128
H. Zhang
As regards the nature of unity, it is common sense that the Xisha/Paracel Islands
constitute a whole group in the respect of geography, history, economy, politics and
environment. In accordance with the typical state practice, the system of straight
baselines applied to Xisha/Paracel Islands contains the main islands and follows the
general configuration of the archipelago. Among the 27 segments of baselines, 21
segments of straight baselines range from 0.2 nm to 2 nm in length. The longest two
segments are 75.8 nm and 78.8 nm respectively.
49 It is notable that the longest two
straight baselines in the case of Faroe Islands and Galapagos Islands even amount
to 60.8 nm and 124 nm respectively.
50 It follows from the foregoing analysis that
China’s practice in the case of Xisha/Paracel Islands calls for more tolerance.
Nor can the straight baselines applied to the Diaoyu Islands be reprehended
without reservation from a legal perspective. The Diaoyu Islands constitute an integral group which can be dated back to ancient times. It should be emphasized that, to
avoid enclosing a too broad area of the East China Sea, China separates the Chiwei
Yu Islands from the Diaoyu Islands and applies two sets of straight baselines, even
though both groups are generally regarded as an integral unity in Chinese history and
culture. Such a cautious application renders the longest segment of straight baselines
only 16.22 nm in length,
51 which shows good faith towards the traditional maritime
rights of other states, and reflects China’s respect for general international law to a
certain extent.
7.4.2 The Prospect of China’s Application of Straight
Baselines in the South China Sea
According to Article 3 of China’s Law on the Territorial Sea and the Contiguous
Zones 1992, “The method of straight baselines composed of all the straight lines
joining the adjacent base points shall be employed in drawing the baselines of the
territorial sea of the People’s Republic of China”. In addition, bearing in mind the
nine-dash line upheld persistently by China since 1947, and the existing practice of
drawing straight baselines for the Xisha Islands and Diaoyu Islands, it cannot be
excluded the possibility that China would apply the straight baselines to three other
groups of islands in the South China Sea, especially the Nansha/Sprartly Islands, in
the foreseeable future.
52
49 USA Department of State, “Straight Baselines Claim: China”, Limits in the Seas, No. 117, 1996,
p. 16.
50 See USA Department of State, “Straight Baselines: Faeroes”, Limits in the Seas, No. 13, 1970,
p. 3; also USA Department of State, “Straight Baselines: Ecuador”, Limits in the Seas, No. 42, 1972,
p. 7.
51 J. Ashley Roach, “China’s Straight Baseline Claim: Senkaku (Diaoyu) Islands”, ASIL Insights,
vol.17, Issue 7, February 13, 2013, p. 5.
52 Chinese Society of International Law, “South China Sea Arbitration Awards: A Critical Study”,
Chinese Journal of International Law, Vol. 17, 2018, pp. 463–465; and 500–503.
H. Zhang
As regards the nature of unity, it is common sense that the Xisha/Paracel Islands
constitute a whole group in the respect of geography, history, economy, politics and
environment. In accordance with the typical state practice, the system of straight
baselines applied to Xisha/Paracel Islands contains the main islands and follows the
general configuration of the archipelago. Among the 27 segments of baselines, 21
segments of straight baselines range from 0.2 nm to 2 nm in length. The longest two
segments are 75.8 nm and 78.8 nm respectively.
49 It is notable that the longest two
straight baselines in the case of Faroe Islands and Galapagos Islands even amount
to 60.8 nm and 124 nm respectively.
50 It follows from the foregoing analysis that
China’s practice in the case of Xisha/Paracel Islands calls for more tolerance.
Nor can the straight baselines applied to the Diaoyu Islands be reprehended
without reservation from a legal perspective. The Diaoyu Islands constitute an integral group which can be dated back to ancient times. It should be emphasized that, to
avoid enclosing a too broad area of the East China Sea, China separates the Chiwei
Yu Islands from the Diaoyu Islands and applies two sets of straight baselines, even
though both groups are generally regarded as an integral unity in Chinese history and
culture. Such a cautious application renders the longest segment of straight baselines
only 16.22 nm in length,
51 which shows good faith towards the traditional maritime
rights of other states, and reflects China’s respect for general international law to a
certain extent.
7.4.2 The Prospect of China’s Application of Straight
Baselines in the South China Sea
According to Article 3 of China’s Law on the Territorial Sea and the Contiguous
Zones 1992, “The method of straight baselines composed of all the straight lines
joining the adjacent base points shall be employed in drawing the baselines of the
territorial sea of the People’s Republic of China”. In addition, bearing in mind the
nine-dash line upheld persistently by China since 1947, and the existing practice of
drawing straight baselines for the Xisha Islands and Diaoyu Islands, it cannot be
excluded the possibility that China would apply the straight baselines to three other
groups of islands in the South China Sea, especially the Nansha/Sprartly Islands, in
the foreseeable future.
52
49 USA Department of State, “Straight Baselines Claim: China”, Limits in the Seas, No. 117, 1996,
p. 16.
50 See USA Department of State, “Straight Baselines: Faeroes”, Limits in the Seas, No. 13, 1970,
p. 3; also USA Department of State, “Straight Baselines: Ecuador”, Limits in the Seas, No. 42, 1972,
p. 7.
51 J. Ashley Roach, “China’s Straight Baseline Claim: Senkaku (Diaoyu) Islands”, ASIL Insights,
vol.17, Issue 7, February 13, 2013, p. 5.
52 Chinese Society of International Law, “South China Sea Arbitration Awards: A Critical Study”,
Chinese Journal of International Law, Vol. 17, 2018, pp. 463–465; and 500–503.