The U-Shaped Line and a Categorization of the Ocean Disputes in the South China Sea

A principal aspect of the territorial and boundary delimitation disputes in the South China Sea is the so-called U-shaped line. This article addresses the genesis and substantiation of the U-shaped line claims as well as the possible change in positions of the governments of the Republic of China and the People's Republic of China with respect to the historical waters claim, which is an integral part of their U-shaped line positions. A legal analysis of the various communications of the South China Sea players with respect to the U-shaped line helps to clarify and identify the nature of four kinds of legal disputes. It is also possible to differentiate the various degrees of difficulty involved in settling each of these disputes.     

Maritime Boundary Delimitation: United States Practice

China's recent claims to a large “U-shaped” area in the South China Sea, involving the disputed Spratly and Paracel Islands, has given rise to a number of serious criticisms not only from neighboring states, but also some states beyond the region. The claim also raises a number of theoretical questions, including whether historic title claims without hard evidence have validity under international law. This article explores this and other issues raised by China's U-shaped claim.     

China's Nine Dotted Lines in the South China Sea: The 2011 Exchange of Diplomatic Notes Between the Philippines and China

Important events relating to the sovereignty dispute over the Spratly Islands have arisen by fits and starts since 2009, marking the start of a new phase in the legal battle over territorial and maritime claims in the South China Sea. While the exchange of legal arguments between the parties has gradually laid bare their maritime claims, much still remains shrouded in uncertainty. Among the obscure claims wanting clarification is China's infamous nine-dotted-line map, which in 2011 elicited a response and counterresponse between the Philippines and China. This article examines the maritime and territorial claims of the Philippines and China as revealed in the recent discord over the nine-dotted-line map.     

Historic Rights in International Law and in China's Practice

Despite the great expansion of maritime zones of the coastal states, consequent to the 1982 UN Convention on the Law of the Sea, state practice indicates continued attempts at using concepts of historic waters and/or historic rights to assert jurisdiction. The Chinese claim to historic rights in its 1998 Law on the Exclusive Economic Zone and Continental Shelf is a new addition to the whole picture. It is the People's Republic of China's clear intention that the historic claim applies to the water areas in the South China Sea wherever China could not establish its 200-nm exclusive economic zone. This article assesses China's historic claim in the context of international law, state practice, and judicial pronouncements.     

Universalizing the Law of the Sea in the South China Sea Dispute

This article argues that a resolution of the maritime disputes in the South China Sea must be based upon a universalist framework where the maritime interests of the world are upheld. The article discusses the universalist framework of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the universalist approach taken by the Tribunal on 12 July 2016 in the South China Sea Arbitration regarding the extinguishment of a state's “exceptionalist” maritime claims and the adoption of strict criteria for the characterization of features at sea.     

The Impact of the Law of the Sea Convention on Conflict and Conflict Management in the South China Sea

This article examines the impact of the UN Law of the Sea Convention on conflict behavior and management in the South China Sea during four periods: during its negotiation (1973–1982); from its signing to the entry into force (1982–1994); from then until the China-ASEAN Declaration on the Conduct of Parties in the South China Sea (1995–2002); and from the setting of a timeline for outer limits of continental shelf submissions to the events following the 2009 submissions (2003–2013). Ambiguous effects were found. On the one hand, the Convention has generated or exacerbated conflict by raising the stakes, failing to resolve key legal issues, and encouraging overlapping zone claims. On the other hand, it has provided obligations, language, and techniques for conflict management and resolution. The conflict-enhancing impact was found to have been more substantial than the peace-promoting effects. Nevertheless, the balance has shifted toward more emphasis on conflict management and also some utilization of the Convention's peacemaking potential. If this long-term trend continues and the Convention is more rigorously respected and applied, the Convention may in the end be found to have contributed to regional peace.     

The Salish Sea Boundary Straits: “Historic Internal Waters” or Territorial Seas?

The legal classification of the boundary straits of the Salish Sea between the western United States and Canada as either historic internal waters or territorial seas, subject to a right of innocent or transit passage, has been the subject of periodic debate within the U.S. government since the United States and Great Britain entered into the 1846 Oregon Treaty. As neither state has made an express public claim of historic title to the waters, any evidence for such a claim must be sought in less explicit and sometimes conflicting sources. This article applies the United States' legal test for a historic waters claim, recently set out in the U.S. Department of State's analysis of China's claims in the South China Sea, and concludes that the boundary waters of the Salish Sea would not meet that test. Accordingly, the waters of the Salish Sea boundary straits on the United States' side of the international boundary must be considered a territorial sea.     

Marine scientific research and marine pollution in China

Abstract

In recent years coastal states everywhere in the world have paid attention to the preservation of the marine environment and the conduct of marine scientific research. The scope and nature of China's marine scientific research have been expanded and diversified since the late 1970s because of the growing importance of the ocean for the “Four Modernization “ programs. More and more programs have been designed and executed to find fishing resources, search for offshore oil and gas, promote maritime defense, help alleviate the marine pollution problems, reinforce China's territorial claim in the South China Sea, participate in Antarctic scientific research, and to better understand the whole marine environment. This article first examines China's attitude toward the legal regimes of marine pollution and marine scientific research. It depicts China's marine scientific research activities from the early 1950s. Finally it suggests that more scientific research programs will be designed in support of China's ocean development plans in the future.     

Coastal States in the South China Sea and Submissions on the Outer Limits of the Continental Shelf

The purpose of this article is to examine the outer continental shelf submissions made by the coastal states of the South China Sea and their potential impact on legal and political developments in the South China Sea. In accordance with the United Nations Convention on the Law of the Sea of 1982 and the guidelines of the Commission on the Limits of the Continental Shelf, coastal states are to establish the outer limits of their continental shelf where it extends beyond 200 nautical miles. Meeting this obligation is complicated in enclosed or semienclosed seas where there are maritime disputes such as in the South China Sea.     

中国南海北部不同岛屿植被与土壤的耦合协调发展度

植被和土壤是陆地生态系统两个重要的组成部分,二者相互影响相互促进,探明两者的耦合协调关系是生态恢复与重建的顺利实施的关键。基于中国南海北部大庙墩岛、涠洲岛、大汉三墩岛、甘蔗岛和蜈支洲岛等个海岛的典型植被群落植被土壤的全面调查和取样分析,建立10个植被因子和14个土壤因子的2级层次指标体系,采用层析分析法确定各因子的权重,构建5个海岛植被土壤耦合度和耦合协调度模型。结果表明,不同岛屿的植被土壤耦合度和耦合协调度模型并不完全对应,植被与土壤的综合指数在不同岛屿中也不完全一致,甘蔗岛的植被效应和大汉三墩岛的土壤效应最佳。中国南海北部5个岛屿的植被土壤耦合协调状况较好,均处于初、中级协调发展状态,且除甘蔗岛外处于植被土壤同步型。总的来说,由于岛屿远离内陆,人类干扰相对较小,在植被土壤长期的演替过程中,中国南海北部岛屿植被土壤耦合协调较好,在其恢复与生态重建时要注重提高植物多样性、抚育水平和土壤管理水平。     

A Note on China's Legal and Operational Responses to International Piracy

This article reviews China's responses to international piracy from the legal perspective by looking at China's treaty practices with regard to piracy suppression, China's enhanced overseas naval escort operations, China's domestic antipiracy law in both substantive and procedural aspects, and piracy prosecution under Chinese law. Notwithstanding its contribution to the suppression of piracy, China has a need to improve its domestic laws for more efficient and effective piracy suppression.     

The South China sea: From conflict to cooperation?

This article provides a comprehensive review of the latest developments with respect to the Spratly Islands disputes in the South China Sea. By studying the national policies behind the evolution of these events it examines in particular some of their implications on regional relations and the future of the South China Sea, with special emphasis on China's policy toward the issue.     

Reflections on the Interpretation and Application of Article 121(3) in the South China Sea Arbitration (Merits)

The 2016 South China Sea Arbitration Award provided a detailed review of the interpretation of Article 121(3) of the U.N. Convention on the Law of the Sea. According to the Tribunal, Article 121(3) performs a preventive function by disabling tiny features from unfairly generating enormous entitlements to maritime space that does not serve the local population. This provision also contributes to safeguarding of the Common Heritage of Mankind. The Tribunal's interpretation seems to reflect development of the law of the sea toward protection of the common interests of the international community. However, since the Tribunal's interpretation is not anchored in state practice and the jurisprudence, whether the interpretation can be generalized needs careful consideration.     

我国主要海域海水养殖碳汇能力评估及其影响效应——基于我国9个沿海省份面板数据

随着海水养殖业的碳汇功能逐渐被认识和肯定,海水养殖不再单是一项经济活动,而是对环境具有正向影响的碳汇生态活动。以我国沿海9个省份为例,选取海水养殖业碳汇主要贡献的贝类和藻类海产品,并按照各自的碳汇方式对我国沿海地区2008—2015年海水养殖碳汇能力测算,进一步将9个沿海省份按照主要海域划分为渤海、黄海、东海、南海,利用LMDI模型从海水养殖的结构效应和规模效应角度分析碳汇能力的区域差异和主要影响因素。研究结果显示,黄海沿岸海水养殖碳汇能力最强,南海沿岸海水养殖的碳汇转化比例最高,规模效应与我国沿海地区海水养殖碳汇能力始终呈正相关,结构效应的作用显著但不稳定。基于上述结论,我国沿海地区碳汇养殖业应首先提升碳汇养殖技术、稳定海水养殖产量,其次注重优化养殖结构,对碳汇潜力巨大的贝类多加关注。     

Historic Titles and Historic Rights in the Law of the Sea in the Light of the South China Sea Arbitration

Historic titles and historic rights have been a complicated issue in the law of the sea both conceptually and practically. The South China Sea Arbitration between the Philippines and China raised important issues regarding the contemporary relevance and validity of historic claims, and the relationship between the Law of the Sea Convention and historic rights. This articles examines historic rights and historic titles in the law of the sea in the light of the South China Sea Arbitration and evaluates the contribution of the Tribunal's Awards to the clarification of these concepts.     

A Code of Conduct for Human and Regional Security Around the South China Sea

In the past decade, there have been calls for a regional code of conduct for the South China Sea to ensure peace and stability in a region replete with conflicting territorial claims over offshore geographical features. This paper will distinguish between the process of codification of rules and principles in one document, on the one hand, and the process of implementing existing rules and principles, on the other hand. It will be argued that rules and principles governing conduct for human and regional security around the South China Sea already exist in many forms and that the South China Sea states are obligated by international law to implement them without waiting for their consolidation in one document.     

Archaeal Diversity and Spatial Distribution in the Surface Sediment of the South China Sea

Archaea represent a significant portion of biomass in the marine sediments and may play an important role in global carbon cycle. However, the identity and composition of deep sea sediment Archaea are unclear. Here, we used the archaeal 16S rRNA gene primers to determine the diversity and community structure of Archaea from shallow water (<100 m) and deep water (>1500 m) sediments in the South China Sea. Phylogenetically the archaeal community is separated between the shallow- and deep sea sediments, with the former being dominated by the Thaumarchaeota and the latter by the Marine Benthic Group B, E and the South African GoldMine Euryarchaeotal Group as well as Thaumarchaeota. Sand content showed significant correlation with Thaumarchaeota, suggesting that the porous media may create an oxic environment that allowed these aerobic organisms to thrive in the surface sediments. The carbon isotope composition of total organic carbon was significantly correlated to the distribution of archaeal groups, suggesting that Archaea overall may be constrained by the availability or sources of organic carbon in the sediments of the South China Sea.     

China,Vietnam, and the South China Sea: Disputes and Dispute Management

This article examines recent developments in the South China Sea; in particular, the China-Vietnam relationship. The developments are presented in the broader context of the Sino-Vietnamese approach to managing border disputes since full normalization of relations in late 1991. The challenges for China and Vietnam in managing their disputes and related tension in the South China Sea are also discussed.     

Setting Up International (Adversary) Regimes in the South China Sea: Analyzing the Obstacles from a Chinese Perspective

If the sovereignty issue can be shelved, solved, or resolved, the six claimant states of the South China Sea will have to establish a series of international regimes. The following questions need to be answered: Do all the claimants understand the concept of international regimes? Would the regimes be imposed? Would there be hegemon(s) in the South China Sea? If so, which country or multiple entities will be involved? What would be the outcome of having international regimes in the South China Sea? Can the experience elsewhere be applied to the South China Sea?     

中国海域长额虾科和长臂虾科隐虾亚科种类记述(甲壳动物,十足目,真虾下目)

记述采于南海北部的长额虾科3属8种,作为Liand Komai(2003)记述1958-1960年全国海洋综合调查采于南海北部的长额虾总科2科8属20种的补充,同时记述该调查中采于东海的长臂虾科隐虾亚科的2属2种.8个长额虾科种是在中国科学院海洋生物标本馆新馆搬家过程中新发现标本鉴定得来,即Chlorotocella gracilis,Plesionika izumiae,P longidactylus,P.ortmanni,P.pumila,P.sindoi,P.unidens,Procletes levicarina.其中Li and Komai(2003)描述的新种P.longidactylus又发现5只携卵雌虾,证明此种在南海并不少见;P.unidens是深海种类,目前仅发现分布在200m以深海底,虽然其报道很少,但已有记录却来自从孟加拉湾至巴布亚新几内亚的不同海域,说明其分布较广,在Li and Komai(2003)文中没有记述此种,本文首次记录其在中国水域的分布,并提供特征图.隐虾亚科的两个种,即富兰克林副岩虾Paraclimenes franklini(Bruce,1990)和土佐岩虾Periclimenes tosaensis Kubo,1951均为东海海域的新纪录,将富兰克林副岩虾的已知分布区域向北扩展到北纬28°,同时填补了土佐岩虾在日本海域和南海海域之间的分布空白.