2 Japan and the Law of the Sea: Key Historical …
29
in December 2007, that the two countries cooperate with each other without prejudice to
the legal positions of both countries during the transitional period pending agreement on the
delimitation and taken the first step to this end. Both countries will continue consultations
further. 33
This statement consists of two parts/Understandings: one relating to the parties’
understanding on joint development in the East China Sea, while the other to the
parties’ understanding on the development of the Shirakaba (Chunxiao in Chinese)
oil and gas field. In relation to the former:
The two sides proceed with the following as the first step of the joint development between
Japan and China in the East China Sea.
1. The joint development zone shall be the area bounded by straight lines connecting the
following points in the sequence given below:
(1) 29 o 31’ North125 o 53’30” East
(2) 29 o 49’ North125 o 53’30” East
(3) 30 o 04’ North126 o 03’45” East
(4) 30 o 00’ North126 o 10’23” East
(5) 30 o 00’ North126 o 20’00” East
(6) 29 o 55’ North126 o 26’00” East
(7) 29 o 31’ North126 o 26’00” East
2. Both sides will, through joint exploration, select sites for joint development by mutual
agreement and conduct joint development at the sites based on the principle of mutual
benefit. Details will be decided by both sides through consultation.
3. The two sides will make efforts to promptly conclude, in accordance with their respective
domestic procedures, a bilateral agreement necessary for the implementation of the joint
development.
4. The two sides will continue consultations in order to attain joint development in other
waters of the East China Sea as soon as possible. 34
It is mutually understood, of course, that an implementing agreement is to be
concluded in due course to specify the necessary terms of joint development,
including the rates of profit and costs of production. What is noteworthy is the fact that
although Japan and China concluded two understandings, they have made no effort to
draft common English versions.
35 As a result, there are two different English texts for
each Understanding, which may cause slight differences of interpretation between
the two parties. A case in point is the respective titles of one of the understandings:
according to the Japanese Ministry of Foreign Affairs one of the Understandings bears
the title ‘Understanding on the Development of the Shirakaba (Chunxiao in Chinese)
oil and gas field’, while, on the other hand, the Chinese Ministry of Foreign Affairs
has opted for ‘Understanding on the Participation of Japanese Legal Persons in the
33 Available at https://www.mofa.go.jp/files/000091726.pdf (last visited on 30 June 2020).
34 Ibid.
35 In China, the title of this agreement is the [Sino-Japanese] Principled Consensus. Cf. http://www.
fmprc.gov.cn/eng/xwfw/s2510/t448632.htm (last accessed 20 August 2008)
29
in December 2007, that the two countries cooperate with each other without prejudice to
the legal positions of both countries during the transitional period pending agreement on the
delimitation and taken the first step to this end. Both countries will continue consultations
further. 33
This statement consists of two parts/Understandings: one relating to the parties’
understanding on joint development in the East China Sea, while the other to the
parties’ understanding on the development of the Shirakaba (Chunxiao in Chinese)
oil and gas field. In relation to the former:
The two sides proceed with the following as the first step of the joint development between
Japan and China in the East China Sea.
1. The joint development zone shall be the area bounded by straight lines connecting the
following points in the sequence given below:
(1) 29 o 31’ North125 o 53’30” East
(2) 29 o 49’ North125 o 53’30” East
(3) 30 o 04’ North126 o 03’45” East
(4) 30 o 00’ North126 o 10’23” East
(5) 30 o 00’ North126 o 20’00” East
(6) 29 o 55’ North126 o 26’00” East
(7) 29 o 31’ North126 o 26’00” East
2. Both sides will, through joint exploration, select sites for joint development by mutual
agreement and conduct joint development at the sites based on the principle of mutual
benefit. Details will be decided by both sides through consultation.
3. The two sides will make efforts to promptly conclude, in accordance with their respective
domestic procedures, a bilateral agreement necessary for the implementation of the joint
development.
4. The two sides will continue consultations in order to attain joint development in other
waters of the East China Sea as soon as possible. 34
It is mutually understood, of course, that an implementing agreement is to be
concluded in due course to specify the necessary terms of joint development,
including the rates of profit and costs of production. What is noteworthy is the fact that
although Japan and China concluded two understandings, they have made no effort to
draft common English versions.
35 As a result, there are two different English texts for
each Understanding, which may cause slight differences of interpretation between
the two parties. A case in point is the respective titles of one of the understandings:
according to the Japanese Ministry of Foreign Affairs one of the Understandings bears
the title ‘Understanding on the Development of the Shirakaba (Chunxiao in Chinese)
oil and gas field’, while, on the other hand, the Chinese Ministry of Foreign Affairs
has opted for ‘Understanding on the Participation of Japanese Legal Persons in the
33 Available at https://www.mofa.go.jp/files/000091726.pdf (last visited on 30 June 2020).
34 Ibid.
35 In China, the title of this agreement is the [Sino-Japanese] Principled Consensus. Cf. http://www.
fmprc.gov.cn/eng/xwfw/s2510/t448632.htm (last accessed 20 August 2008)