1 China and the Law of the Sea: Historical Aspects
5
and energy demand. With the rapid growth of its economy, China demands more
and more energy resources to maintain its fast growth. With the depletion of energy
resources on land, China has turned its efforts to the ocean and its seabed. In addition
to its presence in the international seabed area, China has explored offshore oil
and gas in its adjacent seas. Deep sea exploration has also commenced. Due to
some overlapping maritime claims in these seas, tensions and even conflicts between
China and its neighbouring countries are reported from time to time in the mass
media. Finally, the significant change in domestic environment has also enhanced
China’s ocean policy making with at least two key factors: the implementation of the
market-oriented economy since 1992 and the incorporation of the concept of “rule
of law” in the Chinese Constitution in 1999. However, this chapter is designed to
review some historical aspects of China’s practice in the law of the sea without much
discussion on recent developments.
1.2 Fisheries Relations with Japan in Early Times
With the end of World War II (1939–1945), countries in East Asia were desperate to
rebuild their homes which had been destroyed or damaged in the war. Acquisition of
marine resources from the sea was one of the important means for subsistence and
development. For Japan, the restrictive “MacArthur Line” was lessened and finally
suspended in April 1952 so that Japanese fishermen could fish beyond the line.
9 On
the other hand, because during the war normal fishing operations were disrupted or
discontinued, fishery resources were abundant afterwards.
After the founding of the PRC in 1949, the Chinese Government carried out an
encouraging fishery policy so as to recover the fishery industry after the Civil War
(1946–1949) and Chinese fishermen were asked to get more fish from the sea.
10
Meanwhile, Japan also encouraged its fishermen to go fishing along the Chinese
coast. The 1950 Japanese regulations only allowed Japanese trawler fishing boats
over 50 tons to operate west of 130
° East Longitude (which was changed to west of
128
° East Longitude in 1952), and actually pushed bigger fishing trawler boats into
fishing areas far beyond the coast of Japan. As a result, approximately 900 Japanese
fishing boats conducted fishing operations close by the Chinese coast from the tip
of Shandong Peninsula to the mouth of the Yangtze River.
11 Clashes were inevitable
between the Chinese and Japanese fishermen. Because of poor fishing equipment on
9 For details, see Song Yook Hong, “The Sino-Japanese Fisheries Agreements of 1975: A Comparison with Other North-Pacific Fisheries Agreements”, Occasional Papers/Reprints Series in
Contemporary Asian Studies (School of Law, University of Maryland), No. 6, 1977, 8-10.
10 See “Instruction on Fishery Production by the Ministry of Agriculture”, 13 April 1951, in Legal
System Committee, People’s Central Government (ed.), Collections of Laws and Regulations of the
People’s Central Government (Beijing: Law Press, 1982) (in Chinese), at 452.
11 Japanese fishing boats operated up to three nm from the Chinese coast, and some even entered
into China’s internal waters.
5
and energy demand. With the rapid growth of its economy, China demands more
and more energy resources to maintain its fast growth. With the depletion of energy
resources on land, China has turned its efforts to the ocean and its seabed. In addition
to its presence in the international seabed area, China has explored offshore oil
and gas in its adjacent seas. Deep sea exploration has also commenced. Due to
some overlapping maritime claims in these seas, tensions and even conflicts between
China and its neighbouring countries are reported from time to time in the mass
media. Finally, the significant change in domestic environment has also enhanced
China’s ocean policy making with at least two key factors: the implementation of the
market-oriented economy since 1992 and the incorporation of the concept of “rule
of law” in the Chinese Constitution in 1999. However, this chapter is designed to
review some historical aspects of China’s practice in the law of the sea without much
discussion on recent developments.
1.2 Fisheries Relations with Japan in Early Times
With the end of World War II (1939–1945), countries in East Asia were desperate to
rebuild their homes which had been destroyed or damaged in the war. Acquisition of
marine resources from the sea was one of the important means for subsistence and
development. For Japan, the restrictive “MacArthur Line” was lessened and finally
suspended in April 1952 so that Japanese fishermen could fish beyond the line.
9 On
the other hand, because during the war normal fishing operations were disrupted or
discontinued, fishery resources were abundant afterwards.
After the founding of the PRC in 1949, the Chinese Government carried out an
encouraging fishery policy so as to recover the fishery industry after the Civil War
(1946–1949) and Chinese fishermen were asked to get more fish from the sea.
10
Meanwhile, Japan also encouraged its fishermen to go fishing along the Chinese
coast. The 1950 Japanese regulations only allowed Japanese trawler fishing boats
over 50 tons to operate west of 130
° East Longitude (which was changed to west of
128
° East Longitude in 1952), and actually pushed bigger fishing trawler boats into
fishing areas far beyond the coast of Japan. As a result, approximately 900 Japanese
fishing boats conducted fishing operations close by the Chinese coast from the tip
of Shandong Peninsula to the mouth of the Yangtze River.
11 Clashes were inevitable
between the Chinese and Japanese fishermen. Because of poor fishing equipment on
9 For details, see Song Yook Hong, “The Sino-Japanese Fisheries Agreements of 1975: A Comparison with Other North-Pacific Fisheries Agreements”, Occasional Papers/Reprints Series in
Contemporary Asian Studies (School of Law, University of Maryland), No. 6, 1977, 8-10.
10 See “Instruction on Fishery Production by the Ministry of Agriculture”, 13 April 1951, in Legal
System Committee, People’s Central Government (ed.), Collections of Laws and Regulations of the
People’s Central Government (Beijing: Law Press, 1982) (in Chinese), at 452.
11 Japanese fishing boats operated up to three nm from the Chinese coast, and some even entered
into China’s internal waters.