56
Y. Jin
Nautical Miles. The Permanent Mission of China to the United Nations fulfilled
the duty by addressing the UN Secretary-General on May 11, 2009.
46
Besides the aforesaid legal conduct performed according to the rules and requirements of the UNCLOS, China has some specific national practices in maintaining
its marine rights and interests, which are mainly reflected in the following aspects.
Firstly, regarding the status of Okinotori of Japan, the Permanent Mission of China
to the United Nations submitted a written declaration of its position on Okinotori to
the UN Secretary-General on February 6, 2009, pointing out that Okinotori is a reef
not an island, so it cannot be served as a basepoint for claiming the continental shelf
and outer continental shelf, and the Commission on the Limits of the Continental
Shelf has no power to examine relevant materials claiming the outer continental shelf
on basis of the Okinotori.
47
Secondly, regarding Vietnam and Malaysia’s joint submission concerning outer
limits of continental shelf (May 6, 2009) and Vietnam’s individual submission
concerning the outer limits of the continental shelf (May 7, 2009), the Permanent
Mission of China to the United Nations submitted a letter (No. CML/17/2009) to
the UN Secretary-General on May 7, 2009, pointing out that China has indisputable
sovereignty over South China Sea islands and adjacent sea areas and has sovereign
rights and jurisdiction over relevant sea areas and their sea bed and subsoil. China’s
position is known to the international community. In order to deal with the letter sent
from the Ministry of Foreign Affairs of the Philippines to the Chinese Embassy in
the Philippines on April 4, 2011, alleging that the Republic of the Philippines has
sovereignty and jurisdiction over Kalayaan Island Group, the Permanent Mission
of China to the United Nations submitted a letter (No. CML/8/2011) to the UN
Secretary-General again on April 4, 2011, emphasizing that China has indisputable
sovereignty over South China Sea islands and adjacent sea areas and has sovereign
rights and jurisdiction over relevant sea areas and their sea bed and subsoil. China’s
sovereignty and related rights and jurisdiction enjoy sufficient historical and legal
foundations.
48 The abovementioned positions and views were re-confirmed in the
Statement of the Government of the People’s Republic of China on China’s Territorial Sovereignty and Maritime Rights and Interests in the South China Sea on July
12, 2016.
49
Thirdly, regarding the advisory opinion on the issue of responsibilities and duties
of the State sponsoring an individual and entity’s activities in the Area given by
the Seabed Disputes Chamber of the International Tribunal for the Law of the
46 For details on Chinese government’s submission concerning the outer limits of continental shelf
as part of East China Sea , see https://www.un.org/depts/los/clcs_new/commission_documents.htm,
visited on December 27, 2014.
47 See https://www.un.org/Deps/los/clcs_new/submission_files/jpn08/chn_6feb09_c.pdf, visited on
March 12, 2009.
48 See Chinese Society of International Law, The South China Sea Arbitration Awards: A Critical
Study, Foreign Languages Press, 2018 Edition, p. 34.
49 See the Department of Boundary and Ocean Affairs of Ministry of Foreign Affairs of PRC (ed.),
Compiled Documents of China Dealing with South China Sea Arbitration, World Affairs Press,
2016 Edition, pp. 86–90.
Y. Jin
Nautical Miles. The Permanent Mission of China to the United Nations fulfilled
the duty by addressing the UN Secretary-General on May 11, 2009.
46
Besides the aforesaid legal conduct performed according to the rules and requirements of the UNCLOS, China has some specific national practices in maintaining
its marine rights and interests, which are mainly reflected in the following aspects.
Firstly, regarding the status of Okinotori of Japan, the Permanent Mission of China
to the United Nations submitted a written declaration of its position on Okinotori to
the UN Secretary-General on February 6, 2009, pointing out that Okinotori is a reef
not an island, so it cannot be served as a basepoint for claiming the continental shelf
and outer continental shelf, and the Commission on the Limits of the Continental
Shelf has no power to examine relevant materials claiming the outer continental shelf
on basis of the Okinotori.
47
Secondly, regarding Vietnam and Malaysia’s joint submission concerning outer
limits of continental shelf (May 6, 2009) and Vietnam’s individual submission
concerning the outer limits of the continental shelf (May 7, 2009), the Permanent
Mission of China to the United Nations submitted a letter (No. CML/17/2009) to
the UN Secretary-General on May 7, 2009, pointing out that China has indisputable
sovereignty over South China Sea islands and adjacent sea areas and has sovereign
rights and jurisdiction over relevant sea areas and their sea bed and subsoil. China’s
position is known to the international community. In order to deal with the letter sent
from the Ministry of Foreign Affairs of the Philippines to the Chinese Embassy in
the Philippines on April 4, 2011, alleging that the Republic of the Philippines has
sovereignty and jurisdiction over Kalayaan Island Group, the Permanent Mission
of China to the United Nations submitted a letter (No. CML/8/2011) to the UN
Secretary-General again on April 4, 2011, emphasizing that China has indisputable
sovereignty over South China Sea islands and adjacent sea areas and has sovereign
rights and jurisdiction over relevant sea areas and their sea bed and subsoil. China’s
sovereignty and related rights and jurisdiction enjoy sufficient historical and legal
foundations.
48 The abovementioned positions and views were re-confirmed in the
Statement of the Government of the People’s Republic of China on China’s Territorial Sovereignty and Maritime Rights and Interests in the South China Sea on July
12, 2016.
49
Thirdly, regarding the advisory opinion on the issue of responsibilities and duties
of the State sponsoring an individual and entity’s activities in the Area given by
the Seabed Disputes Chamber of the International Tribunal for the Law of the
46 For details on Chinese government’s submission concerning the outer limits of continental shelf
as part of East China Sea , see https://www.un.org/depts/los/clcs_new/commission_documents.htm,
visited on December 27, 2014.
47 See https://www.un.org/Deps/los/clcs_new/submission_files/jpn08/chn_6feb09_c.pdf, visited on
March 12, 2009.
48 See Chinese Society of International Law, The South China Sea Arbitration Awards: A Critical
Study, Foreign Languages Press, 2018 Edition, p. 34.
49 See the Department of Boundary and Ocean Affairs of Ministry of Foreign Affairs of PRC (ed.),
Compiled Documents of China Dealing with South China Sea Arbitration, World Affairs Press,
2016 Edition, pp. 86–90.