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Position Paper on ROC South China Sea Policy
Position Paper on ROC South China Sea Policy Republic of China (Taiwan) March 21, 2016 1. Preface The Nansha (Spratly) Islands, Shisha (Paracel) Islands, Chungsha (Macclesfield Bank) Islands, and Tungsha (Pratas) Islands (together known as the South China Sea Islands) were first discovered, named, and used by the ancient Chinese, and incorporated into national territory and administered by imperial Chinese governments. Whether from the perspective of history, geography, or international law, the South China Sea Islands and their surrounding waters are an inherent part of ROC territory and waters. The ROC enjoys all rights over them in accordance with international law. This is indisputable. Any claim to sovereignty over, or occupation of, these areas by other countries is illegal, irrespective of the reasons put forward or methods used, and the ROC government recognizes no such claim or occupation. With respect to international disputes regarding the South China Sea, the ROC has consistently maintained the principles of safeguarding sovereignty, shelving disputes, pursuing peace and reciprocity, and promoting joint development, and in accordance with the United Nations Charter and international law, called for consultations with other countries, participation in related dialogue and cooperative mechanisms, and peaceful 1 resolution of disputes, to jointly ensure regional peace. 2. Grounds for the ROC position History The early Chinese have been active in the South China Sea since ancient times. Historical texts and local gazetteers contain numerous references to the geographical position, geology, natural resources of the South China Sea waters and landforms, as well as the activities of the ancient Chinese in the region. The South China Sea Islands were discovered, named, used over the long term, and incorporated into national territory by the early Chinese, so even though most of the islands and reefs are uninhabited, they are not terra nullius. -
Traditions and Foreign Influences: Systems of Law in China and Japan
TRADITIONS AND FOREIGN INFLUENCES: SYSTEMS OF LAW IN CHINA AND JAPAN PERCY R. LUNEY, JR.* I INTRODUCTION By training, what I know about Chinese law comes from my study of the Japanese legal system. Japan imported several early Chinese legal codes in the seventh and eighth centuries and adapted this law to existing Japanese social and economic conditions. The Chinese Confucian philosophy and system of ethics was introduced to Japan in the fourteenth century. The Japanese and Chinese legal systems adopted Western-style legal codes to foster economic growth and international trade; and, more importantly, both have an underlying foundation of Confucian philosophy. As an outsider to the study of China, my views represent those of a comparativist commenting on his perceptions of foreign influences on the Chinese legal system. These perceptions are based on my readings about Chinese law, my professional study of Japanese law, and the presentation given by Professor Whitmore Gray ("The Soviet Background") at the 1987 Duke Conference on Chinese Civil Law. Legal reforms in China are generating much debate by Western legal scholars about the future of the Chinese legal system. After the fall of the Gang of Four, the new Chinese Government has sought to strengthen and to improve the stature of the legal system. The goal is a socialist legal system with Chinese characteristics.' The post-Mao leadership views the legal system as an essential element in the economic development process. 2 Chinese expectations are that a legal system can provide the societal stability necessary for economic Copyright © 1989 by Law and Contemporary Problems * Associate Professor, North Carolina Central University School of Law; Visiting Professor, Duke University School of Law. -
South China Sea Overview
‹ Countries South China Sea Last Updated: February 7, 2013 (Notes) full report Overview The South China Sea is a critical world trade route and a potential source of hydrocarbons, particularly natural gas, with competing claims of ownership over the sea and its resources. Stretching from Singapore and the Strait of Malacca in the southwest to the Strait of Taiwan in the northeast, the South China Sea is one of the most important trade routes in the world. The sea is rich in resources and holds significant strategic and political importance. The area includes several hundred small islands, rocks, and reefs, with the majority located in the Paracel and Spratly Island chains. Many of these islands are partially submerged land masses unsuitable for habitation and are little more than shipping hazards. For example, the total land area of the Spratly Islands encompasses less than 3 square miles. Several of the countries bordering the sea declare ownership of the islands to claim the surrounding sea and its resources. The Gulf of Thailand borders the South China Sea, and although technically not part of it, disputes surround ownership of that Gulf and its resources as well. Asia's robust economic growth boosts demand for energy in the region. The U.S. Energy Information Administration (EIA) projects total liquid fuels consumption in Asian countries outside the Organization for Economic Cooperation and Development (OECD) to rise at an annual growth rate of 2.6 percent, growing from around 20 percent of world consumption in 2008 to over 30 percent of world consumption by 2035. Similarly, non-OECD Asia natural gas consumption grows by 3.9 percent annually, from 10 percent of world gas consumption in 2008 to 19 percent by 2035. -
A Move from the Himalayas to the High Seas?
India-China conflict: A move from the Himalayas to the high seas? A risky naval blockade in the Indian Ocean is touted by some as a way to pressure China’s vital energy routes. By Dr David Brewster Last month’s clash between Indian and Chinese troops in Ladakh was the most significant conflict between the two countries since 1967. Despite signs of a partial tactical pullback in some places, there is considerable risk of further confrontations and even escalation along the disputed border. Some have been urging the Indian government to respond to China’s moves in the Himalayas by placing pressure on Beijing in the Indian Ocean. What are India’s options and how likely is it to take such actions? The Indian Ocean holds a particular place in the India-China strategic relationship. In almost every dimension, whether it be economic, nuclear or the conventional strategic balance along the Line of Actual Control in the Himalayas, India is probably at a considerable strategic disadvantage to China. Only in the Indian Ocean, which includes China’s vital energy routes from the Persian Gulf and Africa, does India have the upper hand. This has important implications for the strategy dynamic. Decades ago, prominent US Sinologist John Garver argued that in the event of a conflict between the two countries, India might be tempted to escalate from the land dimension, where it may suffer reverses, to the maritime dimension, where it enjoys substantial advantages, and employ those advantages to restrict China’s vital Indian Ocean trade. In strategic jargon, the Indian Ocean represents “interior lines” for India – where the Indian Navy is close to its own bases and logistics – and “exterior lines” for China, where its navy is operating with limited logistical support, away from home. -
Rethinking East Mediterranean Security: Powers, Allies & International Law
Touro Law Review Volume 33 Number 3 Article 10 2017 Rethinking East Mediterranean Security: Powers, Allies & International Law Sami Dogru Herbert Reginbogin Follow this and additional works at: https://digitalcommons.tourolaw.edu/lawreview Part of the International Law Commons Recommended Citation Dogru, Sami and Reginbogin, Herbert (2017) "Rethinking East Mediterranean Security: Powers, Allies & International Law," Touro Law Review: Vol. 33 : No. 3 , Article 10. Available at: https://digitalcommons.tourolaw.edu/lawreview/vol33/iss3/10 This Article is brought to you for free and open access by Digital Commons @ Touro Law Center. It has been accepted for inclusion in Touro Law Review by an authorized editor of Digital Commons @ Touro Law Center. For more information, please contact [email protected]. Dogru and Reginbogin: Rethinking East Mediterranean Security RETHINKING EAST MEDITERRANEAN SECURITY: POWERS, ALLIES & INTERNATIONAL LAW Sami Dogru * Herbert Reginbogin ** Contents Abstract I. Introduction II. Overview to Reduce Tensions in Eastern Mediterranean and Southeast Asia III. The Need for Maritime Delimitation IV. The Laws of Maritime Delimitation V. Tension Rising in the South and East China Seas VI. The Eastern Mediterranean Conundrum of Territorial Disputes VII. Reaction by the Republic of Turkey - Escalation of Tension VIII. Reaction by the Turkish Republic of Northern Cyprus (TRNC)—Escalation of Tension IX. USA, Russia, China, and Turkey’s Shift in Eastern Mediterranean Geopolitics – Rising Tensions X. Case for an Eastern Mediterranean Delimitation Program A.Relevant Area B.Configuration of the Coasts C.Proportionality D.Islands 1.Islands ‘On the Wrong Side’ 2.Island State E. Security and Navigation Factors F.Economic Factors: Joint Maritime Development Regime 1.The Characteristics of a Joint Maritime Development Regime 2.Designing a Joint Development Area 3.Maritime Joint Development Regime XI. -
China's Claim of Sovereignty Over Spratly and Paracel Islands: a Historical and Legal Perspective Teh-Kuang Chang
Case Western Reserve Journal of International Law Volume 23 | Issue 3 1991 China's Claim of Sovereignty over Spratly and Paracel Islands: A Historical and Legal Perspective Teh-Kuang Chang Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation Teh-Kuang Chang, China's Claim of Sovereignty over Spratly and Paracel Islands: A Historical and Legal Perspective, 23 Case W. Res. J. Int'l L. 399 (1991) Available at: https://scholarlycommons.law.case.edu/jil/vol23/iss3/1 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. China's Claim of Sovereignty Over Spratly and Paracel Islands: A Historical and Legal Perspective Teh-Kuang Chang* I. INTRODUCTION (Dn August 13, 1990, in Singapore, Premier Li Peng of the People's Re- public of China (the PRC) reaffirmed China's sovereignty over Xisha and Nansha Islands.1 On December. 29, 1990, in Taipei, Foreign Minis- ter Frederick Chien stated that the Nansha Islands are territory of the Republic of China.2 Both statements indicated that China's claim to sov- ereignty over the Paracel and Spratly Islands was contrary to the claims of other nations. Since China's claim of Spratly and Paracel Islands is challenged by its neighboring countries, the ownership of the islands in the South China Sea is an unsettled international dispute.3 An understanding of both * Professor of Political Science, Ball State University. -
Freedom of Navigation in the South China Sea a Practical Guide
Freedom of Navigation in the South China Sea A Practical Guide Eleanor Freund SPECIAL REPORT JUNE 2017 Belfer Center for Science and International Affairs Harvard Kennedy School 79 JFK Street Cambridge, MA 02138 www.belfercenter.org Publication design and illustrations by Andrew Facini Cover photo: United States. Central Intelligence Agency. The Spratly Islands and Paracel Islands. Scale 1:2,000,000. Washington, D.C.: Central Intelligence Agency, 1992. Copyright 2017, President and Fellows of Harvard College Printed in the United States of America Freedom of Navigation in the South China Sea A Practical Guide Eleanor Freund SPECIAL REPORT JUNE 2017 About the Author Eleanor Freund is a Research Assistant at Harvard Kennedy School’s Belfer Center for Science and International Affairs. She studies U.S. foreign policy and security issues, with a focus on U.S.-China relations. Email: [email protected] Acknowledgments The author is grateful to James Kraska, Howard S. Levie Professor of International Law at the U.S. Naval War College, and Julian Ku, Maurice A. Deane Distinguished Professor of Constitutional Law at Hofstra University School of Law, for their thoughtful comments and feedback on the text of this document. All errors or omissions are the author’s own. ii Freedom of Navigation in the South China Sea: A Practical Guide Table of Contents What is the UN Convention on the Law of the Sea (UNCLOS)? ..............1 What are maritime features? ......................................................................1 Why is the distinction between different maritime features important? .................................................................................... 4 What are the territorial sea, the contiguous zone, and the exclusive economic zone? ........................................................... 5 What maritime zones do islands, rocks, and low-tide elevations generate? ....................................................................7 What maritime zones do artificially constructed islands generate? .... -
Dual and Multiple Naming in the South China Sea: the Cases of the Pratas Islands and Scarborough Shoal
Dual and multiple naming in the South China Sea: The cases of the Pratas Islands and Scarborough Shoal Peter KANG* This paper mainly discusses the naming of islets, rocks and shoals in the South China Sea by looking at the cases of the Pratas Islands and Scarborough Shoal. The naming of places in the South China Sea has been a symbolic extension of territorial claims of the neighboring countries that have displayed great interest in the said areas. The Pratas Islands are currently under the jurisdiction of Taiwan but are claimed both by China and Taiwan. China and Taiwan name the Pratas Island as Dongsha Qundao and Tungsha Islands respectively. Both nomenclatures share the same literal meaning, “eastern sandy archipelago”, but in different Romanized spellings. Scarborough Shoal is presently under Chinese military occupation, but is claimed by China, the Philippines, and Taiwan, which named it Huangyan Dao (meaning “Yellow Rock Island”), Kulumpol ng Panatag (meaning “Panatag Shoal”), and Minzhu Reef (meaning “Democracy Reef”) respectively. The paper explores both the history of naming and the usage of nomenclatures of the aforementioned cases in the international arena. INTRODUCTION Both the Pratas Islands and Scarborough Shoal are two named geographical features in the South China Sea. The Pratas Islands are located about 310 km southeast of Hong Kong with coordinates of 20°43’ N 116°42’ E. The Islands consist of three atolls, namely, Pratas Atoll, North Vereker Atoll and South Vereker Atoll. Pratas Atoll is circular in shape, and Pratas Island is in the west of the atoll. The North Vereker Bank and South Vereker Bank are adjacent to each other and are about 74 km to the northwest of the Pratas Atoll. -
China and the South China Sea Debate: Crouching Tiger Or Hidden Dragon?
CHINA AND THE SOUTH CHINA SEA DEBATE: CROUCHING TIGER OR HIDDEN DRAGON? Lieutenant-Commander P.S. Robinson JCSP 39 PCEMI 39 Master of Defence Studies Maîtrise en études de la défense Disclaimer Avertissement Opinions expressed remain those of the author and do Les opinons exprimées n’engagent que leurs auteurs et not represent Department of National Defence or ne reflètent aucunement des politiques du Ministère de Canadian Forces policy. This paper may not be used la Défense nationale ou des Forces canadiennes. Ce without written permission. papier ne peut être reproduit sans autorisation écrite. © Her Majesty the Queen in Right of Canada, as represented by the Minister © Sa Majesté la Reine du Chef du Canada, représentée par le ministre de la of National Defence, 2013 Défense nationale, 2013. CANADIAN FORCES COLLEGE – COLLÈGE DES FORCES CANADIENNES JCSP 39 – PCEMI 39 2012 – 2013 MASTER OF DEFENCE STUDIES – MAÎTRISE EN ÉTUDES DE LA DÉFENSE CHINA AND THE SOUTH CHINA SEA DEBATE: CROUCHING TIGER OR HIDDEN DRAGON? By Lieutenant-Commander P.S. Robinson Par le Capitaine de corvette P.S. Robinson “This paper was written by a student “La présente étude a été rédigée par attending the Canadian Forces un stagiaire du Collège des Forces College in fulfillment of one of the canadiennes pour satisfaire à l'une requirements of the Course of des exigences du cours. L'étude est Studies. The paper is a scholastic un document qui se rapporte au cours document, and thus contains facts et contient donc des faits et des and opinions, which the author opinions que seul l'auteur considère alone considered appropriate and appropriés et convenables au sujet. -
Jurisdictional Waters in the Mediterranean and Black Seas
DIRECTORATE-GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT DIRECTORATE-GENERAL FOR INTERNAL POLICIES STRUCTURAL AND COHESION POLICIESB POLICY DEPARTMENT AgricultureAgriculture and Rural and Development Rural Development STRUCTURAL AND COHESION POLICIES B CultureCulture and Education and Education Role The Policy Departments are research units that provide specialised advice Fisheries to committees, inter-parliamentary delegations and other parliamentary bodies. Fisheries RegionalRegional Development Development Policy Areas TransportTransport and andTourism Tourism Agriculture and Rural Development Culture and Education Fisheries Regional Development Transport and Tourism Documents Visit the European Parliament website: http://www.europarl.europa.eu/studies PHOTO CREDIT: iStock International Inc., Photodisk, Phovoir DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT B: STRUCTURAL AND COHESION POLICIES FISHERIES JURISDICTIONAL WATERS IN THE MEDITERRANEAN AND BLACK SEAS STUDY This document has been requested by the European Parliament’s Committee on Fisheries. AUTHORS Prof. Juan Luis Suárez de Vivero TECHNICAL TEAM Mrs Inmaculada Martínez Alba Mr Juan Manuel Martín Jiménez Mrs Concepción Jiménez Sánchez ADMINISTRATOR Mr Jesús Iborra Martín Policy Department for Structural and Cohesion Policies European Parliament E-mail: [email protected] EDITORIAL ASSISTANT Mrs Virginija Kelmelyté LANGUAGE VERSIONS Original: ES Translations: DE, EN, FR, IT. ABOUT THE PUBLISHER To contact the Policy Department or subscribe to its monthly bulletin, write to [email protected] Manuscript completed in December 2009. Brussels, © European Parliament, 2009 This document is available from the following website: http://www.europarl.europa.eu/studies DISCLAIMER The opinions given in this document are the sole responsibility of the authors and do not necessarily reflect the official position of the European Parliament. -
Inter-Island Communications
SOUTH CHINA SEA MILITARY CAPABILITY SERIES A Survey of Technologies and Capabilities on China’s Military Outposts in the South China Sea INTER-ISLAND COMMUNICATIONS J. Michael Dahm INTER-ISLAND COMMUNICATIONS J. Michael Dahm Copyright © 2020 The Johns Hopkins University Applied Physics Laboratory LLC. All Rights Reserved. This study contains the best opinion of the author based on publicly available, open- source information at time of issue. It does not necessarily represent the assessments or opinions of APL sponsors. The author is responsible for all analysis and annotations of satellite images contained in this report. Satellite images are published under license from Maxar Technologies/DigitalGlobe, Inc., which retains copyrights to the original images. Satellite images in this report may not be reproduced without the express permission of JHU/APL and Maxar Technologies/DigitalGlobe, Inc. See Appendix A for notes on sources and analytic methods. NSAD-R-20-048 July 2020 Inter-Island Communicaitons Contents Introduction .................................................................................................................. 1 Troposcatter Communications, 散射通信 ..................................................................... 2 VHF/UHF and Other Line-of-Sight Communications ...................................................... 6 4G Cellular Communications ........................................................................................ 7 Airborne Communications Layer ................................................................................. -
The South China Sea – Known As the East Sea in Vietnam and the West Philippine Sea in the Philippines
0 200 miles N Xiamen Taipei it FUJIAN a CHINA tr S TAIWAN Pearl R ive n r Guangzhou a iw a GUANGDONG T R Macao Kaohsiung ed GUANGXI Hong Kong R iv er V Hanoi Zhanjiang Haiphong Pratas Is. Luzon Strait I Gulf of Tonkin Haikou Hainan E Sanya LAOS S T Paracel Woody I. Hue Islands E Da Nang Truro Shoal Luzon N Triton I. Macclesfield N Bank Scarborough Shoal I Subic Bay Manila A g SOUTH CHINA P n o k e SEA M P M Cam Ranh Bay CAMBODIA North Danger Reed Bank Bank I Phnom Penh Thitu I. Ho Chi Minh City L Itu Aba I. Phu Quy I Palawan Spratly Islands H Gulf of Con Son Spratly I. Thailand P Vanguard Louisa Bank Reef Kota Kinabalu SABAH Bandar Seri Begawan BRUNEI Natuna (Indonesia) SARAWAK MALAYSIA Kuching SINGAPORE BORNEO INDONESIA The South China Sea – known as the East Sea in Vietnam and the West Philippine Sea in the Philippines. ix x N CHINA Gulf Hainan of Lingshui Tonkin Sanya SOUTH CHINA SEA North Reef Amphitrite West Sand Tree I. Group Rocky I. V Woody I. Crescent Prattle I. Group Robert I. Drummond I. Lincoln Island I C h in Duncan I. e s E e Money I. Vuladdore Reef c la i m Discovery Reef T Da Nang li n e Passu Bombay Reef Cu Lao Cham Keah N Triton Island A Agreed boundary between China and Vietnam Equidistance line M LAOS 200 nautical miles from coasts 0 100 nautical miles China’s nine-dashed line The Paracel Islands: occupied by China, which calls them the Xisha, but claimed by Vietnam, which calls them the ‘Hoang Sa.