11 China’s Theory and Practice on Maritime Dispute Resolution
209
of the territorial seas of the two countries in Beibu Gulf. Article 3(3) stipulates any
topological changes shall not affect the boundary of the territorial seas of the two
countries from point 1 to point 7 stipulated in Paragraph 1 of this Article, unless
otherwise agreed by the two contracting parties. Article 6 emphasizes that the two
contracting parties shall respect the sovereignty, sovereign rights and jurisdiction of
each other over their respective territorial seas, exclusive economic zones and continental shelves in Beibu Gulf as defined in this Agreement. If any single petroleum
or natural gas structure or field, or other mineral deposit of whatever character,
extends across the delimitation line defined in Article 2 of this Agreement, the two
contracting parties shall, through friendly consultations, reach agreement as to the
manner in which the structure, field or deposit will be most effectively exploited as
well as on the equitable sharing of the benefits arising from such exploitation.
22
The Beibu Gulf Delimitation Agreement is the first maritime boundary agreement between China and a neighboring State. Although maritime delimitation is a
complicated issue, delimitation in Beibu Gulf between China and Viet Nam has been
successfully settled by negotiations. Beibu Gulf delimitation also set a model for
other maritime delimitation issues.
Disputes with other South China Sea neighboring countries
In addition to the delimitation of the Beibu Gulf, China and other countries around
the South China Sea have not yet delimited their maritime boundaries, but China
also sticks to resolving disputes by negotiation. In 2002, China and ASEAN signed
the Declaration on the Conduct of Parties in the South China Sea (DOC). DOC
clearly states that the Parties concerned undertake to resolve their territorial and
jurisdictional disputes by peaceful means, without resorting to the threat or use of
force, through friendly consultations and negotiations by sovereign states directly
concerned, in accordance with universally recognized principles of international law,
including the 1982 UN Convention on the Law of the Sea.
23 Article 10 of DOC also
points out that the parties concerned reaffirm that the adoption of a code of conduct
in the South China Sea (COC) would further promote peace and stability in the
region and agree to work, on the basis of consensus, towards the eventual attainment
of this objective. Single Draft South China Sea Code of Conduct Negotiating Text
(SDNT) was formed in August 2018. China and ASEAN agreed to finalize the
COC in three years, starting from 2019. At the China-ASEAN Foreign Ministers’
meeting in 2019, Chinese Foreign Minister Wang Yi pointed out that in the past year,
China and ASEAN countries, adhering to the spirit of the DOC, actively promoted
the consultation on the COC, and completed the first reading of SDNT ahead of
schedule.
24
22 Article 7 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.
23 Article 4 of DOC, https://asean.org/?static_post=declaration-on-the-conduct-of-parties-in-thesouth-china-sea-2, visited on 29 May 2020.
24 Consultation on the Code of Conduct in the South China Sea Takes a Key Step, People’s Daily
(Overseas Edition), 3 August 2019.
209
of the territorial seas of the two countries in Beibu Gulf. Article 3(3) stipulates any
topological changes shall not affect the boundary of the territorial seas of the two
countries from point 1 to point 7 stipulated in Paragraph 1 of this Article, unless
otherwise agreed by the two contracting parties. Article 6 emphasizes that the two
contracting parties shall respect the sovereignty, sovereign rights and jurisdiction of
each other over their respective territorial seas, exclusive economic zones and continental shelves in Beibu Gulf as defined in this Agreement. If any single petroleum
or natural gas structure or field, or other mineral deposit of whatever character,
extends across the delimitation line defined in Article 2 of this Agreement, the two
contracting parties shall, through friendly consultations, reach agreement as to the
manner in which the structure, field or deposit will be most effectively exploited as
well as on the equitable sharing of the benefits arising from such exploitation.
22
The Beibu Gulf Delimitation Agreement is the first maritime boundary agreement between China and a neighboring State. Although maritime delimitation is a
complicated issue, delimitation in Beibu Gulf between China and Viet Nam has been
successfully settled by negotiations. Beibu Gulf delimitation also set a model for
other maritime delimitation issues.
Disputes with other South China Sea neighboring countries
In addition to the delimitation of the Beibu Gulf, China and other countries around
the South China Sea have not yet delimited their maritime boundaries, but China
also sticks to resolving disputes by negotiation. In 2002, China and ASEAN signed
the Declaration on the Conduct of Parties in the South China Sea (DOC). DOC
clearly states that the Parties concerned undertake to resolve their territorial and
jurisdictional disputes by peaceful means, without resorting to the threat or use of
force, through friendly consultations and negotiations by sovereign states directly
concerned, in accordance with universally recognized principles of international law,
including the 1982 UN Convention on the Law of the Sea.
23 Article 10 of DOC also
points out that the parties concerned reaffirm that the adoption of a code of conduct
in the South China Sea (COC) would further promote peace and stability in the
region and agree to work, on the basis of consensus, towards the eventual attainment
of this objective. Single Draft South China Sea Code of Conduct Negotiating Text
(SDNT) was formed in August 2018. China and ASEAN agreed to finalize the
COC in three years, starting from 2019. At the China-ASEAN Foreign Ministers’
meeting in 2019, Chinese Foreign Minister Wang Yi pointed out that in the past year,
China and ASEAN countries, adhering to the spirit of the DOC, actively promoted
the consultation on the COC, and completed the first reading of SDNT ahead of
schedule.
24
22 Article 7 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.
23 Article 4 of DOC, https://asean.org/?static_post=declaration-on-the-conduct-of-parties-in-thesouth-china-sea-2, visited on 29 May 2020.
24 Consultation on the Code of Conduct in the South China Sea Takes a Key Step, People’s Daily
(Overseas Edition), 3 August 2019.