1 China and the Law of the Sea: Historical Aspects
13
1.5 The Issue of Historic Rights
China’s claim to the South China Sea is partially based on the so-called U-shaped line
drawn as early as 1947, which refers to the line with nine segments off the Chinese
coast on the South China Sea, as displayed in the Chinese map. According to China,
the line has been called the “traditional maritime boundary line”.
46 The southernmost
end of the line was set at 4° north latitude and encompasses James Shoal. China has
claimed all the islands, atolls and even submerged banks within this line. But it is
not clear whether China has claimed the enclosed waters.
The line first appeared on a Chinese map in December 1914, which was compiled
by Hu Jinjie, a Chinese cartographer.
47 The maps published during the 1920s and
1930s followed Hu’s map.
48 The line at that time only included the Pratas and the
Paracel Islands. The year of 1933 seems to be an important time for the modification
and emphasis of the line in the Chinese maps. In July of that year, France, the then
protector of Vietnam, occupied nine of the Spratly Islands. This action was strongly
protested by China, and afterwards the line in the maps relating to the South China
Sea was extended further south to 7°–9° north latitude.
49 The intention behind this
step was clear: indicating that the Spratly Islands belonged to China. However, the
James Shoal (Zengmu Ansha) was not included. While the line at that time on most
of the maps was drawn between 7° and 9° north latitude, there was at least one atlas
collection which included the James Shoal, i.e. the line extended to 4° north latitude.
This is the New China’s Construction Atlas edited by Bai Meichu and published in
1936. Actually in 1935, the Committee of Examining the Water and Land Maps of
the Republic of China published the names of 132 islets and reefs of the four South
China Sea “archipelagos”. The publication had an annexed map which marked James
Shoal at the location of about 4° north latitude, 112° east longitude, though the line
was not shown on the map.
It should be noted that all the collections of the above atlases including the Ushaped line were compiled by individuals. They may, suffice it to say, constitute
indirect evidences to show the official position of the government. Only in 1947 after
World War II, was the line at last officially confirmed by the Chinese Government. On
46 For details, see Zou Keyuan, "The Chinese Traditional Maritime Boundary Line in the South
China Sea and Its Legal Consequences for the Resolution of the Dispute over the Spratly Islands",
International Journal of Marine and Coastal Law, Vol. 14 (1), 1999, 27-55.
47 The map was named as “the Chinese territorial map before the Qianglong-Jiaqing period” (AD
1736–1820) of the Qing Dynasty in his compilation- New Geographical Atlas of the Republic of
China. See Han Zhenhua (ed.), A Compilation of Historical Materials on China’s South China Sea
Islands (Beijing: Oriental Press, 1988) (in Chinese), 355.
48 For example, “the Chinese map of boundary changes” in Tu Shichong (ed.), The New Chinese
Situation Atlas published in May 1927; and “the Chinese map of territorial changes” in Chen Duo
(ed.), China’s Model Atlas published in July 1933. Han, ibid., 355–356.
49 For example, Chen Duo (ed.), Newly-Made Chinese Atlas published in August 1934; Tan Lian &
Chen Kaoji (eds.), Civilised Geography of China published in September 1936; and Ge Shuichen
(ed.), Newly-Made Large Hanging Atlas published in December 1939. See Han, supra note 47,
356–359.
13
1.5 The Issue of Historic Rights
China’s claim to the South China Sea is partially based on the so-called U-shaped line
drawn as early as 1947, which refers to the line with nine segments off the Chinese
coast on the South China Sea, as displayed in the Chinese map. According to China,
the line has been called the “traditional maritime boundary line”.
46 The southernmost
end of the line was set at 4° north latitude and encompasses James Shoal. China has
claimed all the islands, atolls and even submerged banks within this line. But it is
not clear whether China has claimed the enclosed waters.
The line first appeared on a Chinese map in December 1914, which was compiled
by Hu Jinjie, a Chinese cartographer.
47 The maps published during the 1920s and
1930s followed Hu’s map.
48 The line at that time only included the Pratas and the
Paracel Islands. The year of 1933 seems to be an important time for the modification
and emphasis of the line in the Chinese maps. In July of that year, France, the then
protector of Vietnam, occupied nine of the Spratly Islands. This action was strongly
protested by China, and afterwards the line in the maps relating to the South China
Sea was extended further south to 7°–9° north latitude.
49 The intention behind this
step was clear: indicating that the Spratly Islands belonged to China. However, the
James Shoal (Zengmu Ansha) was not included. While the line at that time on most
of the maps was drawn between 7° and 9° north latitude, there was at least one atlas
collection which included the James Shoal, i.e. the line extended to 4° north latitude.
This is the New China’s Construction Atlas edited by Bai Meichu and published in
1936. Actually in 1935, the Committee of Examining the Water and Land Maps of
the Republic of China published the names of 132 islets and reefs of the four South
China Sea “archipelagos”. The publication had an annexed map which marked James
Shoal at the location of about 4° north latitude, 112° east longitude, though the line
was not shown on the map.
It should be noted that all the collections of the above atlases including the Ushaped line were compiled by individuals. They may, suffice it to say, constitute
indirect evidences to show the official position of the government. Only in 1947 after
World War II, was the line at last officially confirmed by the Chinese Government. On
46 For details, see Zou Keyuan, "The Chinese Traditional Maritime Boundary Line in the South
China Sea and Its Legal Consequences for the Resolution of the Dispute over the Spratly Islands",
International Journal of Marine and Coastal Law, Vol. 14 (1), 1999, 27-55.
47 The map was named as “the Chinese territorial map before the Qianglong-Jiaqing period” (AD
1736–1820) of the Qing Dynasty in his compilation- New Geographical Atlas of the Republic of
China. See Han Zhenhua (ed.), A Compilation of Historical Materials on China’s South China Sea
Islands (Beijing: Oriental Press, 1988) (in Chinese), 355.
48 For example, “the Chinese map of boundary changes” in Tu Shichong (ed.), The New Chinese
Situation Atlas published in May 1927; and “the Chinese map of territorial changes” in Chen Duo
(ed.), China’s Model Atlas published in July 1933. Han, ibid., 355–356.
49 For example, Chen Duo (ed.), Newly-Made Chinese Atlas published in August 1934; Tan Lian &
Chen Kaoji (eds.), Civilised Geography of China published in September 1936; and Ge Shuichen
(ed.), Newly-Made Large Hanging Atlas published in December 1939. See Han, supra note 47,
356–359.