11 China’s Theory and Practice on Maritime Dispute Resolution
207
on maritime delimitation, it will take a long time for the negotiations to achieve
breakthrough results.
16 However, there is no island sovereignty dispute between the
two sides; this shows that the situation is not very complicated.
11.2.2 Practice to Settle Disputes Over the East China Sea
by Negotiation
The East China Sea delimitation, mainly related to Japan, is more complicated
because it involves the sovereignty dispute over the Diaoyu Islands. By articles
74(3) and 83(3) of UNCLOS, the States concerned, in a spirit of understanding
and cooperation, shall make every effort to enter into provisional arrangements of a
practical nature and, during this transitional period, not to jeopardize or hamper the
reaching of the final agreement. Such arrangements shall be without prejudice to the
final delimitation. China and Japan signed the Sino-Japanese Fisheries Agreement
in 1997. China and Japan conducted 11 rounds of consultations from 2004 to 2007
for oil and gas resources issues. On 18 June 2008, China and Japan reached Principled Consensus on the East China Sea Issue (Principled Consensus). The Principled
Consensus includes three parts: the first part, “Cooperation Between China and Japan
in the East China Sea”, introduces the background of cooperation; the second part,
“Understanding Between China and Japan on Joint Development of the East China
Sea”, sets the block for joint development delineated by a series of geographic coordinates, and the two sides will work to fulfill their respective domestic procedures
and arrive at the necessary bilateral agreement at an early date; the third part, “Understanding of Japanese Legal persons participating in the Development of Chunxiao
Oil and Gas Fields in accordance with Chinese Laws”, explicitly states that China
welcomes Japanese legal persons to participate in the development of Chunxiao Oil
and Gas Fields in accordance with the relevant laws on China’s foreign cooperation in
exploiting petroleum resources.
17 The Principled Consensus shows that China and
Japan have the desire to make the East China Sea as a peaceful, cooperative and
friendly sea.
16 China and ROK will Hold the Second Bureau-level Meeting in Busan to Discuss the Delimitation
of the Exclusive Economic Zone, http://www.guancha.cn/Neighbors/2016_12_16_384699.shtml,
visited on 22 May 2020.
17 China and Japan have reached Principled Consensus on the East China Sea Issue, http://www.
fmprc.gov.cn/web/fyrbt_673021/dhdw_673027/t466568.shtml, visited on 13 July 2018.
207
on maritime delimitation, it will take a long time for the negotiations to achieve
breakthrough results.
16 However, there is no island sovereignty dispute between the
two sides; this shows that the situation is not very complicated.
11.2.2 Practice to Settle Disputes Over the East China Sea
by Negotiation
The East China Sea delimitation, mainly related to Japan, is more complicated
because it involves the sovereignty dispute over the Diaoyu Islands. By articles
74(3) and 83(3) of UNCLOS, the States concerned, in a spirit of understanding
and cooperation, shall make every effort to enter into provisional arrangements of a
practical nature and, during this transitional period, not to jeopardize or hamper the
reaching of the final agreement. Such arrangements shall be without prejudice to the
final delimitation. China and Japan signed the Sino-Japanese Fisheries Agreement
in 1997. China and Japan conducted 11 rounds of consultations from 2004 to 2007
for oil and gas resources issues. On 18 June 2008, China and Japan reached Principled Consensus on the East China Sea Issue (Principled Consensus). The Principled
Consensus includes three parts: the first part, “Cooperation Between China and Japan
in the East China Sea”, introduces the background of cooperation; the second part,
“Understanding Between China and Japan on Joint Development of the East China
Sea”, sets the block for joint development delineated by a series of geographic coordinates, and the two sides will work to fulfill their respective domestic procedures
and arrive at the necessary bilateral agreement at an early date; the third part, “Understanding of Japanese Legal persons participating in the Development of Chunxiao
Oil and Gas Fields in accordance with Chinese Laws”, explicitly states that China
welcomes Japanese legal persons to participate in the development of Chunxiao Oil
and Gas Fields in accordance with the relevant laws on China’s foreign cooperation in
exploiting petroleum resources.
17 The Principled Consensus shows that China and
Japan have the desire to make the East China Sea as a peaceful, cooperative and
friendly sea.
16 China and ROK will Hold the Second Bureau-level Meeting in Busan to Discuss the Delimitation
of the Exclusive Economic Zone, http://www.guancha.cn/Neighbors/2016_12_16_384699.shtml,
visited on 22 May 2020.
17 China and Japan have reached Principled Consensus on the East China Sea Issue, http://www.
fmprc.gov.cn/web/fyrbt_673021/dhdw_673027/t466568.shtml, visited on 13 July 2018.