Chapter 3
The United Nations Convention
on the Law of the Sea and China’s
Practice
Yongming Jin
3.1 Introduction
The prominent sources of written laws and treaties in the modern legal system on the
sea are the 1958 Geneva Conventions on the Law of the Sea and the United Nations
Convention on the Law of the Sea (UNCLOS).
1 Regarding their inter-relationship,
1 The modern system on the law of the sea herein specially refers to written laws or treaties on
the basis of compiling customary international law. Among them, the Geneva Conventions on
the Law of the Sea includes four conventions which are Convention on the Territorial Sea and
the Contiguous Zone (adopted on April 29, 1958 and became effective as from Sept 10, 1964),
Convention on the High Seas (adopted on April 29, 1958 and became effective as from Sept 30,
1962), Convention on Fishing and Conservation of the Living Resources of the High Seas (adopted
on April 29, 1958 and became effective as from Mar 29, 1966), Convention on the Continental Shelf
(adopted on April 29, 1958 and became effective as from June 10, 1964) and Optional Protocol
of Signature Concerning the Compulsory Settlement of Disputes (adopted on April 29, 1958 and
became effective as from Sept 30, 1962). See International Law Teaching and Research Office of
Law Department of Peking University (editor): Compilation of Materials on the Law of the Sea,
the People’s Publishing House, 1974 Version, pp. 197–263. In the First UN Conference on the
Law of the Sea, besides the four Geneva conventions on the law of the sea, the Optional Protocol
of Signature concerning the Compulsory Settlement of Disputes was also adopted, but it is not a
part of four Geneva Conventions on the Law of the Sea because its Article 5 sets forth that this
Protocol shall remain open for signature by all States who become Parties to any Convention on the
Law of the Sea adopted by the United Nations Conference on the Law of the Sea and is subject to
ratification where necessary, according to the constitutional requirements of the signatory States.
This chapter is a research outcome of a major project on Marine Exploitation and Utilization System
under the Framework of the Law of the Sea funded by China Association of Marine Affairs and
Academy of Ocean of China (CAMAZDA201701) and of a general project on Marine Policies
and Legal System in the New China: Review and Prospect funded by Shanghai Planning Office of
Philosophy and Social Science (2017BHB005).
Y. Jin (B)
Ocean University of China, Qingdao, China
e-mail: jinyongming2013@163.com
© Kobe University 2021
D. Tamada and K. Zou (eds.), Implementation of the United Nations Convention
on the Law of the Sea, Kobe University Monograph Series in Social Science Research,
https://doi.org/10.1007/978-981-33-6954-2_3
41
The United Nations Convention
on the Law of the Sea and China’s
Practice
Yongming Jin
3.1 Introduction
The prominent sources of written laws and treaties in the modern legal system on the
sea are the 1958 Geneva Conventions on the Law of the Sea and the United Nations
Convention on the Law of the Sea (UNCLOS).
1 Regarding their inter-relationship,
1 The modern system on the law of the sea herein specially refers to written laws or treaties on
the basis of compiling customary international law. Among them, the Geneva Conventions on
the Law of the Sea includes four conventions which are Convention on the Territorial Sea and
the Contiguous Zone (adopted on April 29, 1958 and became effective as from Sept 10, 1964),
Convention on the High Seas (adopted on April 29, 1958 and became effective as from Sept 30,
1962), Convention on Fishing and Conservation of the Living Resources of the High Seas (adopted
on April 29, 1958 and became effective as from Mar 29, 1966), Convention on the Continental Shelf
(adopted on April 29, 1958 and became effective as from June 10, 1964) and Optional Protocol
of Signature Concerning the Compulsory Settlement of Disputes (adopted on April 29, 1958 and
became effective as from Sept 30, 1962). See International Law Teaching and Research Office of
Law Department of Peking University (editor): Compilation of Materials on the Law of the Sea,
the People’s Publishing House, 1974 Version, pp. 197–263. In the First UN Conference on the
Law of the Sea, besides the four Geneva conventions on the law of the sea, the Optional Protocol
of Signature concerning the Compulsory Settlement of Disputes was also adopted, but it is not a
part of four Geneva Conventions on the Law of the Sea because its Article 5 sets forth that this
Protocol shall remain open for signature by all States who become Parties to any Convention on the
Law of the Sea adopted by the United Nations Conference on the Law of the Sea and is subject to
ratification where necessary, according to the constitutional requirements of the signatory States.
This chapter is a research outcome of a major project on Marine Exploitation and Utilization System
under the Framework of the Law of the Sea funded by China Association of Marine Affairs and
Academy of Ocean of China (CAMAZDA201701) and of a general project on Marine Policies
and Legal System in the New China: Review and Prospect funded by Shanghai Planning Office of
Philosophy and Social Science (2017BHB005).
Y. Jin (B)
Ocean University of China, Qingdao, China
e-mail: jinyongming2013@163.com
© Kobe University 2021
D. Tamada and K. Zou (eds.), Implementation of the United Nations Convention
on the Law of the Sea, Kobe University Monograph Series in Social Science Research,
https://doi.org/10.1007/978-981-33-6954-2_3
41