3 The United Nations Convention …
51
law especially a treaty gains its domestic effectiveness through the mode of recognition or transformation. The mode of transformation is especially reflected in China’s
practice in the law of the sea.
33
3.4.2 Specific Practice of China According to the UNCLOS
China, according to customary international law and modern law of the sea, especially
the basic principles and content of the UNCLOS, enacts and implements law of the
sea at the domestic level. The specific practice is mainly reflected in the following
several aspects.
The Legislation and Core Content on the General and Principled Systems
The Declaration of the Government of the People’s Republic of China on China’s
Territorial Sea (September 4, 1958)
34 set forth that the straight baselines method
shall be employed to determine the baselines of territorial sea of the mainland and
coastal islands of China, that the breadth of China’s territorial sea shall be twelve
nautical miles. Meanwhile, foreign aircrafts and military vessels cannot enter into
the territorial sea and the airspace of the territorial sea of China without the approval
of the government of the People’s Republic of China. Any foreign vessels must abide
by relevant laws and orders of the government of the People’s Republic of China
when it navigates in the territorial sea of China.
In the Declaration of the Government of the People’s Republic of China on the
Baselines of the Territorial Sea (May 15, 1996),
35 China announced the baselines
of part of its territorial sea adjacent to the mainland and those of territorial sea
adjacent to its Xisha Islands. These baselines are composed of straight lines and
the declaration states that the government of the People’s Republic of China will
announce the remaining baselines of the territorial sea of the People’s Republic of
China at another time.
The Decision of the Standing Committee of the National People’s Congress on
Approving the United Nations Convention on the Law of the Sea (May 15, 1996)
36
states that firstly, the People’s Republic of China will negotiate with States with
33 Although there are disputes over the level and effectiveness between international law and
domestic law, treaty prevails over domestic law from the legislation and practice of China. See
Zhou (2004).
34 See Office of Policy, Law and Regulation State Oceanic Administration Editor, Collection of
the Sea Laws and Regulations of the People’s Republic of China, 3rd edition, Ocean Press, 2001
Edition, pp. 197–198.
35 See Office of Policy, Law and Regulation State Oceanic Administration Editor, Collection of
the Sea Laws and Regulations of the People’s Republic of China, 3rd edition, Ocean Press, 2001
Edition, pp. 206–209.
36 See Office of Policy, Law and Regulation State Oceanic Administration Editor, Collection of
the Sea Laws and Regulations of the People’s Republic of China, 3rd edition, Ocean Press, 2001
Edition, pp. 199–200.
51
law especially a treaty gains its domestic effectiveness through the mode of recognition or transformation. The mode of transformation is especially reflected in China’s
practice in the law of the sea.
33
3.4.2 Specific Practice of China According to the UNCLOS
China, according to customary international law and modern law of the sea, especially
the basic principles and content of the UNCLOS, enacts and implements law of the
sea at the domestic level. The specific practice is mainly reflected in the following
several aspects.
The Legislation and Core Content on the General and Principled Systems
The Declaration of the Government of the People’s Republic of China on China’s
Territorial Sea (September 4, 1958)
34 set forth that the straight baselines method
shall be employed to determine the baselines of territorial sea of the mainland and
coastal islands of China, that the breadth of China’s territorial sea shall be twelve
nautical miles. Meanwhile, foreign aircrafts and military vessels cannot enter into
the territorial sea and the airspace of the territorial sea of China without the approval
of the government of the People’s Republic of China. Any foreign vessels must abide
by relevant laws and orders of the government of the People’s Republic of China
when it navigates in the territorial sea of China.
In the Declaration of the Government of the People’s Republic of China on the
Baselines of the Territorial Sea (May 15, 1996),
35 China announced the baselines
of part of its territorial sea adjacent to the mainland and those of territorial sea
adjacent to its Xisha Islands. These baselines are composed of straight lines and
the declaration states that the government of the People’s Republic of China will
announce the remaining baselines of the territorial sea of the People’s Republic of
China at another time.
The Decision of the Standing Committee of the National People’s Congress on
Approving the United Nations Convention on the Law of the Sea (May 15, 1996)
36
states that firstly, the People’s Republic of China will negotiate with States with
33 Although there are disputes over the level and effectiveness between international law and
domestic law, treaty prevails over domestic law from the legislation and practice of China. See
Zhou (2004).
34 See Office of Policy, Law and Regulation State Oceanic Administration Editor, Collection of
the Sea Laws and Regulations of the People’s Republic of China, 3rd edition, Ocean Press, 2001
Edition, pp. 197–198.
35 See Office of Policy, Law and Regulation State Oceanic Administration Editor, Collection of
the Sea Laws and Regulations of the People’s Republic of China, 3rd edition, Ocean Press, 2001
Edition, pp. 206–209.
36 See Office of Policy, Law and Regulation State Oceanic Administration Editor, Collection of
the Sea Laws and Regulations of the People’s Republic of China, 3rd edition, Ocean Press, 2001
Edition, pp. 199–200.