1 China and the Law of the Sea: Historical Aspects
15
regular and intensified law enforcement patrols within the line in the South China
Sea.
57
1.6 Conclusion
The above historical overview shows that China’s practice in the law of the sea is
consistent at least in some aspects, such as innocent passage in the territorial sea,
which is still applicable nowadays. In some aspects, China advanced among a few
countries in the 1950s to declare its 12-nm territorial sea while majority of the world
community still practised three nm. China’s historic rights in the South China Sea
is very unique in international law of the sea and governed by general international
law including customary law beyond the LOS Convention. China’s practice in this
field can no doubt contribute to the development of the international law for historic
rights. On the other hand, it is pointed out that after China joined the LOS Convention,
China’s practice in the law of the sea is further enriched, and will be discussed in the
following chapters of this book.
References
Cohen, J. A., & Chiu, H. (1974). People’s China and international law (Vol. 1, p. 486). Princeton,
New Jersey: Princeton University Press.
Greenfield, J. (1992). China’s practice in the law of the sea (p. 235). Oxford: Clarendon.
Han, Z. (Ed.). (1988). A compilation of historical materials on China’s South China Sea Islands
(p. 355). Beijing: Oriental Press. (in Chinese).
Hill, R. D., Norman, O., & Roberts, E. V. (Eds.). (1991). Fishing in troubled waters. In Proceedings
of the Academic Conference on Territorial Claims in the South China Sea (p. 88). Hong Kong:
Centre for Asian Studies, University of Hong Kong.
Hong, S. Y. (1977). The Sino-Japanese fisheries agreements of 1975: A comparison with other
North-Pacific fisheries agreements. In Occasional papers/reprints series in contemporary Asian
studies (Vol. 6, pp. 8–10). School of Law, University of Maryland.
Li, G. (Ed.). (1998). Study on China’s Comprehensive Ocean Management (p. 300). Beijing: Ocean
Press. (in Chinese).
Lin, C. (1977). 76th Meeting of the Plenary Meetings, 17 September 1976, in United Nations. In
Third United Nations Conference on the Law of the Sea: Official Records (Vol. VI, p. 26).
Ma, Y., & Xie, X. (2002). China’s ocean policy. In Y. Li, & S. Lu (Eds.), Study on basic issues
concerning the management of the use of sea areas (p. 43). Qingdao: Ocean University Press. (in
Chinese).
Miles, E. L. (1998) Global Ocean Politics: The Decision Process at the Third United Nations
Conference on the Law of the Sea 1973–1982 (pp. 24–25). The Hague: Martinus Nijhoff.
Ohira, Z., & Kuwahara, T. (1959). Fishery Problems between Japan and the People’s Republic of
China. Japanese Annual of International Law, 3, 109, 111.
57 For recent developments on the line, see Zou Keyuan, “China’s U-shaped Line in the South China
Sea Revisited”, Ocean Development and International Law, Vol. 43, 2012, 18–34.
15
regular and intensified law enforcement patrols within the line in the South China
Sea.
57
1.6 Conclusion
The above historical overview shows that China’s practice in the law of the sea is
consistent at least in some aspects, such as innocent passage in the territorial sea,
which is still applicable nowadays. In some aspects, China advanced among a few
countries in the 1950s to declare its 12-nm territorial sea while majority of the world
community still practised three nm. China’s historic rights in the South China Sea
is very unique in international law of the sea and governed by general international
law including customary law beyond the LOS Convention. China’s practice in this
field can no doubt contribute to the development of the international law for historic
rights. On the other hand, it is pointed out that after China joined the LOS Convention,
China’s practice in the law of the sea is further enriched, and will be discussed in the
following chapters of this book.
References
Cohen, J. A., & Chiu, H. (1974). People’s China and international law (Vol. 1, p. 486). Princeton,
New Jersey: Princeton University Press.
Greenfield, J. (1992). China’s practice in the law of the sea (p. 235). Oxford: Clarendon.
Han, Z. (Ed.). (1988). A compilation of historical materials on China’s South China Sea Islands
(p. 355). Beijing: Oriental Press. (in Chinese).
Hill, R. D., Norman, O., & Roberts, E. V. (Eds.). (1991). Fishing in troubled waters. In Proceedings
of the Academic Conference on Territorial Claims in the South China Sea (p. 88). Hong Kong:
Centre for Asian Studies, University of Hong Kong.
Hong, S. Y. (1977). The Sino-Japanese fisheries agreements of 1975: A comparison with other
North-Pacific fisheries agreements. In Occasional papers/reprints series in contemporary Asian
studies (Vol. 6, pp. 8–10). School of Law, University of Maryland.
Li, G. (Ed.). (1998). Study on China’s Comprehensive Ocean Management (p. 300). Beijing: Ocean
Press. (in Chinese).
Lin, C. (1977). 76th Meeting of the Plenary Meetings, 17 September 1976, in United Nations. In
Third United Nations Conference on the Law of the Sea: Official Records (Vol. VI, p. 26).
Ma, Y., & Xie, X. (2002). China’s ocean policy. In Y. Li, & S. Lu (Eds.), Study on basic issues
concerning the management of the use of sea areas (p. 43). Qingdao: Ocean University Press. (in
Chinese).
Miles, E. L. (1998) Global Ocean Politics: The Decision Process at the Third United Nations
Conference on the Law of the Sea 1973–1982 (pp. 24–25). The Hague: Martinus Nijhoff.
Ohira, Z., & Kuwahara, T. (1959). Fishery Problems between Japan and the People’s Republic of
China. Japanese Annual of International Law, 3, 109, 111.
57 For recent developments on the line, see Zou Keyuan, “China’s U-shaped Line in the South China
Sea Revisited”, Ocean Development and International Law, Vol. 43, 2012, 18–34.