208
B. Qu
11.2.3 Practice to Settle Disputes on the South China Sea
by Negotiation
The South China Sea maritime dispute is relatively complicated. It involves the
delimitation with the Philippines, Viet Nam, Malaysia, Indonesia and Brunei
Darussalam.
Sino-Vietnamese Beibu Gulf delimitation negotiations
The Beibu Gulf delimitation negotiations lasted for 27 years, through three stages
in total. There was no real progress in the 1974 first negotiation, nor in 1977–78’s
second stage. During the third stages of negotiation from 1992 to 2000, the two sides
signed the Basic Principles Agreement on Resolving the Boundary Issues between
the People’s Republic of China and the Socialist Republic of Vie Nam (the Basic
Principles Agreement).
18 According to the Basic Principles Agreement, the two sides
agreed to set up the Joint Working Group on Land Borders and the Joint Working
Group on the Beibu Gulf, and agreed to negotiate the delimitation of Beibu Gulf
in fairness and considering all circumstances. After China and Viet Nam signed the
Land Border Treaty in 1999, negotiations concerning the Beibu Gulf entered into a
substantive stage. After seven rounds of government-level negotiations, three meetings of heads of government delegations, eighteen rounds of joint working group
meetings and several rounds of expert group meetings,
19 the Agreement between the
People’s Republic of China and the Socialist Republic of Viet Nam on the Delimitation of the Territorial Seas, Exclusive Economic Zones and Continental Shelves of the
two Countries in Beibu Gulf (Delimitation Agreement in Beibu Gulf) was signed on
25 December 2000. At the same time, the Agreement between the People’s Republic
of China and the Socialist Republic of Viet Nam on Fisheries Cooperation in Beibu
Gulf was signed. On 30 June 2004, theses two agreements entered into force. On 29
April 2004, both parties signed the Complementary Protocol on the China-Viet Nam
Agreement on Fisheries Cooperation in Beibu Gulf and Regulations on Convention
and Management of Fisheries Resources in Common Fishing Zone of the Beibu
Gulf.
20 By the Delimitation Agreement in Beibu Gulf, the two contracting parties
agreed on the line of delimitation of the territorial seas, exclusive economic zones and
continental shelves of the two countries as defined by the straight lines connecting
the 21 points specified by coordinates.
21 By article 3(1), the line of delimitation from
point 1 to point 9 stipulated in Article 2 of the Agreement shall be the boundary
18 Zhou Jian, The Practice of International Law on the Delimitation of Beibu Gulf between China
and Viet Nam, Journal of Boundary and Ocean Studies, 5, 2019, pp. 11–18.
19 Briefing on the Agreement on the Delimitation of the Beibu Gulf between China and Vietnam,
http://www.fmprc.gov.cn/ce/cgkhb/chn/xwdt/t146857.htm, visited on 13 July 2018.
20 China and Viet Nam Signed in Beijing Complementary Protocol on Fishery Cooperation Agreement in Beibu Gulf, http://jiuban.moa.gov.cn/zwllm/zwdt/200404/t20040429_200411.htm, visited
on 28 May 2020.
21 Article 2 of Agreement between China and Viet Nam on the Delimitation of the Territorial Seas,
Exclusive Economic Zones and Continental Shelves of the two Countries in Beibu Gulf.
B. Qu
11.2.3 Practice to Settle Disputes on the South China Sea
by Negotiation
The South China Sea maritime dispute is relatively complicated. It involves the
delimitation with the Philippines, Viet Nam, Malaysia, Indonesia and Brunei
Darussalam.
Sino-Vietnamese Beibu Gulf delimitation negotiations
The Beibu Gulf delimitation negotiations lasted for 27 years, through three stages
in total. There was no real progress in the 1974 first negotiation, nor in 1977–78’s
second stage. During the third stages of negotiation from 1992 to 2000, the two sides
signed the Basic Principles Agreement on Resolving the Boundary Issues between
the People’s Republic of China and the Socialist Republic of Vie Nam (the Basic
Principles Agreement).
18 According to the Basic Principles Agreement, the two sides
agreed to set up the Joint Working Group on Land Borders and the Joint Working
Group on the Beibu Gulf, and agreed to negotiate the delimitation of Beibu Gulf
in fairness and considering all circumstances. After China and Viet Nam signed the
Land Border Treaty in 1999, negotiations concerning the Beibu Gulf entered into a
substantive stage. After seven rounds of government-level negotiations, three meetings of heads of government delegations, eighteen rounds of joint working group
meetings and several rounds of expert group meetings,
19 the Agreement between the
People’s Republic of China and the Socialist Republic of Viet Nam on the Delimitation of the Territorial Seas, Exclusive Economic Zones and Continental Shelves of the
two Countries in Beibu Gulf (Delimitation Agreement in Beibu Gulf) was signed on
25 December 2000. At the same time, the Agreement between the People’s Republic
of China and the Socialist Republic of Viet Nam on Fisheries Cooperation in Beibu
Gulf was signed. On 30 June 2004, theses two agreements entered into force. On 29
April 2004, both parties signed the Complementary Protocol on the China-Viet Nam
Agreement on Fisheries Cooperation in Beibu Gulf and Regulations on Convention
and Management of Fisheries Resources in Common Fishing Zone of the Beibu
Gulf.
20 By the Delimitation Agreement in Beibu Gulf, the two contracting parties
agreed on the line of delimitation of the territorial seas, exclusive economic zones and
continental shelves of the two countries as defined by the straight lines connecting
the 21 points specified by coordinates.
21 By article 3(1), the line of delimitation from
point 1 to point 9 stipulated in Article 2 of the Agreement shall be the boundary
18 Zhou Jian, The Practice of International Law on the Delimitation of Beibu Gulf between China
and Viet Nam, Journal of Boundary and Ocean Studies, 5, 2019, pp. 11–18.
19 Briefing on the Agreement on the Delimitation of the Beibu Gulf between China and Vietnam,
http://www.fmprc.gov.cn/ce/cgkhb/chn/xwdt/t146857.htm, visited on 13 July 2018.
20 China and Viet Nam Signed in Beijing Complementary Protocol on Fishery Cooperation Agreement in Beibu Gulf, http://jiuban.moa.gov.cn/zwllm/zwdt/200404/t20040429_200411.htm, visited
on 28 May 2020.
21 Article 2 of Agreement between China and Viet Nam on the Delimitation of the Territorial Seas,
Exclusive Economic Zones and Continental Shelves of the two Countries in Beibu Gulf.