China's U-Shaped Line in the South China Sea Revisited

Despite its existence on the Chinese maps for more than six decades, the U-shaped line, as a traditional maritime boundary line of China in the South China Sea, has never received a wide recognition in the world community, much less by the other claimant states in the South China Sea. The U-shaped line is a legal conundrum not only for China but also for the world community, particularly after the map with the U-shaped line, together with China's Notes Verbale with respect to the claims to the outer continental shelves made by Malaysia and Vietnam, were submitted to the UN Commission on the Limits of Continental Shelf in May 2009. This article discusses China's recent practice relating to the U-shaped line as well as the external factors that affect the validity of the line and tries to unravel the legal puzzle posed by the line.     

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.     

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.     

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.     

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.     

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.     

A Note on the United States and the Law of the Sea: Looking Back and Moving Forward

Since the Antarctic Treaty was negotiated in 1959, there have been substantial developments in the law of the sea. One of the most significant developments has been the recognition granted to coastal state entitlements to claim a range of offshore maritime areas. Yet, one of the principal aims of the Antarctic Treaty was to eliminate sovereignty disputes between territorial claimants, and the treaty placed limitations on the assertion of new claims. Nevertheless, most Antarctic territorial claimants have asserted some form of Antarctic maritime claim. This article particularly considers Australia's position toward maritime claims offshore the Australian Antarctic Territory (AAT). It reviews the limitations imposed by the Antarctic Treaty, the difficulties in determining baselines in Antarctica, Australia's practice in declaring Antarctic maritime claims, and the potential range of maritime boundaries that Australia may one day have to delimit with neighboring states in the Southern Ocean.     

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.     

Why the 2008 Sino-Japanese Consensus on the East China Sea Has Stalled: Good Faith and Reciprocity Considerations in Interim Measures Pending a Maritime Boundary Delimitation

This article examines the 2008 Sino-Japanese Consensus on the East China Sea in the context of the seemingly vague obligations in the Law of the Sea Convention regarding overlapping claims for states to “make every effort to enter into provisional arrangements of a practical nature.” The conclusion reached is that, while the claims of the two states in the East China Sea are based in good faith, there is a lack of reciprocity in the Consensus that helps explain it's fragile nature.     

The Spratlys: Are They Rocks or Islands?

The South China Sea is a multilateral battlefield of conflicting claims to sovereignty over island features and vast areas of maritime jurisdiction. In the middle of the South China Sea lies the Spratly archipelago - some 150 small island features to which six states have made claims. The core of the SCS dispute is access to natural resources, and the rivalling claims to sovereignty over islands are largely based on the assumption that whoever has sovereignty to the features can also claim large areas of ocean space attached to them. The United Nations Convention on the Law of the Sea has codified the regimes of the continental shelf and the exclusive economic zone, and it is accepted that islands, as well as continental territory, generate such zones of maritime jurisdiction. However, one category of islands cannot generate these extensive maritime zones. Article 121(3) of the convention states that "rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf." This provision, if applied to certain features, has the potential to significantly change the scope of the conflict in the Spratlys.     

A Preliminary Study of the Title to Huangyan Island (Scarborough Reef/Shoal)

The current standoff over Huangyan Island (Scarborough Reef/Shoal) between China and the Philippines is one that above all concerns the sovereignty over the island. The Philippines made its position known in 1997 that it relies on effective occupation of the island as the basis for its claim. This article, a preliminary study, seeks to demonstrate that there are not two competing titles respecting Huangyan Island's ownership, but only one, i.e., China's. Even in terms of the doctrine of effective occupation, China has a superior claim to the title to the island.     

The Substance View: A Critique (Part 2)

In my initial critique of the substance view, I raised reductio‐style objections to the substance view's conclusion that the standard human fetus has the same intrinsic value and moral standing as the standard adult human being, among others. In this follow‐up critique, I raise objections to some of the premises invoked in support of this conclusion. I begin by briefly presenting the substance view as well as its defense. (For a more thorough presentation, see the first part of my critique.) I then raise objections to three claims involved in the substance view's defense: the claim that the standard human fetus's intrinsic value and moral standing is a function of its potentiality; the claim that the standard human fetus's intrinsic value and moral standing is a function of its essential properties; and the claim that it is the possession of the basic potential for rational moral agency that best accounts for the wrongness of killing the standard human fetus, among others.     

Language analysis in the United Kingdom's refugee status determination system: seeing through policy claims about ‘expert knowledge’

This paper examines claims made about the role of ‘expert knowledge’ in analysing the language of individuals seeking asylum in the UK. I treat policy as a type of power and seek to understand how this policy uses the language of science to further the British government's stated interest to provide ‘secure borders’ and a ‘safe haven’ for refugees. I look at how the Home Office defines, shapes and implements the policy, and at how the policy has influenced judicial decisions. In short I unmask UKBA's claim that it relies upon expert, scientific knowledge to assess asylum claims.     

Regional material flow accounts for China: Examining China's natural resource use at the provincial and national level

Over the last three decades, China has experienced the most dynamic economic development lifting living standards and resulting in fast‐growing use of natural resources. In the past, the focus has been on national MFA accounts which do not do justice to the second largest economy, home to 19% of the world population and having 30% of global material use. In this research, we calculate material extraction for China at the regional level during 1995–2015 using the most recent available statistical data and applying the most up‐to‐date international calculation methods. In particular, we combine a bottom‐up and top‐down approach for constructing the dataset of China's economically used Domestic Extraction (DEU) in an integrated way. This approach also improves the Chinese national material flow accounts and allows us to present a reliable database of DE of materials for China to date. Our new dataset provides the basis for calculating material footprints and environmental impacts of China's regions. The dataset enables us to evaluate regional resource efficiency trends in China. We find that during the past two decades, China's material use has grown strongly from 11.7 billion tonnes in 1995 to 35.4 billion tonnes in 2015. Material use has accelerated between 2000 and 2010 but slowed down between 2010 and 2015 reflecting the economic contraction caused by the Global Financial Crisis which reduced the global demand for China's manufacturing and a reorientation of China's economic policy settings toward quality of growth. Unsurprisingly, different regions play different roles in the supply chain of materials, achieving different economic performances resulting in very diverse material efficiency outcomes. This information is important to allow for a targeted policy approach to increase resource efficiency, reduce environmental impacts of resource use, and grow wellbeing in China with large positive implications for global sustainability. This study provides the basis for the development of relevant resource management policies for different regions in the future.     

Organ Sales: Exploitative at Any Price?

In many cases, claims that a transaction is exploitative will focus on the details of the transaction, such as the price paid or conditions. For example, in a claim that a worker is exploited, the grounds for the claim are usually that the pay is not sufficient or the working conditions too dangerous. In some cases, however, the claim that a transaction is exploitative is not seen to rely on these finer details. Many, for example, claim that organ sales would be exploitative, in a way that doesn't seem to depend on the details. This article considers, but ultimately rejects, a number of arguments which could be used to defend this sort of claim.     

中国碳交易市场的特征、动力机制与趋势——基于国际经验比较

建立和完善碳交易市场是目前各国政府控制温室气体排放、积极应对全球气候变化的重要途径之一,厘清其发展特征和动力是推动碳交易的前提。将碳交易市场作为自然-经济-社会复合生态系统反馈机制的一环,从国际、国内两个尺度对碳交易市场的特征、动力机制和趋势做了分析,发现国际气候谈判的核心利益、减排的融资需求、货币霸权是碳交易市场全球化和金融化的主要驱动力。中国碳交易市场发展具有分阶段、市场规模大、发展不平衡、试点区域构建了碳交易政策体系等特征。鉴于中国经济增速快、碳排放增量大、能源依赖性大、区域发展不平衡、政府主导经济发展和外围保障体系不够完善等因素影响下,国内减排压力和国际声誉作为内在驱动机制,与国际相通的驱动机制共同促使形成具有中国特色的全国统一碳交易市场。同时,中国碳交易市场存在规模和业务扩大、制度更加完善、成为有世界话语权的碳交易市场等发展趋势。     

Agriculture under Climate Change in China: Mitigate the Risks by Grasping the Emerging Opportunities

ABSTRACT

There have been increasing concerns on risks and uncertainty posed by climate change to China's future crop production. The existing assessments using popular process-based and site-specific crop growing models highlight the significant extent of climate-induced yield reduction, and thus suggest a scary downward risk for China's future food production. Surprisingly, much less attention has been paid to exploring the potential gains that may also be brought by climate change. To address this imbalance, we develop an integrated agro-climatic and ecological assessment tool that is capable of detecting the shifts of multicropping opportunities under different climate change scenarios. The application of this tool to the context of China reveals significant extension of multicropping opportunities brought in by climate change. We argue for an active adaptation to such emerging opportunities through both market and policy incentives, because the aggregate gain of such adaptation is sufficient to outweigh the loss as revealed by the existing assessments.     

The Greenhouse Gas Footprint of China's Food System: An Analysis of Recent Trends and Future Scenarios

Food chain systems (FCSs), which begin in agricultural production and end in consumption and waste disposal, play a significant role in China's rising greenhouse gas (GHG) emissions. This article uses scenario analysis to show China's potential trajectories to a low‐carbon FCS. Between 1996 and 2010, the GHG footprint of China's FCSs increased from 1,308 to 1,618 megatonnes of carbon dioxide equivalent (Mt CO₂‐eq), although the emissions intensity of all food categories, except for aquatic food, recorded steep declines. We project three scenarios to 2050 based on historical trends and plausible shifts in policies and environmental conditions: reference scenario; technology improvement scenario; and low GHG emissions scenario. The reference scenario is based on existing trends and exhibits a large growth in GHG emissions, increasing from 1,585 Mt CO₂‐eq in 2010 to 2,505 Mt CO₂‐eq in 2050. In the technology improvement scenario, emissions growth is driven by rising food demand, but that growth will be counterbalanced by gains in agricultural technology, causing GHG emissions to fall to 1,413 Mt CO₂‐eq by 2050. Combining technology improvement with the shift to healthier dietary patterns, GHG emissions in the low GHG emissions scenario will decline to 946 Mt CO₂‐eq in 2050, a drop of 41.5% compared with the level in 2010. We argue that these are realistic projections and are indeed indicative of China's overall strategy for low‐carbon development. Improving agricultural technology and shifting to a more balanced diet could significantly reduce the GHG footprint of China's FCSs. Furthermore, the transition to a low‐carbon FCS has potential cobenefits for land sustainability and public health.     

The Practice of Archipelagic States: A Study of Studies

The 1982 UN Convention on the Law of the Sea contains provisions governing the maritime claims of states, including special provisions for archipelagic states. To date, 20 states have utilized these provisions by enacting archipelagic baselines, within which these states claim sovereign waters subject to the navigational rights of other states. This article systematically examines the degree to which the archipelagic claims of these states have complied with the requirements in the Law of the Sea Convention.     

Peak cement‐related CO2 emissions and the changes in drivers in China

In order to fight against the climate change, China has set a series of emission reduction policies for super‐emitting sectors. The cement industry is the major source of process‐related emissions, and more attention should be paid to this industry. This study calculates the process‐related, direct fossil fuel–related, and indirect electricity‐related emissions from China's cement industry. The study finds that China's cement‐related emissions peaked in 2014. The emissions are, for the first time, divided into seven parts based on the cement used in different new building types. The provincial emission analysis finds that developed provinces outsourced their cement capacities to less developed regions. This study then employs index decomposition analysis to explore the drivers of changes in China's cement‐related emissions. The results show that economic growth was the primary driver of emission growth, while emission intensity and efficiency were two offsetting factors. The changes in the construction industry's structure and improvement in efficiency were the two major drivers that contributed to the decreased emissions since 2014.