52
Y. Jin
opposite or adjacent coasts to delimit their respective marine jurisdiction according
to the principle of equity on the basis of international law. This demonstrates the
requirement by the UNCLOS of delimitation in the principle of equity. Secondly,
the People’s Republic of China reiterates that the UNCLOS sets forth the innocent
passage in the territorial sea without prejudice to the coastal State’s right of asking
foreign warships to obtain advance permission from it or give advance notice to it for
their passage in the territorial sea. Such content is not exactly the same as the terms
in the Declaration of the Government of the People’s Republic of China on China’s
Territorial Sea.
The Statement of the People’s Republic of China on the Baselines of the Territorial
Sea of Diaoyu Dao and Its Affiliated Islands (September 10, 2012)
37 decided on two
sets of baselines: the first group of baselines connects Diaoyu Dao, Huangwei Yu,
Nanxiao Dao, Beixiao Dao, Nan Yu, Bei Yu and Fei Yu; and the second group is the
straight baselines around Chiwei Yu.
The Legislation and Core Content on the Basic Sea Area Systems
The Law of the People’s Republic of China on the Territorial Sea and the Contiguous
Zone (February 25, 1992)
38 states that the extent of PRC’s territorial sea measures
12 nautical miles from the baseline of the territorial sea. The PRC’s baseline of
the territorial sea is designated with the method of straight baselines, formed by
joining the various base points with straight lines. To enter the territorial sea of the
People’s Republic of China, foreign military ships must obtain permission from the
Government of the People’s Republic of China.
The Law of the People’s Republic of China on the Exclusive Economic Zone and
Continental Shelf (June 26, 1998)
39 sets forth the scope of the Exclusive Economic
Zone which extends to a distance of 200 nautical miles from the baselines from
which the breadth of the territorial sea is measured; the continental shelf is the
natural prolongation of the land territory to the outer edge of the continental margin,
or to 200 nautical miles from the breadth of the territorial sea is measured where the
outer edge of the continental margin does not extend up to that limit. Such provisions
are made according to the equidistance principle in the UNCLOS.
37 For details on the Statement of People’s Republic of China on the Baselines of the Territorial
Sea of Diaoyu Dao and Its Affiliated Islands, see https://www.gov.cn/jrzg/2012-09/10/content_2
221140.htm, visited on September 11, 2012. Meanwhile, in order to deal with the safety of flight in
airspace over the East China Sea including sea areas surrounding Diaoyu Dao, Ministry of National
Defense of China announced the Declaration of China on Establishing Air Defense Zone of East
China Sea on Nov. 23, 2013 according to international customs and national laws and published
the Announcement of China of Rules on Identifying Aircrafts in Air Defense Identification Zone of
East China Sea . See https://www.gov.cn/jrzg/2013-11/content_2533099(or2,533,101).htm, visited
on Nov. 25, 2013.
38 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. 201–205.
39 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. 210–215.
Y. Jin
opposite or adjacent coasts to delimit their respective marine jurisdiction according
to the principle of equity on the basis of international law. This demonstrates the
requirement by the UNCLOS of delimitation in the principle of equity. Secondly,
the People’s Republic of China reiterates that the UNCLOS sets forth the innocent
passage in the territorial sea without prejudice to the coastal State’s right of asking
foreign warships to obtain advance permission from it or give advance notice to it for
their passage in the territorial sea. Such content is not exactly the same as the terms
in the Declaration of the Government of the People’s Republic of China on China’s
Territorial Sea.
The Statement of the People’s Republic of China on the Baselines of the Territorial
Sea of Diaoyu Dao and Its Affiliated Islands (September 10, 2012)
37 decided on two
sets of baselines: the first group of baselines connects Diaoyu Dao, Huangwei Yu,
Nanxiao Dao, Beixiao Dao, Nan Yu, Bei Yu and Fei Yu; and the second group is the
straight baselines around Chiwei Yu.
The Legislation and Core Content on the Basic Sea Area Systems
The Law of the People’s Republic of China on the Territorial Sea and the Contiguous
Zone (February 25, 1992)
38 states that the extent of PRC’s territorial sea measures
12 nautical miles from the baseline of the territorial sea. The PRC’s baseline of
the territorial sea is designated with the method of straight baselines, formed by
joining the various base points with straight lines. To enter the territorial sea of the
People’s Republic of China, foreign military ships must obtain permission from the
Government of the People’s Republic of China.
The Law of the People’s Republic of China on the Exclusive Economic Zone and
Continental Shelf (June 26, 1998)
39 sets forth the scope of the Exclusive Economic
Zone which extends to a distance of 200 nautical miles from the baselines from
which the breadth of the territorial sea is measured; the continental shelf is the
natural prolongation of the land territory to the outer edge of the continental margin,
or to 200 nautical miles from the breadth of the territorial sea is measured where the
outer edge of the continental margin does not extend up to that limit. Such provisions
are made according to the equidistance principle in the UNCLOS.
37 For details on the Statement of People’s Republic of China on the Baselines of the Territorial
Sea of Diaoyu Dao and Its Affiliated Islands, see https://www.gov.cn/jrzg/2012-09/10/content_2
221140.htm, visited on September 11, 2012. Meanwhile, in order to deal with the safety of flight in
airspace over the East China Sea including sea areas surrounding Diaoyu Dao, Ministry of National
Defense of China announced the Declaration of China on Establishing Air Defense Zone of East
China Sea on Nov. 23, 2013 according to international customs and national laws and published
the Announcement of China of Rules on Identifying Aircrafts in Air Defense Identification Zone of
East China Sea . See https://www.gov.cn/jrzg/2013-11/content_2533099(or2,533,101).htm, visited
on Nov. 25, 2013.
38 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. 201–205.
39 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. 210–215.