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China's Exclusive Economic Zone and Continental Shelf:

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China's Exclusive Economic Zone and Continental Shelf:
Marine Policy 25 (2001) 71}81

China 's exclusive economic zone and continental shelf: developments, problems, and prospects
Zou Keyuan*
East Asian Institute, National University of Singapore, 7 Arts Link, Singapore 117571, Singapore Received 1 October 2000; accepted 29 November 2000

Abstract China promulgated its Law on the Exclusive Economic Zone and the Continental Shelf in 1998 after it had rati"ed the United Nations Convention on the Law of the Sea in 1996. By so doing, China has formally established a legal regime for its exclusive economic zone and continental shelf. However, China has much to do in implementing the above law. Domestically, it needs some detailed regulations for the implementation; and regionally China has to negotiate with its neighboring countries on the maritime boundary delimitation of the exclusive economic zone and the continental shelf. 2001 Elsevier Science Ltd. All rights reserved.
Keywords: China; Taiwan; Exclusive economic zone; Continental shelf; Maritime boundary delimitation

1. Introduction The ocean extends over 140 million square miles, some 71% of the Earth 's surface. Human society is closely bound up with the ocean: life itself arose from the sea, climate and weather, even the quality of the air people breathe, depend in great measure on an interplay of the ocean with the atmosphere. The ocean provides man with indispensable food and other important resources, and has also served as a road of communication for trade and commerce among nations as well as among continents from earliest recorded history. The 1982 United Nations Convention on the Law of the Sea (the LOS Convention) has now become a universal code to govern the ocean uses throughout the world. In accordance with the Convention, every coastal State has the right to establish its exclusive economic zone (EEZ) up to 200 nautical miles measured from the baselines of the territorial sea. In the EEZ, the coastal State enjoys sovereign rights to the



References: [1] Zou Keyuan. The establishment of a marine legal system in China. International Journal of Marine and Coastal Law 1998;13(1):24. [2] Hongye Zhao. Recent developments in the legal protection of historic shipwrecks in China. Ocean Development and International Law 1992;23:305. [3] China Ocean Agenda 21. Beijing: Ocean Press, 1996. [4] O$ce of Laws and Regulations. Collection of the Sea Laws and Regulations of the People 's Republic of China. Beijing: Ocean Press, 1991. pp. 1}4. [5] O$ce of Ocean A!airs. Bureau of Oceans and International Environmental and Scienti"c A!airs, US Department of State. Limits in the Seas, vol. 117. China: Straight Baselines Claim, July 9, 1996. pp. 11}14. [6] Green"eld J. China 's practice in the law of the sea. Oxford: Clarendon Press, 1992 [relevant Chapters]. [7] Working Paper, 14 July 1973 (reprinted in Law Department, Peking University). Collected Materials on the Law of the Sea. Beijing: People 's Daily Publishing House, 1976. pp. 74}5 (in Chinese). [8] UN O$cial Records. xiv: summary records of meetings. Third UN Conference on Law of the Sea, Geneva, 1980. pp. 23}4. [9] UN O$cial Records. xvii: summary records of meetings. Third UN Conference on the Law of the Sea, Montego Bay, 1982. p. 102. cited in [6]. [10] People 's Daily (in Chinese), 30 June 1998. An English translation may be found in Law of the Sea Bulletin, No. 38, 1998. pp. 28}31. [11] People 's Daily (in Chinese). 16 May 1996. [12] Li Zhaoxing. Explanation on the Draft Law on the Exclusive Economic Zone and the Continental Shelf of the People 's Republic of China. 23rd Session of the Standing Committee of the 8th National People 's Congress, 24 December 1996: Gazette of the Standing Committee of the National People 's Congress of the People 's Republic of China, No. 3, 1998. pp. 278}9 (in Chinese). [13] Virginia Sheng. Territorial waters statute passed. The Free China Journal (Taipei) 1998. [14] Zou Keyuan. The Chinese Traditional Maritime Boundary Line in the South China Sea and Its Legal Consequences for the Resolution of the Dispute over the Spratly Islands. International Journal of Marine and Coastal Law 1999;14(1):27}55. [15] Nguyen Hong Thao. China 's maritime moves raise neighbor 's hackles. Vietnam Law and Legal Forum 1998;21}2. [16] Zou Keyuan. International legal regime for the anadromous species in the North Paci"c. Proceedings of the Workshop on the International Fishery Laws and Regulations, Beijing: Bureau of Fishery, Ministry of Agriculture, 1995. pp. 160}7 (in Chinese). [17] Zhao Enbo. Some proposals concerning the strengthening of the management of China 's exclusive economic zone and continental shelf. Ocean Development and Management 1999;16(2):50 (in Chinese). 7. Conclusion By promulgating the EEZ/Continental Shelf Law, China has formally established the regime of the EEZ/continental shelf. It is also a signi"cant step forward in improving the marine legal system in China. Nevertheless, China has much to do in implementing the above law both at the domestic and regional levels. At the domestic level, since the EEZ/Continental Shelf Law is a general and basic law, it needs a set of more detailed regulations for its implementation. A senior legal o$cer in the Chinese State Oceanic Administration suggested that there should be at least the following regulations to supplement the EEZ/Continental Shelf Law in the future: (1) implementing Regulations of the EEZ/Continental Shelf Law; (2) regulations on the Management of Foreign Fishing; (3) regulations on the Management of Highly Migratory and Straddling Species; and (4) regulations on the Construction and Management of Arti"cial Installations at Sea [17, pp. 47}48]. In addition, improvement of the enforcement teams is also an essential element for the implementation of the EEZ/Continental Shelf Law. Z. Keyuan / Marine Policy 25 (2001) 71}81 [18] Information O$ce of the State Council of PRC. The development of China 's marine programs. Beijing Review 1998;14. [19] Zou Keyuan. Maritime jurisdiction over the vessel-source pollution in the exclusive economic zone: the chinese experience. EAI Working Paper No. 6. 1998. pp. 20}2. [20] Zou Keyuan. Implementing marine environmental protection law in China: progress, problems and prospects. Marine Policy 1999;23(3):216}7. [21] O$ce of Laws and Regulations, State Oceanic Administration, PRC. Explanations of the Regulations on the Management of Marine Scienti"c Research Involving Foreigners, Beijing, October 1996. pp. 1}31 (in Chinese). [22] Zou Keyuan. The impact of arti"cial islands/installations on the sovereignty issue over the Spratly Islands. Asian Review 1999; 49}54 (in Chinese). [23] Jung-gun Kim. Re#ections on the Attitude of North Korea toward the Law of the Sea Treaty. In: Choon-ho Park, Jae Kyu Park, editors. The law of the sea: problems from the East Asian perspective. Honolulu: The Law of the Sea Institute, University of Hawaii, 1987. pp. 227}8. [24] Law of the Sea Bulletin. 1997;(33):52}4. [25] Toshihisa Takasa. The conclusion by Japan of the United Nations Convention on the Law of the Sea (UNCLOS) and the adjustment of maritime legal regime. Japanese Annual of International Law 1996;(39):139. [26] Wang Tieya. China and the law of the sea. In: Johnston DM, Letalik NG, editors. The law of the sea and ocean industry: new opportunities and restraints. Honolulu: Law of the Sea Institute, University of Hawaii, 1984. p. 587. 81 [27] Wei-Chin Lee. Troubles under the water: Sino-Japanese con#ict of sovereignty on the continental shelf in the East China Sea. Ocean Development and International Law 18(5): 585}611. [28] Zou Keyuan. Maritime boundary delimitation in the Gulf of Tonkin. Ocean Development and International Law 1999; 30(3):235}54. [29] Charney JI. Central East Asian Maritime Boundaries and the Law of the Sea. American Journal of International Law 1995;89:724. [30] Jean-Marie Henckaerts, editor. The international status of Taiwan in the New World Order: legal and political considerations. London: Kluwer Law International, 1996. p. 273. [31] James Ling-Yang Chen. Crossing the Taiwan Strait: the danger and the opportunity. Taipei: Cross-Strait Inter#ow Prospect Foundation, 1998. p. 8. [32] Fu Kuen-Chen. Dispute over the detention of "shing vessels in the Law of the Sea perspective. Youth Daily 1989 (in Chinese). [33] Shen JT. Political and legal implications of the concept of the exclusive economic zone as applied to the Republic of China. Taipei: Cross-Strait Inter#ow Prospect Foundation, 1998. p. 30. [34] Basic Law. In: The Basic Law of the Hong Kong Special Administrative Region of the People 's Republic of China. Beijing: Law Press, 1990. p. 87. [35] Gazette of the State Council of the People 's Republic of China 1997;(23):1031 (in Chinese). [36] People 's Daily. 29 October 1998 (in Chinese). [37] United Daily News (Taipei). 1 January 1999 (in Chinese).

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