206
B. Qu
11.2.1 Practice to Settle Disputes in the Yellow Sea
by Negotiation
In the Yellow Sea, China is mainly involved in maritime delimitation with the Democratic People’s Republic of Korea (DPRK) and the Republic of Korea (ROK). This
delimitation does not involve disputes over island sovereignty. DPRK has not ratified
UNCLOS. Delimitation negotiations between China and ROK is ongoing.
After the establishment of diplomatic relations between China and ROK in 1992,
they have been concerned about maritime delimitation. From 1997 to 2008, the two
countries held 14 bureau-level maritime delimitation talks in Seoul, Jeju, Busan,
Shanghai, Beijing and Qingdao. On 25 August 2008, China and ROK signed a Joint
Communiqué and agreed that early resolution of the maritime delimitation between
the two countries was of great significance to the long-term stable development of
bilateral relations, and that the consultations on delimitation would be accelerated.
12
From 2009 to 2014, the delimitation talks were interrupted, but the Sino-Korean
Fisheries Agreement, with the nature of being a provisional arrangement, was signed
in 2000. On 27 June 2013, the two countries issued the Action Plan for Enriching
China and ROK Strategic Partnership. It pointed out that the two sides reaffirmed
the importance of maritime delimitation in promoting long-term stable development
of bilateral relations and promoting cooperation in the sea. In order to advance the
process, the two countries decide to start maritime delimitation as soon as possible.
13
In July 2014, during President Xi Jinping’s visit to ROK, the two countries issued
a Joint Statement and announced the launch of the maritime delimitation in 2015.
It can be seen that this negotiation is actually a restart of maritime delimitation.
On 22 December 2015, maritime delimitation negotiations between China and ROK
was held in Seoul. It was also the first vice ministerial-level delimitation meeting
between China and ROK. The two sides agreed to establish a three-level negotiation
mechanism. The first level is the governmental negotiation delegation; the second
level is the bureau-level negotiation working group, which is responsible for the
specific negotiation work; and the third level is expert groups who are responsible for
technical issues.
14 On 25 July 2019, the second round talks between governmental
delegations was held in Beijing. The two sides confirmed the relevant consensus
reached since the launch of the negotiations, and exchanged views on issues related
to maritime delimitation.
15 Due to the great differences between the two countries
12 China and South Korea Issued a Joint Communiqué: Resolve the Maritime Delimitation Issue
between China and South Korea as soon as Possible,http://www.china.com.cn/news/txt/2008-08/
26/content_16330701.htm, visited on 28 May 2020.
13 The Action Plan for Enriching China and ROK Strategic Partnership, http://www.gov.cn/jrzg/
2013-06/28/content_2435863.htm, visited on 28 May 2020.
14 China and ROK Hold the First Round Maritime Delimitation Talks Successfully, https://www.
fmprc.gov.cn/web/wjb_673085/zzjg_673183/bjhysws_674671/xgxw_674673/t1326878.shtml,
visited on 28 May 2020.
15 China and ROK’s Governmental Delegations hold in Beijing the Second Round Talks on Maritime
Delimitation, https://www.fmprc.gov.cn/web/wjb_673085/zzjg_673183/bjhysws_674671/xgxw_6
74673/t1683401.shtml, visited on 28 May 2020.
B. Qu
11.2.1 Practice to Settle Disputes in the Yellow Sea
by Negotiation
In the Yellow Sea, China is mainly involved in maritime delimitation with the Democratic People’s Republic of Korea (DPRK) and the Republic of Korea (ROK). This
delimitation does not involve disputes over island sovereignty. DPRK has not ratified
UNCLOS. Delimitation negotiations between China and ROK is ongoing.
After the establishment of diplomatic relations between China and ROK in 1992,
they have been concerned about maritime delimitation. From 1997 to 2008, the two
countries held 14 bureau-level maritime delimitation talks in Seoul, Jeju, Busan,
Shanghai, Beijing and Qingdao. On 25 August 2008, China and ROK signed a Joint
Communiqué and agreed that early resolution of the maritime delimitation between
the two countries was of great significance to the long-term stable development of
bilateral relations, and that the consultations on delimitation would be accelerated.
12
From 2009 to 2014, the delimitation talks were interrupted, but the Sino-Korean
Fisheries Agreement, with the nature of being a provisional arrangement, was signed
in 2000. On 27 June 2013, the two countries issued the Action Plan for Enriching
China and ROK Strategic Partnership. It pointed out that the two sides reaffirmed
the importance of maritime delimitation in promoting long-term stable development
of bilateral relations and promoting cooperation in the sea. In order to advance the
process, the two countries decide to start maritime delimitation as soon as possible.
13
In July 2014, during President Xi Jinping’s visit to ROK, the two countries issued
a Joint Statement and announced the launch of the maritime delimitation in 2015.
It can be seen that this negotiation is actually a restart of maritime delimitation.
On 22 December 2015, maritime delimitation negotiations between China and ROK
was held in Seoul. It was also the first vice ministerial-level delimitation meeting
between China and ROK. The two sides agreed to establish a three-level negotiation
mechanism. The first level is the governmental negotiation delegation; the second
level is the bureau-level negotiation working group, which is responsible for the
specific negotiation work; and the third level is expert groups who are responsible for
technical issues.
14 On 25 July 2019, the second round talks between governmental
delegations was held in Beijing. The two sides confirmed the relevant consensus
reached since the launch of the negotiations, and exchanged views on issues related
to maritime delimitation.
15 Due to the great differences between the two countries
12 China and South Korea Issued a Joint Communiqué: Resolve the Maritime Delimitation Issue
between China and South Korea as soon as Possible,http://www.china.com.cn/news/txt/2008-08/
26/content_16330701.htm, visited on 28 May 2020.
13 The Action Plan for Enriching China and ROK Strategic Partnership, http://www.gov.cn/jrzg/
2013-06/28/content_2435863.htm, visited on 28 May 2020.
14 China and ROK Hold the First Round Maritime Delimitation Talks Successfully, https://www.
fmprc.gov.cn/web/wjb_673085/zzjg_673183/bjhysws_674671/xgxw_674673/t1326878.shtml,
visited on 28 May 2020.
15 China and ROK’s Governmental Delegations hold in Beijing the Second Round Talks on Maritime
Delimitation, https://www.fmprc.gov.cn/web/wjb_673085/zzjg_673183/bjhysws_674671/xgxw_6
74673/t1683401.shtml, visited on 28 May 2020.