11 China’s Theory and Practice on Maritime Dispute Resolution
211
Two Countries in the Gulf of Thailand (1997),
28 the Agreement between the Government of the Socialist Republic of Viet Nam and the Republic of Indonesia concerning
the Delimitation of the Continental Shelf Boundary (2003).
29
These practices have demonstrated that negotiation is the essential method for
South China Sea adjacent states to settle boundary dispute. Since its founding, PRC
has signed boundary treaties with 12 out of 14 land neighbors through bilateral
negotiations and about 90% of China’s land boundaries have been delimited and
demarcated.
30 Although the border between China and India has not been settled, they
signed the Agreement between the People’s Republic of China and the Government
of the Republic of India on the Maintenance of Peace and Tranquility along the
Line of Actual Control in the China-India Border Areas (1993)
31 and the Agreement
between the People’s Republic of China and the Government of the Republic of India
on Confidence Building Measures in the Military Field along the Line of Actual
Control in the China-India border Areas (1996).
32 Although border between China
and Bhutan has not been settled, they also signed the Agreement between the People’s
Republic of China and the Government of the Kingdom of Bhutan on Maintenance of
Peace and Tranquility along the Line of Actual Control in the China-Bhutan Border
Areas.
33 Generally speaking, boundary dispute settlement through negotiation is a
common state practice.
Thirdly, there exists the possibility of settling disputes through negotiation
between China and its neighboring countries. If States pursue dispute settlement by
negotiation, there must be common interests and complementary interests between
the parties. Common interests are the benefits that can only be obtained in the same
arrangement through the interrelation of all parties; complementary interests are the
benefits that all parties gain from mutual concession.
34 The maritime dispute between
China and its neighbors is mainly a dispute over the delimitation of sea areas. The
settlement of such disputes entails common interests and complementary interests
for all countries. By resolving delimitation disputes, fisheries disputes can be reduced
and resource development can be promoted.
In addition, negotiation is also the preferred method of dispute settlement in the
UN Charter. Article 2(3) stipulates that all members shall settle their international
disputes by peaceful means in such a manner that international peace and security,
and justice, are not endangered. Article 33(1) further points out that the parties to
28 Jonathan I. Charney & Robert W. Smith, International Maritime Boundaries, Volume IV, Martinus
Nijhoff Publishers, 2002, pp. 2683–2694.
29 David A. Colson, & Robert W. Smith, International Maritime Boundaries, Volume VI, Martinus
Nijhoff Publishers, 2011, pp. 4301–4315.
30 These states are: Democratic People’s Republic of Korea, Russian Federation, Mongolia,
Kazakhstan, Kyrgyzstan, Tajikistan, Afghanistan, Pakistan, Nepal, Myanmar, Laos, and Viet Nam.
31 Department of Treaty and Law of PRC Ministry of Foreign Affairs, Treaty Collections on Border
Affairs of the People’s Republic of China (volume on China-India and China-Bhutan), World
Knowledge Press 2004, pp. 3–4, and pp. 59-64 (in Chinese).
32 Ibid., pp. 90–103.
33 Ibid., pp. 123–132.
34 Ye Xingping. Pacific Settlement of Dispute (revised version), Beijing:Law Press, 2008, p. 233.
211
Two Countries in the Gulf of Thailand (1997),
28 the Agreement between the Government of the Socialist Republic of Viet Nam and the Republic of Indonesia concerning
the Delimitation of the Continental Shelf Boundary (2003).
29
These practices have demonstrated that negotiation is the essential method for
South China Sea adjacent states to settle boundary dispute. Since its founding, PRC
has signed boundary treaties with 12 out of 14 land neighbors through bilateral
negotiations and about 90% of China’s land boundaries have been delimited and
demarcated.
30 Although the border between China and India has not been settled, they
signed the Agreement between the People’s Republic of China and the Government
of the Republic of India on the Maintenance of Peace and Tranquility along the
Line of Actual Control in the China-India Border Areas (1993)
31 and the Agreement
between the People’s Republic of China and the Government of the Republic of India
on Confidence Building Measures in the Military Field along the Line of Actual
Control in the China-India border Areas (1996).
32 Although border between China
and Bhutan has not been settled, they also signed the Agreement between the People’s
Republic of China and the Government of the Kingdom of Bhutan on Maintenance of
Peace and Tranquility along the Line of Actual Control in the China-Bhutan Border
Areas.
33 Generally speaking, boundary dispute settlement through negotiation is a
common state practice.
Thirdly, there exists the possibility of settling disputes through negotiation
between China and its neighboring countries. If States pursue dispute settlement by
negotiation, there must be common interests and complementary interests between
the parties. Common interests are the benefits that can only be obtained in the same
arrangement through the interrelation of all parties; complementary interests are the
benefits that all parties gain from mutual concession.
34 The maritime dispute between
China and its neighbors is mainly a dispute over the delimitation of sea areas. The
settlement of such disputes entails common interests and complementary interests
for all countries. By resolving delimitation disputes, fisheries disputes can be reduced
and resource development can be promoted.
In addition, negotiation is also the preferred method of dispute settlement in the
UN Charter. Article 2(3) stipulates that all members shall settle their international
disputes by peaceful means in such a manner that international peace and security,
and justice, are not endangered. Article 33(1) further points out that the parties to
28 Jonathan I. Charney & Robert W. Smith, International Maritime Boundaries, Volume IV, Martinus
Nijhoff Publishers, 2002, pp. 2683–2694.
29 David A. Colson, & Robert W. Smith, International Maritime Boundaries, Volume VI, Martinus
Nijhoff Publishers, 2011, pp. 4301–4315.
30 These states are: Democratic People’s Republic of Korea, Russian Federation, Mongolia,
Kazakhstan, Kyrgyzstan, Tajikistan, Afghanistan, Pakistan, Nepal, Myanmar, Laos, and Viet Nam.
31 Department of Treaty and Law of PRC Ministry of Foreign Affairs, Treaty Collections on Border
Affairs of the People’s Republic of China (volume on China-India and China-Bhutan), World
Knowledge Press 2004, pp. 3–4, and pp. 59-64 (in Chinese).
32 Ibid., pp. 90–103.
33 Ibid., pp. 123–132.
34 Ye Xingping. Pacific Settlement of Dispute (revised version), Beijing:Law Press, 2008, p. 233.