pay close attention to the development and improvement of the PRC Law of the Sea, Marine Areas Act, the Maritime Safety Act, and so on. “We have to learn from Japan in this regard. The Japanese to start soon, a few months on the development of several laws, including” Japan Marine Basic “is the three individuals with two months to complete, Congress passed a month, after 3 months to come up with a Basic Law. “□