58
Y. Jin
a four-point Principled Agreement on Treating and Improving Sino-Japanese Relations (November 7, 2014),
56 Memorandum of Understanding between Ministry of
National Defense of China and Ministry of Defense of Japan on the Maritime and Air
Safety Liaison Mechanism (signed on May 9, 2018 and entered into force on June 8,
2018) and China-Japan Governmental Cooperation Agreement on Search and Rescue
at Sea (October 26, 2018 and entered into force on February 24, 2019). China and
South Korea signed the Agreement between the Government of the People’s Republic
of China and Government of the Republic of Korea on Fisheries on August 3, 2000
(entered into force on June 30, 2001)
57 and carried out negotiation on delimitation
in the Yellow Sea. The abovementioned results and documents play an important
role in the effective settlement and delay of disputes over the sea adjacent to China.
They reflect the positive role that China has played in settling disputes by insisting
on peaceful and practical means.
3.4.3 Disadvantages, Effect and Influence of China’s
Domestic Legal System on the Sea
Although China, according to the modern system of the law of the sea, especially the
UNCLOS, continually enacts and enriches its domestic system of the law of the sea,
some of their provisions and regimes have met with challenges from the international
community especially the USA.
The first is the challenge in relation to the application of straight baselines in the
Xisha Islands. China announced the straight baselines of Xisha Islands on May 15,
1996, which was challenged by the USA who considered it as ‘Excessive Maritime
Claims’ and published a report entitled Limits in the Seas-Straight Baseline Claim:
China (No. 117) on June 9, 1996.
58 The USA also challenged China’s laws and rules
in recent time through its warship operations by exercising the freedom of navigation
in the territorial sea of Xisha Islands.
59
The second challenge is in relation to the procedure of warships’ innocent passage
in the territorial sea. The USA challenged China’s practice of applying for advance
permission and notice given to the coastal State in foreign warships’ innocent passage
in the territorial sea which is set forth in Declaration of China’s Territorial Sea, Law of
China on the Territorial Sea and the Contiguous Zone and the Decision on Approving
56 See Department of Boundary and Ocean Affairs of Ministry of Foreign Affairs of PRC (editor),
A Compilation of the Documents on the Issues Related to China Seas, World Affairs Press, 2017
Edition, pp. 545–546.
57 See Department of Boundary and Ocean Affairs of Ministry of Foreign Affairs of PRC (editor),
A Compilation of the Documents on the Issues Related to China Seas, World Affairs Press, 2017
Edition, pp. 548–561.
58 See United States Department of State, Office of Ocean Affairs, Limit in the Seas No. 117: Straight
Baseline Claim: China, Washington: United States Department of State, 1996.
59 For details on the actions of freedom of navigation conducted by the USA warships in Xisha and
Nansha sea areas, see Yongming (2018b).
Y. Jin
a four-point Principled Agreement on Treating and Improving Sino-Japanese Relations (November 7, 2014),
56 Memorandum of Understanding between Ministry of
National Defense of China and Ministry of Defense of Japan on the Maritime and Air
Safety Liaison Mechanism (signed on May 9, 2018 and entered into force on June 8,
2018) and China-Japan Governmental Cooperation Agreement on Search and Rescue
at Sea (October 26, 2018 and entered into force on February 24, 2019). China and
South Korea signed the Agreement between the Government of the People’s Republic
of China and Government of the Republic of Korea on Fisheries on August 3, 2000
(entered into force on June 30, 2001)
57 and carried out negotiation on delimitation
in the Yellow Sea. The abovementioned results and documents play an important
role in the effective settlement and delay of disputes over the sea adjacent to China.
They reflect the positive role that China has played in settling disputes by insisting
on peaceful and practical means.
3.4.3 Disadvantages, Effect and Influence of China’s
Domestic Legal System on the Sea
Although China, according to the modern system of the law of the sea, especially the
UNCLOS, continually enacts and enriches its domestic system of the law of the sea,
some of their provisions and regimes have met with challenges from the international
community especially the USA.
The first is the challenge in relation to the application of straight baselines in the
Xisha Islands. China announced the straight baselines of Xisha Islands on May 15,
1996, which was challenged by the USA who considered it as ‘Excessive Maritime
Claims’ and published a report entitled Limits in the Seas-Straight Baseline Claim:
China (No. 117) on June 9, 1996.
58 The USA also challenged China’s laws and rules
in recent time through its warship operations by exercising the freedom of navigation
in the territorial sea of Xisha Islands.
59
The second challenge is in relation to the procedure of warships’ innocent passage
in the territorial sea. The USA challenged China’s practice of applying for advance
permission and notice given to the coastal State in foreign warships’ innocent passage
in the territorial sea which is set forth in Declaration of China’s Territorial Sea, Law of
China on the Territorial Sea and the Contiguous Zone and the Decision on Approving
56 See Department of Boundary and Ocean Affairs of Ministry of Foreign Affairs of PRC (editor),
A Compilation of the Documents on the Issues Related to China Seas, World Affairs Press, 2017
Edition, pp. 545–546.
57 See Department of Boundary and Ocean Affairs of Ministry of Foreign Affairs of PRC (editor),
A Compilation of the Documents on the Issues Related to China Seas, World Affairs Press, 2017
Edition, pp. 548–561.
58 See United States Department of State, Office of Ocean Affairs, Limit in the Seas No. 117: Straight
Baseline Claim: China, Washington: United States Department of State, 1996.
59 For details on the actions of freedom of navigation conducted by the USA warships in Xisha and
Nansha sea areas, see Yongming (2018b).