210
B. Qu
11.2.4 Reasons For China to Advocate the Resolution
of Maritime Disputes Through Negotiation
Firstly, negotiation has its unique advantages. It is self-evident that negotiation
directly reflects the will of a State. Practice demonstrates that a negotiated outcome
will better gain the understanding and support of the people of countries concerned,
will be effectively implemented and will be durable. Only when an agreement is
reached by parties concerned through negotiation on an equal footing, can a dispute
be settled once and for all, and this will ensure the full and effective implementation
of the agreement.
25
Secondly, practice has proved that negotiation is a common way to resolve disputes
among Asian countries. As far as Southeast Asian States are concerned, there are
many delimitation agreements, including the Agreement between the Government
of the Republic of Indonesia and the Government of Malaysia Relating to the Delimitation of the Continental Shelves between the Two Countries (1969), the Treaty
between the Republic of Indonesia and Malaysia Relating to the Delimitation of the
Territorial Seas of the Two Countries in the Strait of Malacca (1970), the Agreement
Stipulating the Territorial Sea Boundary Lines between Indonesia and the Republic
of Singapore in the Strait of Singapore(1973), the Treaty between the Kingdom of
Thailand and Malaysia Relating to the Delimitation of the Territorial Seas of the
Two Countries(1979),
26 the Agreement between the Government of the Republic of
Indonesia, the Government of Malaysia and the Government of the Kingdom of Thailand Relating to the Delimitation of the Continental Shelf Boundaries in the Northern
Part of the Strait of Malacca (1971), the Agreement between the Government of the
Republic of Indonesia and the Government of the Kingdom of Thailand Relating to
the Delimitation of the Continental Shelf Boundary between the Two Countries in the
Northern Part of the Strait of Malacca and in the Andaman Sea (1971), the Agreement between the Government of the Republic of Indonesia and the Government
of the Kingdom of Thailand Relating to the Delimitation of the Seabed Boundary
between the Two Countries in the Andaman Sea (1975),
27 the Agreement between
the Government of the Republic of Thailand and the Government of the Socialist
Republic of Viet Nam on the Delimitation of the Maritime Boundary between the
25 The State Council Information Office of the People’s Republic of China, China Adheres to the
Position of Settling Through Negotiation the Relevant Disputes Between China and the Philippines
in the South China Sea, para. 131, http://english.www.gov.cn/state_council/ministries/2016/07/13/
content_281475392503075.htm,visited on 1 June 2020.
26 Jonathan I. Charney & Lewis M. Alexander, International Maritime Boundaries, Volume I,
Martinus Nijhoff Publishers 1993, pp. 1019–1037,1049–1056, 1091–1097).
27 Jonathan I. Charney & Lewis M. Alexander, International Maritime Boundaries, Volume II,
Martinus Nijhoff Publishers 1993, pp. 1443–1472.
B. Qu
11.2.4 Reasons For China to Advocate the Resolution
of Maritime Disputes Through Negotiation
Firstly, negotiation has its unique advantages. It is self-evident that negotiation
directly reflects the will of a State. Practice demonstrates that a negotiated outcome
will better gain the understanding and support of the people of countries concerned,
will be effectively implemented and will be durable. Only when an agreement is
reached by parties concerned through negotiation on an equal footing, can a dispute
be settled once and for all, and this will ensure the full and effective implementation
of the agreement.
25
Secondly, practice has proved that negotiation is a common way to resolve disputes
among Asian countries. As far as Southeast Asian States are concerned, there are
many delimitation agreements, including the Agreement between the Government
of the Republic of Indonesia and the Government of Malaysia Relating to the Delimitation of the Continental Shelves between the Two Countries (1969), the Treaty
between the Republic of Indonesia and Malaysia Relating to the Delimitation of the
Territorial Seas of the Two Countries in the Strait of Malacca (1970), the Agreement
Stipulating the Territorial Sea Boundary Lines between Indonesia and the Republic
of Singapore in the Strait of Singapore(1973), the Treaty between the Kingdom of
Thailand and Malaysia Relating to the Delimitation of the Territorial Seas of the
Two Countries(1979),
26 the Agreement between the Government of the Republic of
Indonesia, the Government of Malaysia and the Government of the Kingdom of Thailand Relating to the Delimitation of the Continental Shelf Boundaries in the Northern
Part of the Strait of Malacca (1971), the Agreement between the Government of the
Republic of Indonesia and the Government of the Kingdom of Thailand Relating to
the Delimitation of the Continental Shelf Boundary between the Two Countries in the
Northern Part of the Strait of Malacca and in the Andaman Sea (1971), the Agreement between the Government of the Republic of Indonesia and the Government
of the Kingdom of Thailand Relating to the Delimitation of the Seabed Boundary
between the Two Countries in the Andaman Sea (1975),
27 the Agreement between
the Government of the Republic of Thailand and the Government of the Socialist
Republic of Viet Nam on the Delimitation of the Maritime Boundary between the
25 The State Council Information Office of the People’s Republic of China, China Adheres to the
Position of Settling Through Negotiation the Relevant Disputes Between China and the Philippines
in the South China Sea, para. 131, http://english.www.gov.cn/state_council/ministries/2016/07/13/
content_281475392503075.htm,visited on 1 June 2020.
26 Jonathan I. Charney & Lewis M. Alexander, International Maritime Boundaries, Volume I,
Martinus Nijhoff Publishers 1993, pp. 1019–1037,1049–1056, 1091–1097).
27 Jonathan I. Charney & Lewis M. Alexander, International Maritime Boundaries, Volume II,
Martinus Nijhoff Publishers 1993, pp. 1443–1472.