11 China’s Theory and Practice on Maritime Dispute Resolution
205
UNCLOS was adopted in 1982 and entered into force in 1994. Obviously, China’s
position opposing to compulsory procedures has not been fully accepted. However,
article 298 empowers States parties, through declaration, to opt out the application of
compulsory procedures entailing binding decisions. China ratified UNCLOS in 1996.
On 25 August 2006, China filed a declaration under Article 298 to the SecretaryGeneral of the United Nations, stating that “The Government of the People’s Republic
of China does not accept any of the procedures provided for in section 2 of Part XV of
the Convention with respect to all the categories of disputes referred to in paragraph
1 (a), (b) and (c) of Article 298 of the Convention”.
9 In summary, China insists on
using negotiation to resolve the dispute based on the consent of the states concerned.
China excludes from UNCLOS compulsory dispute settlement procedures disputes
concerning maritime delimitation, historic bays or titles, military and law enforcement activities, and disputes in respect of which the Security Council of the UN is
exercising the functions assigned to it by the Charter of the UN.
11.2 China’s Practice on Resolving Maritime Disputes
by Negotiation
Negotiation is a common method used by countries to resolve disputes. When China
ratified the UNCLOS in 1996, it declared that “The People’s Republic of China
will effect, through consultations, the delimitation of the boundary of the maritime
jurisdiction with the States with coasts opposite or adjacent to China respectively on
the basis of international law and in accordance with the principle of equitability”.
10
On 13 July 2016, the State Council Information Office of PRC published a white
paper entitled “China Adheres to the Position of Settling Through Negotiation the
Relevant Disputes Between China and the Philippines in the South China Sea”.
11
It emphasized that on issues concerning territory and maritime delimitation, China
does not accept any means of dispute settlement imposed on it, nor does it accept
any recourse to third-party settlement.
Session), https://legal.un.org/diplomaticconferences/1973_los/docs/english/vol_5/a_conf62_sr60.
pdf, visited on 1June 2020.
9 Declarations and statements, http://www.un.org/depts/los/convention_agreements/convention_d
eclarations.htm#China%20Upon%20ratification, visited on 13 July 2018.
10 Declarations and statements, http://www.un.org/depts/los/convention_agreements/convention_d
eclarations.htm#China%20Upon%20ratification, visited on 13 July 2018.
11 Full Text: China Adheres to the Position of Settling Through Negotiation the Relevant Disputes
Between China and the Philippines in the South China Sea, http://english.www.gov.cn/state_cou
ncil/ministries/2016/07/13/content_281475392503075.htm, visited on 28 May 2020.
205
UNCLOS was adopted in 1982 and entered into force in 1994. Obviously, China’s
position opposing to compulsory procedures has not been fully accepted. However,
article 298 empowers States parties, through declaration, to opt out the application of
compulsory procedures entailing binding decisions. China ratified UNCLOS in 1996.
On 25 August 2006, China filed a declaration under Article 298 to the SecretaryGeneral of the United Nations, stating that “The Government of the People’s Republic
of China does not accept any of the procedures provided for in section 2 of Part XV of
the Convention with respect to all the categories of disputes referred to in paragraph
1 (a), (b) and (c) of Article 298 of the Convention”.
9 In summary, China insists on
using negotiation to resolve the dispute based on the consent of the states concerned.
China excludes from UNCLOS compulsory dispute settlement procedures disputes
concerning maritime delimitation, historic bays or titles, military and law enforcement activities, and disputes in respect of which the Security Council of the UN is
exercising the functions assigned to it by the Charter of the UN.
11.2 China’s Practice on Resolving Maritime Disputes
by Negotiation
Negotiation is a common method used by countries to resolve disputes. When China
ratified the UNCLOS in 1996, it declared that “The People’s Republic of China
will effect, through consultations, the delimitation of the boundary of the maritime
jurisdiction with the States with coasts opposite or adjacent to China respectively on
the basis of international law and in accordance with the principle of equitability”.
10
On 13 July 2016, the State Council Information Office of PRC published a white
paper entitled “China Adheres to the Position of Settling Through Negotiation the
Relevant Disputes Between China and the Philippines in the South China Sea”.
11
It emphasized that on issues concerning territory and maritime delimitation, China
does not accept any means of dispute settlement imposed on it, nor does it accept
any recourse to third-party settlement.
Session), https://legal.un.org/diplomaticconferences/1973_los/docs/english/vol_5/a_conf62_sr60.
pdf, visited on 1June 2020.
9 Declarations and statements, http://www.un.org/depts/los/convention_agreements/convention_d
eclarations.htm#China%20Upon%20ratification, visited on 13 July 2018.
10 Declarations and statements, http://www.un.org/depts/los/convention_agreements/convention_d
eclarations.htm#China%20Upon%20ratification, visited on 13 July 2018.
11 Full Text: China Adheres to the Position of Settling Through Negotiation the Relevant Disputes
Between China and the Philippines in the South China Sea, http://english.www.gov.cn/state_cou
ncil/ministries/2016/07/13/content_281475392503075.htm, visited on 28 May 2020.