1 China and the Law of the Sea: Historical Aspects
9
Island and Tungting Island, are islands of the Chinese inland waters.
23 The provisions
above are also applicable to Taiwan and its surrounding islands, the Penghu Islands,
the Tungsha Islands, and Hsisha Islands, the Chungsha Islands, the Nansha Islands,
and all other islands belonging to China.
24
Regarding innocent passage within the territorial sea, the Declaration provides
that ‘No foreign vessels for military use and no foreign aircraft may enter China’s
territorial sea and the air space above it without the permission of the Government
of the People’s Republic of China’.
25 Although the scope is specifically limited to
vessels for military use, in practice, China recognized the right of innocent passage for
merchant ships, provided that they are in compliance with relevant Chinese laws and
regulations. The intention behind the Declaration at that time is clear: it was to deter
U.S. warships, which supported logistically the Nationalist Chinese in Taiwan, from
approaching the coast of mainland China.
26 The spirit and content of the Declaration
on innocent passage were endorsed in later Chinese laws and regulations, including
the 1983 Maritime Traffic Safety Law of the People’s Republic of China,
27 and the
1992 Law on the Territorial Sea and the Contiguous Zone.
28
Regarding internal waters, the Declaration specifically mentioned the Pohai
(Bohai) Bay and Chiungchow (Qiongzhou) Strait. The Qiongzhou Strait is situated between the Hainan Island and the Leizhou Peninsular. It is about 50 miles
long and extends between 9.8-19 miles wide. According to a Chinese authority, the
Qiongzhou Strait ‘is an important sea route linking the mainland with the Hainan
Island and a convenient navigation route between our country and Southeast Asian
countries. It has an extremely important meaning for our economy and national
defense. Historically, it has always been subject to our sovereign jurisdiction and
has constituted an inalienable, composite part of our territory. Since liberation our
country has always administered it as an internal strait. The present Declaration is
merely to reaffirm once more a historical fact’.
29 It should be noted that whether the
Qiongzhou Strait was an internal strait of China is unclear before the 1958 Declaration. It may be assumed that Qiongzhou Strait’s status as an internal strait was to
a large extent a result of China’s declaration to use straight baselines to enclose the
23 See Office of Policy, Law and Regulation, supra note 1.
24 Ibid.
25 Ibid.
26 Zou Keyuan, ‘Innocent passage for warships: The Chinese doctrine and practice’, Ocean
Development & International Law, 1998, 29:3, 195–223.
27 Article 11 of the Maritime Traffic Safety Law of the People’s Republic of China provides, ‘Military
vessels of foreign nationality may not enter the territorial waters of the People’s Republic of China
without the approval of the Government of the People’s Republic of China.’
28 Article 6 provides that ‘Foreign ships for non-military purposes shall enjoy the right of innocent
passage through the territorial sea of the People’s Republic of China in accordance with the law.
Foreign ships for military purposes shall be subject to approval by the Government of the People’s
Republic of China for entering the territorial sea of the People’s Republic of China.’
29 Fu Zhu, 1959, Concerning of Our Country’s Territorial Sea (Beijing), reprinted in J. A. Cohen
and H. Chiu, People’s China and International Law (Princeton, New Jersey: Princeton University
Press, 1974), 1, p. 486.
9
Island and Tungting Island, are islands of the Chinese inland waters.
23 The provisions
above are also applicable to Taiwan and its surrounding islands, the Penghu Islands,
the Tungsha Islands, and Hsisha Islands, the Chungsha Islands, the Nansha Islands,
and all other islands belonging to China.
24
Regarding innocent passage within the territorial sea, the Declaration provides
that ‘No foreign vessels for military use and no foreign aircraft may enter China’s
territorial sea and the air space above it without the permission of the Government
of the People’s Republic of China’.
25 Although the scope is specifically limited to
vessels for military use, in practice, China recognized the right of innocent passage for
merchant ships, provided that they are in compliance with relevant Chinese laws and
regulations. The intention behind the Declaration at that time is clear: it was to deter
U.S. warships, which supported logistically the Nationalist Chinese in Taiwan, from
approaching the coast of mainland China.
26 The spirit and content of the Declaration
on innocent passage were endorsed in later Chinese laws and regulations, including
the 1983 Maritime Traffic Safety Law of the People’s Republic of China,
27 and the
1992 Law on the Territorial Sea and the Contiguous Zone.
28
Regarding internal waters, the Declaration specifically mentioned the Pohai
(Bohai) Bay and Chiungchow (Qiongzhou) Strait. The Qiongzhou Strait is situated between the Hainan Island and the Leizhou Peninsular. It is about 50 miles
long and extends between 9.8-19 miles wide. According to a Chinese authority, the
Qiongzhou Strait ‘is an important sea route linking the mainland with the Hainan
Island and a convenient navigation route between our country and Southeast Asian
countries. It has an extremely important meaning for our economy and national
defense. Historically, it has always been subject to our sovereign jurisdiction and
has constituted an inalienable, composite part of our territory. Since liberation our
country has always administered it as an internal strait. The present Declaration is
merely to reaffirm once more a historical fact’.
29 It should be noted that whether the
Qiongzhou Strait was an internal strait of China is unclear before the 1958 Declaration. It may be assumed that Qiongzhou Strait’s status as an internal strait was to
a large extent a result of China’s declaration to use straight baselines to enclose the
23 See Office of Policy, Law and Regulation, supra note 1.
24 Ibid.
25 Ibid.
26 Zou Keyuan, ‘Innocent passage for warships: The Chinese doctrine and practice’, Ocean
Development & International Law, 1998, 29:3, 195–223.
27 Article 11 of the Maritime Traffic Safety Law of the People’s Republic of China provides, ‘Military
vessels of foreign nationality may not enter the territorial waters of the People’s Republic of China
without the approval of the Government of the People’s Republic of China.’
28 Article 6 provides that ‘Foreign ships for non-military purposes shall enjoy the right of innocent
passage through the territorial sea of the People’s Republic of China in accordance with the law.
Foreign ships for military purposes shall be subject to approval by the Government of the People’s
Republic of China for entering the territorial sea of the People’s Republic of China.’
29 Fu Zhu, 1959, Concerning of Our Country’s Territorial Sea (Beijing), reprinted in J. A. Cohen
and H. Chiu, People’s China and International Law (Princeton, New Jersey: Princeton University
Press, 1974), 1, p. 486.