A method of drawing the boundary of China's rights and interests in the South China Sea
Nine segment line, namelySouth China Sea IslandsBelonging scope line，It's ChinaSouth China SeaA drawing of the boundary of maritime rights and interests.stayThe People's Republic of ChinaIn the map, in the southChina SeaThere are nine broken lines in the U-shaped line, usually called the nine segment line,[1]The area inside the line isChinaSouth China Sea。Therefore, the nine segment line distinguishessouthChina Sea(with an area of 3.5 million square kilometers) andChinaSouth China Sea(covering an area of 2.1 million square kilometers).
Root: HistoricallySoutheast AsiaBackward, few and scattered, ChineseSouthboundDeveloped activities, such asZheng He's voyages in the South Seas as far as AfricaAppoint whenLuzon IslandChinese merchantXu ChailaobygovernorAnd long-term management, Zhang JiexuNatuna IslandsEstablish a kingdom lasting for hundreds of years (laterNetherlandsPreemption).Yuan Claw WarDuring the Yuan Dynasty, the navy traveled far away.Harmony between the late Ming Dynasty and the Qing DynastyRepublic of ChinaPeriod, using Nansha andGo to NanyangIt is a general trend, and long-term use of management and jurisdiction has formed aNansha IslandsFor example, the old records of British and American naval navigation published on October 28, 2015 prove that only Chinese fishermen in the Qing Dynasty and the Republic of China spread all over the islands and reefs in the South China Sea and lived on some islands all the year round.[2]
Line history: In 1947, the Chinese government compiled and published the Location Map of the Islands in the South China SeaBorder Symbols are plottedEleven section line。It inherits the historical sovereignty zone and has ruled Southeast Asia for a long timeEuropean powersLong-term respect for China's sovereignty in the region within the line,World War IIPost retractionSouth China Sea IslandsIt is internationally recognized, so discontinuous line maps are widely usedinternationalidentification.The People's Republic of China was foundedNew aftermap of ChinaInherited this line, but changed 11 segments into 9 segments, which was canceled in 1953Hainan IslandAndVietnam?Two paragraphs between.[1]
Chinese name
Nine segment line
Foreign name
Nine-dash line
Alias
U-line
Historical appellation
11 broken lines
English
nine-dotted line
Vietnamese
Đường 9 đoạn
Interpretation
A term for the right boundary of the South China Sea
At the beginning of the 20th century, there was no official map publishing organization andexaminationMechanism, maps published publicly are all privateCompilationOf.The South China Sea discontinuous line appeared in 1914 at the latestPrivate publishingOn the map.Initially, it started from north to south, starting from the end of the Sino Vietnam land boundaryBeibu Gulf, around the South China Sea, throughTaiwan StraitAnd the East China Sea, and the long arc continuous line of the Sino Korean land boundary up to the Yellow Sea.Since then, the scope of the line has gradually expanded to the south, includingDongsha IslandandXisha Islands。In July 1933, France invaded and occupied nine small islands in Nansha（Taiping Island、Nanwei Island、Zhongye Island、Nanyaoshima、Anbo sandbar, Shuangzi Reef, etc.), the Chinese government and people from all walks of life strongly protested.The map published later expanded the southern end of the line to about 9 degrees north latitude, incorporated nine small islands into the line, and marked "nine small islands in the South China Sea" or“QiongzhouNine islands ".[3]
High definition map of Nansha - a large number of names of islands, reefs and shoals can be seen clearly
On March 22, 1935,Government of the Republic of ChinaThe 29th Water and Land Map Review CommitteeMeeting resolution: The territory map of the administrative region must be clearly drawnDongsha、Xisha、Nansha IslandsandTuansha Islands。In April 1935, the Commission published《Proceedings of the Land and Water Map Review Committee》The first issue published the Map of Islands in the South China Sea, which clearly mapped the islands in the South China Sea and marked Zengmutan (today's Zengmu Dark Sand) at a position close to 4 degrees north latitude, indicating that the Chinese government believes that the southernmost end of its territory should be at least 4 degrees north latitude.[3]
After the victory of the Anti Japanese War, the Chinese government signed the《Cairo Declaration》And signed in July 1945《Potsdam Announcement》The recovery began on October 25, 1945TaiwanLater, the Xisha Islands and Nansha Islands were officially recovered.[3]
Nine segment line
On April 14, 1947, the Ministry of the Interior, together with relevant departments, discussed the Determination and Announcement of the Scope and Sovereignty of the Southwest Sands. The results of the discussion included: (1) The territory of the South China Sea should be as far south as Zengmu Beach. Before the War of Resistance against Japan, Chinese government agencies, schools and bookstores all took this scope as the standard. The Ministry of the Interior once submitted a case, which remains unchanged.(2) The announcement of the sovereignty of the Xisha and Nansha Islands, named by the Ministry of the Interior, is attachedIllustration, PetitionNational GovernmentFor the record, the Ministry of the Interior will still inform the whole country. Before the announcement, the Commander in Chief of the Navy will settle in the islands of each archipelago as far as possible.(3) Xisha and Nansha IslandsFishing seasonInstantly, fishermen going to the islandsNavy General CommandAnd Guangdong Provincial Government to protect and provide transportation and communication facilities.[3]
In order to concretize the determined territorial scope of the South China Sea, on December 1, 1947, the Ministry of Interior of the Government of the Republic of China re examined and announced 172 names of islands in the South China Sea.The original Nansha Islands was renamedZhongsha Islands, Tuansha Islands was renamed Nansha Islands.At the same time, the "Location Map of South China Sea Islands" was published, markingDongsha, Xisha Islands, Zhongsha Islands and Nansha Islands. The topography of the South China Sea isobject of reference11 broken lines were drawn on the South China Sea.The southernmost end of the line is marked at about 4 ° north latitude.This is the U-shaped discontinuous line officially marked on the map of the South China Sea.[1][4]
Nine segment line
In February 1948, the government of the Republic of China included this map in the Administrative Region Map of the Republic of Chinapublic offering。Because the shape of the line is likeEnglish letter"U", so it is called "U-shaped line".[1]
In 1949,The People's Republic of ChinaAfter its establishment, the maps approved and published by the government were also marked with this broken line at the same location, but 11 broken lines were removed in 1953Beibu Gulf(formerly known asTokyo Bay）2 segments, changed to 9 segments of intermittent lines.In 1958, the Government of the People's Republic of China in itsterritorial watersStated in the statement of,Breadth of territorial seaIt is 12 nautical miles and declares that this provision applies to "all the territories of the People's Republic of China, including the mainland of China and its coastal islands, and Taiwan and its surrounding islands separated from the mainland and its coastal islands by the high seasPenghu Islands、Dongsha Islands, Xisha Islands, Zhongsha Islands, Nansha Islands and others belonging toChinese islands”。So far, as far as China's position is concernedlegal statusIt's already clear.[1][5]
In 1947, when the first 11 intermittent lines of the Republican government were announcedinternational societyThere is no objection to thisSoutheast AsiaThe state has never proposeddiplomatic protest。Many countries, including countries around the South China Sea andSoviet UnionThe map published by Japan, France, Germany and the United Kingdom also has 11 broken lines, indicating that they belong to China.
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But after signing《San Francisco Peace Treaty with Japan》The situation has changed.At the request of France, the United States and Britain included the treatment of the Paracels and Spratly Islands in the treaty, and agreed that France would let its allies -——Laos、CambodiaAnd Vietnam, while mainland China and ChinaTaiwanBut was not invited to the meeting.
In the 1951 draft of the San Francisco Peace Treaty with Japan, the United States and Britain deliberately omitted to mentionXisha IslandsAnd the sovereignty return of the Nansha Islands, laying the foundation for the future territorial disputes in the South China Sea.More seriously, the peace treaty only states that Japan renounces all rights over the Xisha and Nansha Islands, and does not explicitly state that it will return them to China.The San Francisco Japan Agreement has provided the newly independent Southeast Asian countries around the South China Sea with the opportunity to compete for the territory of the South China Sea, laying the foundation for the future South China Sea dispute.[1]
After 1949, the maps published by the People's Republic of China followed the "South China Sea Islands" in 1948Location Map”The discontinuous lines plotted on the top have been properly adjusted in the process of governing the South China Sea, but the overall position and trend have not changed substantially, gradually forming the ninth section of the South China SeaTaiwan IslandThe basic pattern of the east section.This line is colloquially referred to as the "nine segment line" by mainland scholars, and also called the "U-shaped line" by scholars in Taiwan and overseas.[3]
In 2009, the Chinese government submittedthe United NationsOfnoteA map of the South China Sea with broken lines is attached.[3]
Historical basis
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Nansha has entered China since the Song Dynasty
Nine segment line
Martial EmperorChina began to use the South China Sea on a large scale since the Song Dynastymaritime affairsDevelopedNansha Islandsget intoChina's territory。Yuan Claw WarDuring the Yuan Dynasty, the navy traveled far away.During the Ming and Qing Dynasties, the management level was deeper, and Chinese fishermen evenZhongye IslandSome islands built houses and wells that other countries did not have.Nansha isChinese historyLong term fishery area.World War IIAt the end, China recovered Nansha and stationed troopsTaiping Island, Zhongye IslandSandy Cay Wait and extensively patrol, including nine section linemap of ChinaInternationally recognized.
China's sovereignty, sovereign rightsJurisdictionThe proposition was formed in the process of long-term historical development.Since the Han Dynasty (200 BC), China has discovered and gradually improved the management of the South China Sea, especially the Nansha Islands and reefs, and related sea areas.More than 2000 years ago.
Only Chinese fishermen in the Qing Dynasty
The old records of British and American naval navigation reported on October 28, 2015Republic of ChinaIn the early stage, only Chinese fishermen spread all over the islands and reefs in the South China Sea and lived on some islands all the year round.
On October 28, 2015, the dusty sailing records of the British and American navies were recently unearthed, proving that Chinese fishermen not only carried out fishing activities among the islands and reefs of the Nansha IslandsSeasonalityHe fished and lived on the islands and reefs all the year round.
CanadaMing Pao 28 reported that the newspaper had recently searchedRoyal Navyas well asAmerica NavyDust laden navigation records, relevant evidence re exposed.
According to the report, British merchant ships arrived in Guangzhou in 1637.For more than 300 years, the British have left a large number of navigation records, including crossing VietnamChina SeaThe navigation records of the islands, reefs and shoals all show that only Chinese fishermen spread all over the islands and reefs in the South China Sea.
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Published in 1879British Navy《Navigation Guide to China Sea》About“Zhenghe Reef Group”And wrote in its footnote:“Hainan IslandFishermen collect sea cucumbers andTortoise shellFor a living, you can meet it on most islands.Some people have lived between islands and reefs for years.From Hainan IslandChinese sailing boatEvery year, they come to these islands and reefs to supply rice and other necessities for daily life in exchange for sea cucumbers and other items, andprofitSend it home.These Chinese sailboats leave Hainan Island in December or January and wait untilSouthwest monsoonWhen it blows, it will return immediately.The fishermen on Taiping Island live more comfortably, and the water quality of the wells on the island is better than that in other places. "
According to the Guide, there are two sandbars in the waters of Zhongye Island. "Chinese fishermen from Hainan Island" are often encountered nearby, collecting sea cucumbers, turtle shells and other aquatic products."They took water from a well in the center of a sandbar in the northeast." The report said that the Philippine fishermen were not mentioned in the Guide.
The navigation literature of the US Navy at the beginning of the last century also confirmed that Chinese fishermen lived on the "Nansha" islands and reefs all the year round.1925 US NavyHydrographic surveyPublished by《Navigation Guide in Asian Waters》He also said: "On most of the islands, people who collect sea cucumbers and tortoise shells can be foundHainan Islandfisherman.Some of them stayed between the islands and reefs for many years. "
The report quoted the secret report of the US consulate in Saigon at that time, which said that the French warshipsNansha Islands and ReefsIt is also found that Chinese fishermen live in Shanghai.
Climatic habitat is prior to non habitat
the PhilippinesOfficials have said that Chinese fishermen in the Nansha Islands travel seasonally like migratory birds and live for a very long time.
The problem is, the Spratly Islands are notthe PhilippinesFisherman's waitingHabitatIt is the waiting place for Chinese fishermen, and the right of waiting place is prior to non living place.
Some islands are perennial
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Taiping Island, Zhongye IslandBeizi IslandThere are also wells where Chinese fishermen live all the year round, and the old records of British and American naval navigation reported on October 28, 2015 prove that in the Qing Dynasty and the early Republic of China, only Chinese fishermen spread all over the islands and reefs in the South China Sea and lived on some islands all the year round.
All countries respect China's rights and interests in Nansha
NetherlandsRuling Indonesia and BritainMalaysiaAnd IndiaSpainSuccessive rule of the United Statesthe PhilippinesNone of them challenged China's rights and interests in Nansha.Therefore, it was recovered after World War IISouth China Sea IslandsIt is internationally recognized. In 1947, the Chinese government compiled and published the Location Map of Islands in the South China SeaEleven section lineIt is not a new right and is widely recognized internationally.
Jurisprudential basis
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Nine segment line
The Xisha Islands and Nansha Islands in China have been developing for more than 2000 yearsChinaUnder the jurisdiction of the People's Republic of China.stayWorld War IIDuring this period, Japanese imperialism invaded China and occupied China's Xisha Islands and Nansha Islands.In 1946, the Chinese government《Cairo Declaration》And Potsdam Proclamation, fromjapanese invaders They took back the sovereignty of the Paracel Islands and Nansha Islands.After the return of the Xisha Islands and Nansha Islands to China, the Chinese government demarcated and announced the Eleventh Segment Line in 1948.a large number ofHistory file, and maps published by various countries are clearly recorded or calibrated in this way.
The Nansha Islands include the Xisha Islands and related sea areas. In the long history, the neighboring countries did not question China's sovereignty, sovereign rights and jurisdiction, but only after the 1970s.One important reason is that abundantoil resources 。
《United Nations Convention on the Law of the Sea》It came into force in 1994.ChinaRespect for the Convention is a signatory of the Convention.The Convention entered into force in 1994. China's historical sovereignty, sovereign rights and jurisdiction over the islands and reefs in the South China Sea and related sea areas were formed over 2000 years ago. The Convention that entered into force in 1994 cannot be traced back to the past.It cannot trace back to and re divide the sovereigntySovereign rightsAt the same time, it recognizes the historical rights of countries on oceans, islands and reefs.The Convention does not apply to marine islands and reefsOwnershipAdjustment of.
China's position is consistent and clear.In resolving disputes over maritime islands and maritime delimitation,China advocatesOn the basis of respecting historical facts and international lawNegotiationsolve.In 2006, China ruled out resorting to territorial sovereignty, including disputes over islands and reefs, military activities and other activities, in accordance with the specific and special provisions of the ConventionInternational arbitrationChina has made an exclusionary statement.China has always maintained that we should resolve the issue through consultation and negotiation between the parties directly concerned with the greatest sincerity and patience.[6]
Claims and interpretations
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There are many different opinions and interpretations on the legal meaning of the "nine segment line".There are four types:[1]
Claims and interpretations
opinion
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National boundary theory
According to the national boundary line, the line delimits China's territory in the South China Sea, and the islands, reefs, beaches, sands and sea areas within the line belong toChinese territoryChina enjoys sovereignty over them;Off line areas belong to other countries orinternational waters。[1]
Water area line theory
Historic watersAccording to the line theory, it is believed that China enjoys the rights ofHistoric rightsThe whole sea area within the line is China's historic waters.[1]
Power line theory
Historic rightsLine orTraditional sea border lineSaid that the line symbolizes China's historic ownership, which includes sovereignty over all islands, reefs, beaches and sands within the line and sovereignty over all islands, reefs, beaches and sands within the lineInternal waterOuter sea area and seabednatural resourcesOfSovereign rightsWhile recognizing the navigation, overflight and laying of other countries in this sea areaSubmarine cableAnd pipes.In other words, this view, while claiming that the islands, reefs, beaches and sands within the line belong to China's territory, regards the sea areas outside the internal waters as China'sexclusive economic zoneandcontinental shelf。[1]
Island boundary theory
According to the island ownership line or island scope line, the islands within the line and the surrounding waters are part of China's territory and subject to China's jurisdiction and control.All these claims and explanations should be considered to be reasonable, not groundless.However, it is also obvious that only one of these propositions and explanations is in line with the objective reality andInternational Law of the SeaOnly such claims and interpretations can better uphold and safeguard China's rights and interests in the South China Sea, and also help to solve the South China Sea issue.[1]
The baseline map of China's territorial sea shows that the nine segment line is not a baseline
ChinaSouth China SeaThe 9 segment line was originally the 11 segment lineGovernment of the Republic of ChinaIt was surveyed and mapped in the 1930s and 1940s, and was recognized by all countries and their legitimate governments in the world at that time. All countries' maps have clearly indicated that the 11th section of the South China Sea is owned by China.It is clearly pointed out and reflected in numerous international conventions and treaties in the last century.
Vietnam, PhilippinesBruneiMalaysia and other countries claim that many islands and reefs within the nine section line are uninhabited islands and reefs, but no one is not equal to no sovereignty. As early as the end of the 19th century and the beginning of the 20th century, many Western countriesthe big powersIt started the struggle for islands and occupied many islands far away from home (Britain hasMashimaIf the islands in the South China Sea, including Xisha, Nansha, Dongsha, Zhongsha, and Zengmu Misha, were once uninhabited islands, they would be discovered and occupied by Southeast Asian countries at the end of the 19th century.In fact, the Western powers did invade and occupy the South China Sea islands in the process of expansion, but because of the protest of the Chinese government and claim that China has sovereignty over the islands,the WestTraces of Chinese fishermen's activities were indeed found on the island.
stayWorld War IIJapan once occupied the South China Sea, but after World War II《Potsdam Announcement》The return of the South China Sea, Taiwan and many other occupied Chinese territories to China also confirms once again that China has indisputable sovereignty over the South China Sea.The countries around the South China Sea first proposed to China in the 1970s because of the discovery of a large number of resources in the South China SeaTerritorial claimsThere is no legal reason for this.In the 1960s and 1970s, China, based on the relationship between comrades and brothers, fought effectively for the Vietnamese governmentImperialismAnd allow Vietnam to build on the territory of the South China SeaRadar stationetc.military installationThe 11th line is changed to the 9th line, which is the 9th line in the South China Sea.
Historic waters
The South China Sea is a traditional fishing ground for Chinese coastal fishermen, who have been fishing here for generations.Many traces of Chinese fishermen's activities are left on the islands and reefs.
Related disputes
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Nine segment line
Before and after 1947, there was no controversial expression of sovereignty on the nine segment line.And modernSea powerThe conflict of concepts has become the reason why countries around the South China Sea dispute the Nine Segment Line.
Three times between 1958 and 1973United Nations Conference on the Law of the SeaAnd defined the exclusive economic zone, continental shelfseabedResources ownership, marine scientific research, dispute arbitration and other rights and regulations.All countries, including China, have announced their own requirements for the rights and interests of the exclusive economic zone and continental shelf, as well as detailedTerritorial sea baseline。
The Socialist Republic of Vietnam's territorial watersAdjacent areaThe Declaration on the Exclusive Economic Zone and the Vietnamese Continental Shelf determines that Vietnam's territorial sea extends 12 nautical miles outward from the baseline, and its interior is Vietnam's internal water.The adjacent zone is 24 nautical miles, and the exclusive economic zone is 200 nautical miles.
Some people believe that the segment coil is not set at sea but at islands.International watersDaniel J. D zurek, a demarcation expert, said that the traditional maritime boundary line determines the sovereignty of the islands, notjurisdictional seaThe boundaries of.Therefore, the continuation line of the section cannot be considered as ChinaAlignmentThe claim of the whole sea area.Hasjin Djalal, an Indonesian diplomat, also said that the segment line has neither definition nor coordinatesLegitimacyAnd the exact location is not clear.
Because the segment line is generated earlier than the aboveinternational covenantWhen the concept of "sea power" came into being, many other scholars believe that it is not convincing to use the concept of "later generation" to limit and deny the continuous line of the first generation.Southwest University of Political Science and LawprofessorPan GuopingIt is believed that "on July 7, 1996《United Nations Convention on the Law of the Sea》Before coming into force for China, China has always insisted that the nine section line is China's presence in the South China SeaTerritorial sovereigntyThat is to say, China's historic rights in the South China Sea were formed in 1947. "
School of International Relations, Peking Universityassociate professorZhang ZhirongIt is considered that the relevant laws of the Philippines include some places more than 200 nautical miles away from the coast within its territory, which is inconsistent with《United Nations Convention on the Law of the Sea》Ofbasic principle。"For a quarter of a century after the delimitation in 1947, the neighboring countries have not raised any objections. This has produced historic sovereignty in the sense of international law." Zhang Zhirong believes that“South China Sea dispute, originated from the discovery of offshore oil and gas resources in China in the late 1960s and early 1970s. "
First, fromChronological orderIn 1982, China announced the intermittent line first《United Nations Convention on the Law of the Sea》(hereinafter referred to as "the Convention") After that, it is not practical to require the discontinuous line to conform to the Convention itself.
Secondly, the discontinuous line is to reaffirm China'sTerritorial sovereigntyAnd relatedMaritime rights and interestsIt is not because this line is drawn that we have this right.The Convention is not standardized and does not affect the territorial sovereignty of all countries. The Convention cannot be taken as the main basis for judging the legitimacy of China's claims in the South China Sea.
Nine segment line
Thirdly, the Convention itself does not exclude the rights that have been formed and continuously claimed before it, nor does it create "legitimacy" for any country to infringe and damage China's territorial sovereignty.
July 31, 2012, PhilippinesOpen bidding3 placesOil and gas fieldsThese oil and gas fields are located in the South China Sea, two of which are within China's "Nine Segment Line" and are under the jurisdiction of China.
On May 15, 2012, China launched a new version of ElectronicsOrdinary passportThe map of China containing the dark pattern of "Jiuduanxian" in the South China Sea appears in the upper left corner of page 8, with the Tiananmen pattern below.In November 2012, Vietnam and the Philippines respectively protested the inclusion of the South China Sea "Jiuduan Line" in China's maps on their inside pages, and there were several incidents in which Chinese citizens holding new passport visas or were blocked from entering Vietnam.
Foreign Ministry Spokesperson Hong Lei's remarks on the South China Sea related issues of US State Department officialsAnswer the reporter's question
On February 8, 2014, Foreign Ministry Spokesperson Hong Lei answered reporters' questions about the remarks of US State Council officials concerning the South China Sea, saying that China's maritime rights and interests in the South China Sea were formed by history and protected by international law.
A reporter asked: On February 5, 2014, the American assistantsecretary of stateRussell said at the hearing of the US Conference that China's declaration of maritime rights and interests based on the "nine segment line" is inconsistent with the principles of international law, and should make clarification or adjust its position on this.What is China's comment on this.
Hong Lei said that China's maritime rights and interests in the South China Sea were formed by history and protected by international law.For maritime disputes with relevant countries, China has always been committed to resolving them through negotiations and consultations with the parties directly concerned.At the same time, China attaches great importance to the implementation with ASEAN countries《Declaration on the Conduct of Parties in the South China Sea》And jointly safeguard peace and stability in the South China Sea.
Hong Lei said that China's above position is clear and consistent.Creating topics and exaggerating tensions will not help maintain peace and stability in Southeast Asia.Some US officials are inCongressional hearing Make relevant comments, notconstructiveact.China urges the United States to take a rational and fair attitude and play a constructive role in the peace, stability, prosperity and development of the region, rather than the opposite.
Claim for sovereignty
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Nine segment line
China Frontier History and Geography Research Center, Chinese Academy of Social SciencesDeputy DirectorLi GuoqiangAccepted on《China News Weekly 》During the interview, it was pointed out that after China officially announced the "discontinuous line" of the South China Sea border in 1948, "no country raised an objection until the 1970s. Even many countries have used this line on their maps." But why did some neighboring countries in the South China Sea begin to challenge this line after the 1970s?"I believe that the core reason why neighboring countries want to question this line is to completely deny China's sovereignty status in the South China Sea," said Li Guoqiang.
The behavior of these countries is directly related to the discovery of oil in the South China Sea."In 1968, the United NationsAsiaandfar eastAn organization affiliated to the Economic Commission carried out resource exploration on the seabed of Nansha Sea Area and provided a report, revealing that the seabed of Nansha Sea Area is rich in oil and gas resources.After the release of this report, it aroused the strong concern of neighboring countries, and the Philippine occupation in 1970 came into being. "Li Guoqiang pointed out that.
Here is a brief explanation of the impact of the United Nations Convention on the Law of the Sea onState partyThe territorial sea rights granted.Including territorial watersContiguous zone, exclusive economic zone and continental shelf.
first,Coastal stateThe breadth of the territorial sea is 12 nautical miles.It extends 12 nautical miles from here, called contiguous zone.Further outward to 200 nautical miles (including the territorial sea and the contiguous zone), it is an exclusive economic zone with the right to "explore and develop, conserve and manage the overlying waters and seabed andSubsoilOf natural resources (whether biological orAbiotic resources）Sovereign rights for the purpose, andEconomySovereign rights to development and exploration, such as the production of energy from seawater, currents and wind power ".
The continental shelf of a coastal country refers to "the continental shelf of a coastal country includes the seabed and subsoil of the submarine area beyond its territorial sea that extends to the outer edge of the continental margin in accordance with all natural extensions of its land territory".This distance is 350 nautical miles (including 200 nautical miles of exclusive economic zone).If the continental shelf is narrow, the Convention stipulates that "if the distance from the baseline measuring the breadth of the territorial sea to the outer edge of the continental margin is less than 200 nautical miles, it will be extended to 200 nautical miles".Sovereign stateThe right within its continental shelf is mainly to explore and develop natural resources.
The sovereignty claims of the countries around the South China Sea on the Nansha Islands are basically based on《United Nations Convention on the Law of the Sea》China's regulations on the 200 mile exclusive economic zone.According to this requirement, most of the Nansha Islands are within their 200 mile exclusive economic zone, and some parts overlap each other.
In this regard, Li Guoqiang believes that this "discontinuous line" in China was formed decades before the birth of the United Nations Convention on the Law of the Sea. It is a real existence, not invented by today's talents.Within the "discontinuous line", China has already established its inherent territory of sovereignty. "You cannot intrude into China's inherent territory in the future to claim your rights. You can claim the exclusive economic zone, which may be 50 nautical miles or 150 nautical miles. You should respect the territorial sovereignty of other countries.".
Significance of safeguarding rights
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The Chinese government targets the surrounding areasterritorial watersThe island and reef were invaded and occupied, and the disorder should be strengthenedSafeguarding rightsAt the same time, gradually introduce a series of specific rules in line with international general rulesPolicies and regulations, easy to defend Chinanational sovereigntyIt is operable to avoid unnecessary misunderstanding that may lead to friction and fire, better maintain the safety of international navigation in adjacent waters, promote peaceful coexistence among countries in the region, and ensure the safety and stability of maritime navigation.[7]
The Jiuduan Line is the place where ChinaSouth China SeaA name for the boundary line of sea area.New China was foundedLater, the maps approved and published by the relevant government departments also marked such aLineInstead of changing 11 broken lines into 9 broken lines.This line is usually called the traditional boundary line, because its shape is "U" shaped, so it is also called "U" shaped line.The "U" shaped line was proposed and approved by the Chinese government departments and plotted on the map officially published in China. It should be considered that it reflects a certain position of the Chinese government and can also be regarded as a claim of the Chinese government to foreign rights.Therefore, it is of great significance to correctly interpret the legal meaning of this line.
Expert interpretation
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How to see the historical position of the South China Sea Nine Section Line
Gao Shengti（Ocean University of TaiwanAssociate Professor of the Institute of Marine Law): The Jiuduan Line is called the "U-line" in Taiwan. The U-line is the so-called inherent boundary. If you want to change the territory, you must change it according to the provisions and procedures in the Constitution.In other words, it is hard for the Chinese government not to claim that the four islands in the South China Sea still belong to China's inherent territory in the future, and it is also hard to change the claim that the U-shaped line is an inherent boundary.Therefore, in the future, Taiwan will adhere to the U-shaped line of the South China Sea.First, adhere to the principle ofTerritorial sovereignty。Second, stick to the U-shaped line as the inherent boundary of China.Third, we should adhere to the principle of keeping the sea area covered by the U-shaped line in the South China SeaAdjacency areaThe exclusive economic zone and the continental shelf exercise sovereignty and jurisdiction.Fourth, adhere to the peaceful settlement of disputes.
Li Jinming（Nanyang Research Institute of Xiamen UniversityProfessor): In 1947,Government of the Republic of ChinaThe nine section line was drawn, and the location map of the islands in the South China Sea was drawn. The southernmost territory of China was set at 4 degrees north latitude, and the Zengmu Dark Sand was drawn within the boundary line.At that time, this U-shaped line or nine segment line was intended to show the international jurisdiction of China and list a boundary line.I think the Jiuduan Line should be an island belonging line.China should settle the legal status of the Jiuduan Line as soon as possible, or there will be endless consequences.Because Vietnam has alreadyLaw of the seaIt has been announced, which is very bad for China because《United Nations Convention on the Law of the Sea》It only stipulates the exclusive economic zone of 200 nautical miles, but it does not stipulate how to delimit the exclusive economic zone of 200 nautical miles.This requires relevant countries to formulate their own basic maritime laws.
How to see the relationship between the nine dash line and UNCLOS
Nine segment line
Yu Zhirong(Former State Oceanic Administration of ChinaChina Marine Surveillance East China Sea CorpsDeputy Chief): The fundamental problem of the South China Sea is the understanding of the Nine Segment Line.The nine segment line is also known as the "discontinuous boundary", and the maritime delimitation between the South China Sea and neighbouring countries should be based on this for consultation and negotiation.The value of "intermittent national boundaries" lies in the word "intermittent".Although more than 60 years ago, the government at that time could not predict that the exclusive economic zone system would be introduced in a few years.However, Chinese ancestors knew that“Solid line”And“Dotted line”The essential difference between.The "discontinuous boundary line" is a "dotted line", so it is notboundary line of territorial waters。Within the line, except for the waters around islands and reefs, it is not a territorial sea exercising sovereignty, but a jurisdictional sea exercising sovereign rights and jurisdiction.It does not hinder foreign countries from enjoying《United Nations Convention on the Law of the Sea》The freedom granted to fly over the skyFreedom of navigationAnd laying the seabedCable conduitFreedom and other rights.Therefore, the "discontinuous national boundary" has no contradiction or conflict with the current exclusive economic zone system and continental shelf system of the Convention. On the contrary, it is intrinsically linked and comes down in one continuous line, very matching and consistent.
Huaichang（China Energy Fund CommitteeAcademic member): China declared the following when it ratified the Convention on May 15, 1996Reservations"In accordance with the first paragraph of Article 2 of the Law of the People's Republic of China on the Territorial Sea and the Contiguous Zone promulgated on February 25, 1992, China has indisputable sovereignty over all the islands mentioned therein." In Nansha and Zhongsha Islands, a large number of our islands were occupied by foreign countries, and our sovereignty was violated, which gave China the right to withdraw at any time《United Nations Convention on the Law of the Sea》To protect China's right to maritime rights and interests.On the other hand, due to thesusceptibilityChina should also take full account ofworld opinionTo avoid unnecessarywar of words。
Xu Sen'an (State Oceanic Administration of Chinadevelopment strategy Senior engineer of the research institute): Someone is misleading《United Nations Convention on the Law of the Sea》According to some one-sided provisions, the nine segment line does not conform to this and thatpurposeThey are all lost.We have criticized in the past that we cannot "legislate by foreigners, and we abide by the law".As for the South China Sea Line 9, we should strive for it with the determination to fight for every inch of land.In general, the domestic legislation of the Ninth Segment Line is complete.Indonesia recognizes this line.Vietnam?Fan WentongThe government alsoFormal recognitionXisha and Nansha are Chinese.Other countries, including the United States, Britain, France and other world powers and neighboring countries have expressed or recorded their recognition of the nine segment line.Therefore, according to international law, the discontinuous boundary line isInternational recognitionHaving the force of international law.
How to see China's long-term stable marine development strategy
Yao Youzhi(OriginalMilitary Academy of SciencesDirector of the Strategy Department): The most important thing for managing the South China Sea is that we should adhere to several principles of action.
First, strengthen existence.Because the South China Sea is a place from Hainan Island to Nansha IslandsdrumsticksThe chicken leg needs strong support.
Second, implement "I" participation in development.Use the national strategic driving force toCo developmentPut it into practice.These places in the South China Sea are all treasure houses of energy. It is certain that there are many resources. We can't just watch Vietnam, the Philippines and Malaysia develop. What we say about joint development must not turn into others' development. How to implement joint development may be an urgent matter.in fact,CNOOCIt was ready for development there in the early 1990s.
Third, create opportunities, seize opportunities, and recover our land by force.
Tang Yongsheng（National Defense UniversityDeputy Director of the Institute of Strategic Studies):Core interests。Once this core interest is lost, China's sovereign integrity will be damaged.Now the United States has adjustedMiddle EastStrategy, focus on the westthe pacific oceanAnd lock China asStrategic competitionopponent.We should consider the South China Sea issue against this background.For the United StatesStrategic adjustmentBe sure to fully understand.In this process, if we do not respond properly, it is difficult for us to take the initiative in the strategic competition with the United States.If the South China SeaProblem solvingIf it is not good, it may make our whole neighborhood never peaceful.
Wang Hanling（International Law Research Center of the Chinese Academy of Social SciencesResearcher: The South China Sea has become a complex and difficult problem.We have missed many opportunities in history.What is the Jiuduan Line?Is it the maritime national boundary, frontier boundary, or the line of island ownership, or the historical water line?They haven't explained clearly.
On the South China Sea issue, the main reason why we have been passive step by step is that we first lack a long-term and stable marine development strategy.We don't know where the ocean is in the country's overall development strategy.For thousands of years, China has never produced an oceanStrategist。If China had a Mahan, China would not fall into such a situation.Mahan put forward in the 18th century that according to the strength of the United States at that time, you should seize the Pacific Oceancontrol power。Later, the President of the United States seized theGuam, captured Hawaii, dugpanama canal, built a powerful sea fleet, and made the United States today.
U.S.Aassistantsecretary of stateDaniel RussellAt the parliamentary hearing, he criticized the South China Sea nine segment line, claimed that China's declaration of rights and interests in the South China Sea based on the nine segment line was not in line with international law, and asked China to make a clear statement on the nine segment line.This is different from the "arbitration case" submitted by the Philippines to accuse the nine segment line of violating《United Nations Convention on the Law of the Sea》(hereinafter referred to as the Convention) is the same.[8]
The South China Sea nine section line is also called the South China Sea discontinuous line, the traditional sea border lineThe U-shaped lines are the U-shaped maritime boundary lines around the South China Sea, which were determined by the Chinese government in 1947 and officially announced in the next year. They are marked by a number of broken lines on the Chinese map (originally 11 lines, and in 1953 the Chinese government approved the removal of two lines in the Beibu Gulf, so they are called "Nine Duan Lines"). They constitute an important legal basis and valuable historical heritage for China's claims to the rights and interests of the South China Sea.[8]
Since the Chinese government officially published the Location Map of the South China Sea Islands marked with the above broken lines in 1948, the international community, including the coastal countries in the South China Sea, has not raised any objection for a long time, let alone any government of any countrydiplomatic representations, all default to the existence of this line, including many in the US and Europecountries and regions According to the published maps, the South China Sea area within the line is marked as China's territory.[8]
However, since the 1970s, with the development of the South China SeaOil and gas resourcesLarge-scale discovery, the signing and entry into force of the Convention, and the South China SeaGeopoliticsWith the change of the situation, the coastal countries in the South China Sea and the international community have fundamentally changed their attitudes and positions towards the Nine Segment Line for their own interests, gradually changing from the initial attitude of affirmation, recognition and acquiescence to the attitude of doubt or even denial.In particular, some countries inside and outside the South China Sea region have joined hands to promote the expansion and internationalization of the South China Sea issue. The Nine Segment Line has also become the target of the legal debate in the South China Sea. Some countries have even intensified their doubts and attacks on the Nine Segment Line, and the U.S. factor and its influence are the first to bear the brunt.[8]
Although the United States has always claimed that it does not hold a position in the South China Sea dispute, the relevant statements of a few American officials and scholars are often quite different, which can not help but be regrettable and confusing.This time, the US senior officials attacked the Jiuduan Line, which is a typical case.First of all, the Nine Segment Line came into being at least 40 years before the Convention entered into force in 1994. It would be contrary to require the former to comply with the latter, or even attempt to use the latter to deny the formerThe law is not retroactiveOfFundamental principles of international law, obviously biased.[8]
Secondly, China's rights and interests in the South China Sea islands and related sea areas are based on the first discovery, naming, jurisdiction and inclusion in the territorylegitimate right, in full compliance with and protected by international law.SlightlyHistorical knowledgeAs everyone knows, it was the Chinese people who took over the Xisha Islands and Nansha Islands that were once illegally occupied by the Japanese aggressors after the end of World War II. The Nine Segment Line was created to confirm and consolidate China's existing presence in the South China SeaLegal rights and interestsThis is an important measure taken by the Chinese people to safeguard their own territorial sovereignty and maritime rights and interests, and can stand the test of history and legal practice.It is totally groundless subjective conjecture to assert that China may expand the claim space for rights in the South China Sea based on the Nine Segment Line.[8]
The US senior official pointed his sword at the nine section line of the South China Sea this time, which is unifiedTuning valve"Solidarity" with Philippine allies;More thought-provoking is to force China to make a statement on the nine segment line. If China does what the United States wants, it will completely eliminate the concern that the nine segment line may not be conducive to the United States' maritime hegemony in the South China Sea. It can also squeeze the space for China to maintain its rights in the South China Sea after its future strength, clearing the legal obstacles for the so-called "freedom of navigation" of the United States in the South China Sea.[8]
The nine section line in the South China Sea has been developed and operated by the Chinese people in the South China Sea for thousands of years, effectively governed and even fought against foreign colonial aggressionSovereign actIt fully reflects and represents the wholeChinese nationCommon interests in the South China Sea.International law, which regulates and adjusts the relations between countries, should protect rather than damage this indisputable historical right.It is obviously against the will of the Chinese people that some countries require China to abandon the nine segment line, and it seems unrealistic to expect China to redefine the legal interpretation of the nine segment line.[8]
China has never regarded the whole South China Sea as its territorial sea, nor will it seek to turn the South China Sea into a "lake of China" as claimed by officials or scholars of individual countries. However, China's legitimate rights and interests and legitimate demands in the South China Sea must be respected and protected by all parties concerned.China is a staunch defender of peace and stability in the South China Sea and an active guarantor of freedom and safety of navigation in the South China Sea,international societyThis is obvious to all.It is hoped that some countries will not pretend to be "moral arbiters" on the South China Sea issue, let aloneSelective blindness。[8]
