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Home , Amboyna Cay, Hughes Reef, Loaita Island, Macclesfield Bank, Nanshan Island, Pratas Island

37530-aop_15-3 Sheet No. 1 Side A 03/03/2016 14:10:38 8 9 ...... 39 (1) (1) HERIES MANAGEMENT ...... 36 ...... MANAGEMENT HERIES Republic of ...... China...... of Republic Kuan-Hsiung WANG* WANG* Kuan-Hsiung INA SEA ...... 24 ...... SEA INA TABLE OF CONTENTS OF TABLE THE SOUTH SOUTH SEACHINA THE People’s THROUGH RESOURCES RESOURCES FISHERIES THROUGH COOPERATION AND MANAGEMENT MANAGEMENT AND COOPERATION PEACEFUL SETTLEMENT OF DISPUTES IN 1...... () China of The Republic 2. The (IATTC) and Taiwan’s Participation Taiwan’s and (IATTC) Mechanism ...... Mechanism 30 33 ...... Sea China on South INTRODUCTION ...... 2 INTRODUCTION ...... 5 ...... CLAIMS CONTESTING A...... China 6 A.36 ...... Agreement Fisheries Taiwan- 2013 B. Tuna Commission Tropical The Inter-American A.24 Pollution...... Environmental and Development Economic B.26 ...... Issue as an International A.29 ...... Framework Instruments International B.as a Organization Management Fisheries Regional C. Case A Sea: Semi-Enclosed in the Cooperation Regional RECENT DEVELOPMENT OF THE DISPUTES ...... 16 ...... THE DISPUTES OF DEVELOPMENT RECENT THE SOUTH CH B...... 11 C. The ...... 12 D.15 ...... TAIWAN’S ROLE IN FIS from University of Bristol, in 1997. He is a professor of the Grad- the of professor is a 1997. He in Kingdom United Bristol, of University from University. Normal Taiwan National Science, Political of Institute uate

Professor * Kuan-Hsiung WANG obtained his PhD degree in International Law I. II. AOP 2015.3 Delete) (Do Not 3/3/2016 12:35 PM VII. VII. 41 ...... CONCLUSION 45 ...... OF SELECTED GLOSSARY ABBREVIATED TERMS V. V. 28 ...... OBLIGATION AN AS COOPERATION SOLUTION: IV. IV. IN MANAGEMENT RESOURCES LIVING III. VI. 37530-aop_15-3 Sheet No. 1 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 1 37530-aop_15-3 37530-aop_15-3 Sheet No. 1 Side B 03/03/2016 14:10:38 Unfortunately, 1 http://www.globalsecuri- ” ERIES S TUDIES S ore than half of the world’s annual SIAN A ABSTRACT I. INTRODUCTION Oil Shipping Lanes, South China “ ONTEMPORARY The South China Sea dispute is complicated in terms of its nature, China Sea disputeThe South terms of its nature, in is complicated promote cooperation in the South the dispute and In order to solve Sea, the , and Yellow Sea comprise The South China The South China Sea carries m The South China the sovereigntydelimitation of the , issues utili- issues, resources well as other zation as securitymatters concerning and (both traditional order to solvenon-traditional). In is one of the the dispute, cooperation realized. However, the practice has not been main considerations. and managing the author suggests that conserving China Sea region, fisheryestablished resources could be There are a as a starting point. in- international institutions, and means, of management great number which treaties and arrangements), (such as conventions, struments have protect fish stocks. Nonetheless, these been developed to policies should integrated be practiced in an the national, regional, and in- at mechanism so that the policyternational levels, accomplished. objectives could be (LME) ecosystem a large inmarine any . In other words, on other could create a serious impact ecosystem change of the marine maritimesuggests that a regional areas. This paper the and manage re-is needed in order to conserve organization could also influence other mari- Sea, which sources in the South China a it is also the purpose of this paper that such time areas. Furthermore, the solution to the dispute in the South China could contribute model Sea. 1. GlobalSecurity.org, GlobalSecurity.org, 1. ty.org/military/world/war/spratly-ship.htm. 2 C 2 AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 merchant fleet and lots of tonnage passes through the of Malacca, passes through the merchant fleet and lots of tonnage continuing on into the South Chi- Sunda, and Lombok, with the majority na Sea. Tanker traffic through the of Malacca leading into the South China Sea is than three timesmore greater than traffic, and well over five times than the Panamamore Canal. the South China Sea is also the world’s most contested maritime area, contested maritime the South China Sea is also the world’s most just the claimantand the interested parties include not the states, but also South trading nations (, , Japan, and region’s major ) and the United States. 37530-aop_15-3 Sheet No. 1 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 1 37530-aop_15-3 37530-aop_15-3 Sheet No. 2 Side A 03/03/2016 14:10:38 3 3 EA S HINA Many littoral C 3 , February 7, 2013, 2013, 7, , February OUTH 2 S ISPUTES IN THE THE IN ISPUTES D sisbriefs/South_China_Sea/south_china_sea.pdf. sisbriefs/South_China_Sea/south_china_sea.pdf. U.S. Energy Information Energy Administration Information U.S. Map 1: the South China Sea ” ETTLEMENT OF ETTLEMENT S EACEFUL South China Sea, Because of this, some of the islands and straits have considerable of the islands and straits have considerable Because of this, some the the transportation routes, marine resources are also Apart from “ http://www.eia.gov/countries/analy states have occupied islands in the area in order to claim sovereign rights area in order to claim states have occupied islands in the negotia-oil and gas, as well as gaining more for possible exploration of 2. http://asiapacific.anu.edu.au/mapsonline/base-maps/south-china-sea 190 trillion cubic feet (tcf) of nat- (bbl) of oil reserves and billion barrels are approximately 11 it Information Administration, is estimated that there Energy to the U.S. According 3. Information Administra- Energy refer to U.S. Please Sea. gas reserves in the South China ural tion, P AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 strategic importance. Exercise of ofstrategic importance. sovereign control over some these and commanding for gaining a central islands presents the opportunity Is- this reason, the Pratas , the Paracel position in the region. For groups in the important are the most lands, and the not Sea. The straits that separate these islands are important South China only would seriously disrupt interna- because restrictions upon passage a country to permits controlling them tional commerce, but also because larger areahave influence over a much on either side of the strait. and targets for those littoral states. Hydrocarbons important are the most Sea. South China the attractive non-living resources in 37530-aop_15-3 Sheet No. 2 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 2 37530-aop_15-3 37530-aop_15-3 Sheet No. 2 Side B 03/03/2016 14:10:38 ” , United Na- ” as been quoted ERIES S Please refer to Pakjuta Khemakorn, Khemakorn, refer to Pakjuta Please ” TUDIES 4 S SIAN A Pending agreement as provided for in paragraph 1, [italics added] “ ” of a practical nature and, during this transitional period, ” which is a popular term that h which is a popular term ” , both contain the term “provisional arrangements both contain the term 5 ONTEMPORARY provisional arrangements The average per capita consumption in The average per of fish East and during the “ The disputes in the South China Sea couldThe disputes in the be categorized into two then could be the joint development Under such circumstances, On the other hand,On the other are concerned, the living resources so far as the Sustainable Management of Pelagic Fisheries in the South China Sea Region, of Pelagic Fisheries in the South China Sustainable Management “ tions, November 2006, http://www.un.org/depts/los/nippon/unnff_programme _home/fellows_ 2006, http://www.un.org/depts/los/nippon/unnff_programme tions, November pages/fellows_papers/khemakorn_0607_thailand.pdf. 5. UNCLOS Article 74(3) provides the States concerned, in a spirit of understanding and cooperation, shall make everythe States concerned, in a spirit of understanding effort to enter into not to jeopardize or hamper the not to jeopardize reaching of the final agreement. Such arrangements shall be final delimitation. to the without prejudice preference for fish as a source of protein in the region. of source as a preference for fish parts: one is on the sovereignty of those island features, and the other is of those sovereignty parts: one is on the be claimed. It is understandable zones that could the maritime that the boundaries so that the be delimiting the disputes might best way to solve However, could be clearly decided. areas of sovereignty and jurisdiction not always possible. It is mainlysuch a situation is because negotiation and adoption of a on political considerations,always focused and there are no well- maritime boundary between the established laws for Although it is recognized making such boundaries. related States is principles in important of the most that an “equitable solution” is one whichmaking a boundary. have However, there are no definite elements geographical and geological factors, the coastal been decided. The on the liveli- the relative impact length, the traditional activities, considerationsthe dependency are hood, and the economic recognized in different cases. Article 74(3) and According to treated as a way to solve the disputes. 1982 Law of Article 83(3) of the Convention on the the the Sea (UNCLOS), 4. 4. of 16.3 world average This is much higher than the kg/year. 26.1 was 2000-2003 period the general as well as the food security, importance of fish in . This reflects . False kg/year. 4 C 4 AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 tion power in the future. Competition for these resources could conceiv- could resources for these Competition the future. power in tion conflicts. serious ably trigger commercial important and abundant is one of the most Sea South China and as scad and mackerel, stocks such in the world. Shared fisheries as tuna and tuna-like species such highly migratory fish, are the most commercialcommon in this region. stocks which can be a situation before the boundary applied to lines are formal- could be interpreted to “provisional arrangement” The term ly made. mean “joint cooperation and cited by the leaders of the parties in the South China Sea. However, in the and cited by the leaders of the parties 37530-aop_15-3 Sheet No. 2 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 2 37530-aop_15-3 37530-aop_15-3 Sheet No. 3 Side A 03/03/2016 14:10:38 r- e- 5 5 EA S means a gulf, ” HINA enclosed sea” - C any change in the 6 OUTH S [E]nclosed or semi-enclosed sea [E]nclosed “ ISPUTES IN THE THE IN ISPUTES D largest basin in the world. In terms of its basin largest th II. CLAIMS CONTESTING ETTLEMENT OF ETTLEMENT S EACEFUL It is not difficult to locate opportunities for joint cooperation in the joint cooperation opportunities for to locate It is not difficult and conserve fisheries re- to manage In this respect, cooperating subject to natural mechanism, Therefore, a proper management The South China Sea, with an area of more than one million nauti- Sea, with an area than one million more of The South China basin or sea surrounded by two or more States and connected ocean by a to another sea or the basin or sea surrounded by two or the territorial economic seas and exclusive or consisting entirely or primarily of narrow outlet cal square miles, is not only the largest maritime area in the Southeast area in the maritime the largest is not only cal square miles, Asian region, but is also the 26 zones of two or more coastal States. or more two zones of fishery re- policy-making effects on the fishery could have far-reaching sources in this area. no practical exercises are realized. Lack of political will might be the be will of political Lack are realized. exercises no practical might reason. on joint development exercises, Sea region. Joint South China environmental marine scientific research, resources, marine hydrocarbon date, to this end. To options are and fisheries cooperation protection resources surrounding possible hydrocarbon however, disputes in the of fishery conservation and management of in favour area and actions resources havemanage- been delayed.conservation and Nevertheless, ment of fishery in starting point for cooperation the resources could be a “spillover have this region and could areas of coope effect” into other ation. sources is especially migratory, significant because fish are and even serious migratory.are highly is a Moreover, overfishing of them some in theand pressing maritime region. In this regard, a problem boundary encroachment from b protect a state’s fishery resources cannot entirely jurisdiction, and cause fishery beyond the state’s migrate resources can overfishing beyond could also fish on the its borders have great impact stocks within its territorial boundaries. states to keep stocks at sustainable conditions, is necessary for the coastal levels. This is especially for the important the South littoral states around semi-enclosedChina Sea. Because this region is a sea, 6. UNCLOS Article 122 provides that P AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 bounded on the east by the Philippine Deep and the Pacific Ocean, on the the Pacific Ocean, on the and by Deep Philippine east the bounded on the west by south by the Indo- the Sunda Shelf and the Indian Ocean, on the . The littoral north by the on the nesian archipelago, and in clockwisestates surrounding the South China Sea, order, are Taiwan, geographic setting, the South China Sea is also a “semi geographic setting, the South China 37530-aop_15-3 Sheet No. 3 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 3 37530-aop_15-3 37530-aop_15-3 Sheet No. 3 Side B 03/03/2016 14:10:38 e- Chinese Chinese ” ’ 9 An Evaluation of the Na- An Evaluation ERIES – S 8 Chinese Yearbook of International Chinese Yearbook , pp. 25-26. 25-26. , pp. , (12 December 1975), quoted from 1975), quoted December (12 ” 9 note 7, 52. p. TUDIES S note 7 , Seoul: Seoul National University Press, teh were attached to the Paracels’ teh were attached to the Paracels’ French ‘Convention Respecting the French ‘Convention Respecting the SIAN supra supra Vol. 9 (1989), pp. 73-77; Marwyn S. Samuels, Marwyn S. Samuels, Vol. 9 (1989), pp. 73-77; A Beijing Review first ambassador to Britain, KUO Sung-tao, first ambassador Methuen: New York and London, 1982, pp. 9-50. 1982, London, York and New Methuen: 10 ’ Who Owns the Paracels and Spratlys? Paracels Who Owns the “ Disputed Islands in the South China Sea: Paracels-Spratlys-Pratas- Sea: in the South China Disputed Islands 11 China’s ONTEMPORARY South China Sea: Boundary Problems Relating to the Nansha and Hsi-and Relating to theProblems Nansha Boundary China Sea: South “ Wiesbaden: O. Harrasowitz, p. Wiesbaden: 1976, 23. note 7, pp. 76-77; Heinzig, Heinzig, 76-77; 7, pp. note Contest for the South China Sea,China South Contest for the supra East Asia and the Law of the Sea , Vol. 9 5-6; pp. (1989), East Asia and the Law of the Sea, Law of the the and East Asia ibid. CHAO, supra supra made an official statement to express the ‘b long to China. Delimitation of the Frontier between China and Tonkin,Delimitation ly Islands, but these surveys ceased after the Ching governmently Islands, but protested. on the South China Sea, as recorded in ancient Chinese litera- Sea, as recorded in ancient Chinese on the South China ture. By the time of the Eastern Han dynasties (206 Western and important South China Sea had become an B.C.-220 A.D.), the the Chinese people.navigation route for Cheng-tsu (1403-1424 A.D.) and Hsuan-tsungCheng-tsu (1403-1424 (1426-1435 A.D.), Yung-lo and Hsuan- and Crescent. two sub-groups of islands, Amphitrite ” Park, Park, Ibid.; 4. In 1883, Germany carried out surveys on the Paracel and Sprat-In 1883, out surveys carried Germany 4. 1. More than 2,000 years ago, Chinese people were already sailing 3. In 1877, 2. In order to commemorate the reigns of the two Ming Emperors, 5. According to the 1887 Sino- In their basic legal arguments, the two Chinese governments, i.e. the two Chinese arguments, the In their basic legal . A. China 8 South China Sea: Boundary Problems Relating to the Nansha and Hsisha Islands, Relating to the Nansha and Problems Boundary South China Sea: 11. sha Islands, Yearbook of International Law and Affairs, Sea, China South Contest for the 9. Dieter Heinzig, Dieter 9. Samuels, Bank, Macclesfield 10. ture and Legal Basis of the Conflicting Territorial Claims Affairs Law and Choon-ho Park, Choon-ho Park, 1983, p. 212. For the history of Chinese1983, p. people in the South China Sea, see John K. T. CHAO, “ 7. Steven K. T. YU, 6 C 6 AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 Republic of China (ROC) and the People’s Republic of China (PRC), (ROC) and the People’s Republic Republic of China because the islands in South China Sea, ground towards have similar evidence: historic they draw on the same the Philippines, Malaysia,the Philippines, Cam- , , Indonesia, , the claimants are PRC. However, and the them six of bodia, Vietnam, of sovereignty including claims claims, overlapping maritime who have They area. are Tai-maritime and overlapping land features over certain andPhilippines, Malaysia,wan, the the PRC. Brunei, Vietnam, 37530-aop_15-3 Sheet No. 3 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 3 37530-aop_15-3 37530-aop_15-3 Sheet No. 4 Side A 03/03/2016 14:10:38 7 7 Is- Con- EA 16 note 7, p. note 7, p. S , the ad- 15 supra Paracels was HINA C Who Owns the Par- Who “ Commission for inter alia OUTH S the second official patrol the second official 14 note 7, 53. p. , pp. 53-54; YU, , pp. Vol. 3 (1975), pp. 11-13; Samuels, pp. 11-13; Samuels, Vol. 3 (1975), ’ The Commission was instructed ’ The Commission Legal Status of the Paracel and Spratly Is- Status of the Paracel Legal “ ISPUTES IN THE THE IN ISPUTES D note 7, 71. p. note 7, 5-6. pp. ETTLEMENT OF ETTLEMENT S supra supra 12 ” Contest for the South China Sea, ibid. Contest for the South China Sea, supra Sea, China South Contest for the 13 , p. 6. , p. 6. ibid. recognized that the Paracel (and Spratly) (and the Paracel that recognized of part Islands were China. was launched in 1908 by a ‘Special Provincial ‘Special Provincial by a was launched in 1908 of the Area.the Management and to islands, an official reconnaissance of the to perform es- construction of houses, roads, tablish sites for the a radio sta- processing plants. Upontion, and phosphate after a return their an the Commission submitted on the Paracels, stay one-month Report recommending, Eight-Point-Program ministrative absorption and economic development of the Para- approved first by Governor-cel Islands. This Report was later General Chang then by Kwan-Hsu of , Emperor, and Chinese government in 1911 by in-finally, carried out by the the Paracels into Guangdong Province, to be admin-corporating istered by the Prefectural Authority of Island. investigate the Paracel Islands. On 22 May 1928, members of navy battleship and sailed to the Par- boarded a the commission a finalacels. Upon their return, they published titled report Paracel Archipelago: From 1921-1932, five such licenses were Paracel Archipelago: 1921-1932, From five such licenses were issued by the ROC Provincial government of Guangdong. launched in 1902 by three warships from in 1902 by three launched which its Canton fleet, bywas led Chun and Vice-Admiral LI Admiral Ching- WU they the Paracel Islands, their stay on yung. During planted im- perial flags a stone tablet to commemorate and the arrival of formal Chinese authority. tablet was discovered This 1979 by in the PRC’s North Liberation Army People stationed on the land. The Ching Dynasty’sThe Ching to the official patrol first EACEFUL Ocean Development and International Law, Development and International Ocean 9. Early in 1928, the ROC government appointed a commission to 8. The issuance and withdrawal of licenses for exploitation of the 8. 6. 7. After the Pratas incident of 1907, ” 16. YU, 16. one hundred followers, occupied and renamed it for himself. The occupation it for himself. The occupation Pratas Island and renamed occupied one hundred followers, silver dollars and Japan of 130,000 Nishizawa an indemnity paid China when ended in 1908 formally recognized Chinese sovereignty over the Pratas group. See Samuels, Samuels, 53. 15. Spratlys? acels and 13. Samuels, 13. 14. together with named Nishizawa Yoshiji, In 1907, a Japanese entrepreneur-adventurer 12. Hungdah CHIU and Choon-ho Park, Choon-ho and CHIU Hungdah 12. lands, P AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 test for the South China Sea,test for the South supra 37530-aop_15-3 Sheet No. 4 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 4 37530-aop_15-3 37530-aop_15-3 Sheet No. 4 Side B 03/03/2016 14:10:38 i- 19 n- Contempo- ” ’ According ’ According overnments’ s Sovereignty over over s Sovereignty 17 ’ ERIES S note 7, pp. 57-60. 57-60. note 7, pp. TUDIES note 19. 19. note S The Republic of China “ , No. RR-93-02, 30 April 1993, p. 2. p. 2. April 1993, RR-93-02, 30 , No. Supra SIAN A Japan “renounce[d] all right, title, and all Japan “renounce[d] In 1949, the ROC President promulgated In 23 Vol. 138, p. 38. 38. p. 138, Vol. 21 A New Scramble for the , Scramble A New Owing to its defeat in the civil war in May Owing to its defeat in the civil war 1950, “ 22 ONTEMPORARY Vol. 12 (1990), p. 22. p. (1990), Vol. 12 Reference: ROC on Taiwan ROC on Reference: In addition, an official map was released, which showedan official map In addition, ” 20 Contest for the South China Sea,China South Contest for the supra . 1. Republic of China (Taiwan) The to this Report, the whole area around the Paracels, especiallyarea around the whole to this Report, Woody investigated Island, had been thoroughly. pelago (Tiao-Cha Hsi-sha Chun-tao Hsi-sha pelago (Tiao-Cha pao-kao shu). ‘Text of the Report on the Investigation of the Paracel Arch Paracel of the the Investigation Report on of the ‘Text ROC, Government Information Office, Information Office, Government ROC, When the Spratly Islands were recovered by the ROC in 1946, the When the Spratly the were recovered by the ROC in 1946, Islands In 1948, the ROC dispatched warships to the archipelago to conduct In 1948, the ROC dispatched warships Therefore, both Chinese governments claim that the Paracel and the Paracel and that claim governments both Chinese Therefore, The ROC government was the first in the twentieth century to claim was the first in the twentieth centuryThe ROC government to claim . . Treaty Series, Nations United . Ibid . 18 22 23 20 ent.gov.tw/Default.aspx?tabid=491&itemid=36616&rmid=2355. 18. http://english.presid- Island, 2016. Taiping 28 January by President Ma on Remarks Office, ROC, Government Information 19. Asia, rary Southeast 21. Pao-Min CHANG, Pao-Min 21. the Spratly Islands, the Organizational Statutes Governing the Office of the Special Adminis- jurisdiction of the Spratlytrator of Hainan and transferred the Islands government to the Hainan Special Ad-from the Guangdong Provincial ministrative . the Pratas Islands, Macclesfield Islands within the U-shape lines. Bank, Paracel Islands, and Spratly landmarks. surveys and erect claim to the Spratly Islands, Paracel Islands, Pratas Islands, to the Spratly Islands, Paracel claim and Maccles- 17. Samuels, 17. Paracel and Spratly Islands to Taiwan. In the 1952 Treaty of Peace Island and the Hainan forces from the ROC government withdrew its of Peace Treaty1952 In the Paracel and Spratly Islands to Taiwan. between the ROC and Japan, In 1947, the ROC Ministry subsequent proposal to the ce of Interior’s 8 C 8 of the islands to the ROC Navy”tral government to “transfer jurisdiction was approved. AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 Spratly Islands have alwaysSpratly Islands entirety. to China in their belonged This atti- The occasions, although never jointly. several on tude has been shown sub-sectionsfollowing two will discuss the two Chinese g separate actions the South China Sea after 1949. concerning Guangdong Provincial government was granted jurisdictionGuangdong Provincial government over them. sovereignty over the Pratas discovery on the first Islands, and the Spratly basing its claim Islands, Islands, , the in the Western and used by the Chinese dynastyHan first century (in the Paracel BC). 37530-aop_15-3 Sheet No. 4 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 4 37530-aop_15-3 37530-aop_15-3 Sheet No. 5 Side A 03/03/2016 14:10:38 9 9 supra supra 25 ” EA S note 12, p. and has re- undisputable supra HINA 27 ‘ ” C s Republic of China, ’ OUTH S 29 Spratly Archipelago Dispute, Spratly Archipelago “ Spratly Archipelago Dispute: Is the Ques- Spratly Archipelago Vol. 18 (1994), p. 319. p. 319. (1994), Vol. 18 “ 30 ISPUTES IN THE THE IN ISPUTES D A naval contingent was sent to patrol the was sent to patrol A naval contingent the note 26, pp. 188-191. 188-191. pp. 26, note 26 Marine Policy, Republic of China ” ” the ROC government immediately protested In 1990, the Executive Yuan granted jurisdic- In 1990, the Executive Compilation of Historical Territo- Southern Archives on the supra 28 : Ministry of the Interior, 2015, pp. 130-133. 130-133. pp. 2015, Interior, Ministry of the Taipei: Legal Status of the Paracel and Spratly Islands, “ People’s ETTLEMENT OF ETTLEMENT S Although no sovereign successor sovereign no Although the in was named Peace over all the islands in the South China Sea. Although the over all the islands in the South 24 ’ 2. The Ministry of the Interior, Ministry of the Interior, Coast Guard Administration had taken over the garrison since its establishment on 28 since its establishment on 28 Administration had taken over the garrison Coast Guard EACEFUL Chinese leaders of the PRC maintain that China has Chinese leaders of the PRC maintain When, on MayWhen, on Philippine named Tomas a 15, 1956, claimed Cloma . . Collected Documents on the Foreign Relations of the People the on Collected Documents . . 28 30 29 14. of China, ries of the Republic 26. Ministry of the Interior, http://www.cga. Coast Guard Administration, Coastal Patrol Office, sq. km. See Southern 27. Itu Aba Island is 1,301 the total area is about 0.51 meters long and 419 meters wide, gov.tw/GipOpen/wSite/ct?xItem=81498&ctNode=8140&mp=9991. PRC was not invited to attend the San Francisco Peace PRC was not invited to attend the Conference in Treaty of Peace with Japan, its Foreign Minis-1951 and did not sign the that ter, ZHOU En-Lai, emphasised January 2000. 25. CHIU and Park, Park, and CHIU 25. Vol. 2 (Peking, 1961) p. 32. For discussion, see Valero, see Valero, For discussion, p. 32. 1961) Vol. 2 (Peking, tion of Sovereignty Still Relevant? tion of Sovereignty sovereignty mained there since then. mained there since tion of Tungsha (Pratas) Island and to the City Island and Taiping Island to tion of Tungsha (Pratas) on and a postal system They also established islands, the government. under system. maintained them the administrative Spratly Islands but found the Philippine had alreadySpratly Islands but left. Later a Taiwan- ese garrison was sent to Taiping (also known force of about 600 troops island in the Spratly the biggest as Itu Aba) Island, Islands, note 24, p. 319. 319. p. note 24, field Bank.” field 24. Valero, C. discussion in Gerardo M. See P AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 to the Philippine government. ownership over islands andownership in the Spratly reefs by discovery Islands and establishment declared the and subsequently occupation, of the “Free of Freedomland, Treaty, the ROC thatclaims this Treaty that the ROC is substantive proof exercised completehenceforth island groups. over these sovereignty 37530-aop_15-3 Sheet No. 5 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 5 37530-aop_15-3 37530-aop_15-3 Sheet No. 5 Side B 03/03/2016 14:10:38 to e- v- Ocean De- ” ERIES , No. 43, Straight Baselines: Straight No. 43, , S s Territorial Sea, ’ 31 Vol. 43 (1994), p. 894; Li-Yu 894; (1994), p. Vol. 43 Vol. 13 (June 1991), p. 39. p. 39. 1991), (June 13 Vol. TUDIES S . The Central People’s Go . The Central in Office of the Geographer, Bureau of Intel- Bureau the Geographer, in Office of Limits in the Seas ” SIAN A ’ would be prepared to solve the dispute be prepared to solve the ’ would , Vol. 25 (1994), pp. 431-442. 431-442. pp. (1994), Vol. 25 s Territorial Sea ’ The 1992 Chinese TerritorialThe 1992 Sea Law the UN in the Light of 32 The New Legal Regime for China The New “ “ s Republic of China on the Territorial Sea and the Contiguous the Territorial and the Contiguous Sea s Republic of China on Likewise, the PRC President YANG Shangkun Contemporary Southeast Asia, Southeast Contemporary ’ ” 33 ONTEMPORARY Domestic Changes in China Since the 4 June Incident and Their Impli- “ International and Comparative Law Quarterly, Law International and Comparative ” [T]he Paracel Archipelago Archipelago Paracel [T]he and Spratly well as as the Island, whole Spratly the Chung-sha and Archipelago, (Maccles- and Tung-shafield Bank), al- have (Pratas) archipelagos . . Chinese territoryways been ernment of the People’s Republic of China declares of China declares People’s Republic of the ernment sovereignty The inviolable herewith: the People’s R of China over Spratlypublic of archi- and the Paracel Island of irrespective be impaired, no means pelago will by draft for whether the American-British a peace treaty with anyJapan should make stipulations and of the nature of any such stipulations. Declaration on China on Declaration “ Law of the People Law of the s Republic of China, 1 July 1972. 1972. July China, 1 s Republic of ’ The legal action taken by the PRC was on February by the PRC was The legal action taken 25, 1992, when On September 4, 1958, in its Declaration on Territorial Sea, the Declaration on Territorial Sea, the 4, 1958, in its On September The PRC declaredresort to any that it would solve the to measure 25 February 1992, Article 2, see http://www.un.org/Depts/los/LEGISLATION- Article 2, see http://www.un.org/Depts/los/LEGISLATION- 1992, 25 February 31. 31. LEE, To Peter H. Pearse, WANG and Lai 33. ligence and Research, US Department of State, Department US Research, ligence and People Zone, For the analysis of the Chinese territorial ANDTREATIES/PDFFILES/CHN_1992_Law.pdf. Kim, Hyun-Soo sea law, see Convention, Law, International and velopment Asia, cations for Southeast 32. 32. 10 C 10 AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 proposed in his ASEAN (the Association of Southeast Asian Nations) should be the rival coun-trip in June 1991 that there among consultations China Sea. According exploitation of the South tries for joint economic to Yang, China ‘in due time legalise its claim. This Law provides that the Dongsha Islands (the Pratas legalise its claim. Islands), the Islands), the Xisha Islands (the Paracel (Macclesfield Bank), and the Nansha Islands (the Spratly are a Islands) part of its land territory. it adopted the ‘Law on the Territorial Sea and the Contiguous Zone’ on the Territorial Sea and the Contiguous it adopted the ‘Law PRC proclaimed the Maccles- Pratas Islands, the Paracel Islands, that the Spratly field Bank, and the Islands belonged to it. territorial issues with other littoral states in the South China Sea region. territorial issues with other littoral that it known in Singapore in 1990 LI Peng,The PRC Premier, made China was willing to shelve the sovereigntyco-operate issue and with the to develop the resources around concerned countries in Southeast Asia the Spratly Islands. 37530-aop_15-3 Sheet No. 5 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 5 37530-aop_15-3 37530-aop_15-3 Sheet No. 6 Side A 03/03/2016 14:10:38 n- 11 11 Ocean Ocean EA ” S Proclama- 39 HINA C In May 1983, 36 OUTH S Since November 1986, Since November 37 and Exclusive Economic 40 London: Longman, p. 1982, 126. London: Longman, ISPUTES IN THE THE IN ISPUTES D The next year,Kuala maps published by 41 28 September 1983, pp. 40-41. 40-41. pp. 1983, September 28 35 38 Border and Territorial Disputes, Border and Boundary and Resources Disputes in the South ChinaResources Boundary and Sea, “ ETTLEMENT OF ETTLEMENT 29 June 1988, p. 11. p. 11. 1988, June 29 (9 June 1991) p. 6. p. 1991) June (9 S 1983 claiming that whilst “the Malaysian Government has that whilst “the Malaysian Government 1983 claiming Vol. 5 (1985), p. 260. p. 260. (1985), Vol. 5 EACEFUL 34 The PRC currentlyThe PRC and the fol-whole Paracel Islands occupies the Malaysia did not claim anyMalaysia did not claim of the Spratly section until 1978, Islands The legal grounds for Malaysia to claim those islands based are on Malaysia considers those islands as a part of its territory. This atti- . Straits Times Straits . . Review, Economic Eastern Far Times, Straits . B. Malaysia 34 37 38 lowing maritime features in the Spratlys: , Gaven Reef, Reef, Gaven in the Spratlys: Cuarteron features lowing maritime FieryReef, Johnson Reef, Reef, Hughes McKennan Mis- Cross Reef, andchief Reef, . Lumpur showed the east coast of the Malaysi- the continental shelves off andan peninsula, , as well as the boundary the enclosing Reef, Cay, Commodore Amboyna and . Zone Act of 1984, Act No. 311. over the islands ‘through friendly ‘through the islands over cou the other with consultations tries.’ P AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 Kuala Lumpur, for the first time, landed for the first time, Kuala Lumpur, on thetroops and Swallow Reef there. of soldiers has since maintained a platoon tion of the Economic Zone of 25 April 1978, tion of the Economic Zone of 25 April two more platoons have been dispatched, one to Mariveles Reef and an- platoons have been two more other to Dallas Reef. when a senior Malaysian visited official and claimed a number of islands of the Spratlys,in the southern region Cay, Commo- Amboyna including dore Reef, and Swallow Reef. the following actions: Act of 28 Julythe following actions: Continental Shelf 1966, 1972, see http://www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDFFILES/MYS_ 39. 83 of by Act No. Amended as Continental Shelf Act l966- Act No. 57 of 28 July l966, 1966_Act.pdf. 1978, Proclamation of the Economic Zone of 25 April see http://www.un.org/ 40. Depts/los/LEGISLATIONANDTREATIES/PDFFILES/MYS_1978_Proclamation.pdf. for and to provide shelf of Malaysia of the continental aspects certain and sive economic zone 41. Act pertaining to the exclu- 311 - An No. Act Act, 1984, Zone Exclusive Economic and shelf of activities in the the continental for matters connectedthe regulations zone and on http://www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDFFILES/ see therewith, _1984_Act.pdf. MYS Yearbook, Yearbook, 36. Day, ed., J. Alan tude can be seen in its document defending its action in garrisoning Ministry issued a statement on Swallow Reef. The Malaysian Foreign 9, September 35. D. J. Dzurek, Dzurek, J. D. 35. 37530-aop_15-3 Sheet No. 6 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 6 37530-aop_15-3 37530-aop_15-3 Sheet No. 6 Side B 03/03/2016 14:10:38 t- e- 43 In The 47 because, in land since e “Archipelago is Cloma’s view terra nullius Moreover, accord- Moreover, 42 ERIES , University of Kent at Can- University of Kent , S pp. 81-82. 81-82. pp. terra nullius , ’” the Swallow Reef “has Reef “has Swallow ’” the Tomas Cloma, the owner , 45 note 7 TUDIES ’ because those islands are ou S , note 42, pp. 67-70. 67-70. pp. 42, note The Maritime Political Boundaries of theThe Maritime Political SIAN supra supra , A 25 February 1988, cited from 1988, R. Haller-Trost, 25 February s statement in 1988 after the armed conflict between between conflict armed s statement the in 1988 after ’ He emphasised that the claim was based He emphasised that the claim was 46 The Spratly Islands ONTEMPORARY New Straits Times, , p. 82. 82. , p. Contest for the South China Sea,China South Contest for the supra ibid. res nullius naturaliter fit primi occupantis till 1956 when a Philippine fisherman Philippine till 1956 when a and navigator, Tomas 44 London & New York: Methuen, 1985, p. 222. p. 222. 1985, York: Methuen, New & London The Philippine government claim to sovereigntyThe Philippine government the Spratly over Is- Malaysia occupies , Commodore Reef, and Swallow Reef, and Swallow Cay, Commodore Malaysia occupies Amboyna C. The Philippines ways been ways been of and is part territorythe of Malaysia.” 45. Islands were From the Philippine point of view, the Spratly 44. Cf. Haller-Trost, Cf. 44. recip- to the islands, but did not specify renounced its rights Japan only Treaty, the 1951 Peace Samuels, ients of the abandoned title. 46. 47. Samuels, 47. on the occupation of those islands.on the On JulyCloma declared 6, 1956, the Fre ‘Free Territoryestablishment of for the of a separate government on ‘rights of discovery and/or occupation the jurisdiction of anyside Philippine waters and not within country. Foreign Ministry be seen from Malaysian 42. Statement of the September 9 Malaysian Foreign Ministry, 1983. Similar attitude can the PRC and Vietnam. the PRC and Vietnam. 12 C 12 AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 Spratly Islands: A Study on the Limitations of International Law Limitations on the Spratly Islands: A Study terbury, Centre of South-East Asian Studies, Occasional Paper No. 14, of Asian Studies, Occasional South-East Kent: University terbury, Centre of p. 65. Kent, 1990, the Philippines authorities. See J. R. V. Prescott, 43. it is believedAlthough that were destroyed by these monuments on Commodore Reef World, lands is based on occupation, which has been one of the important meth- the important occupation, which has been one of lands is based on ods to seize sovereignty piece of on a particular of a fishing fleet and the Philippine Maritime Institute, set out with his Maritime of a fishing fleet and the Philippine brother and a crew of forty to take men formal possession of some of the Spratly Islands on 1956. They May 11, the Philippine flag on vari-raised islands of the Spratlys, of them being the major ous islands, most includ- A Yit Island, and Thi Tu Island. Island, Nam ing , Taiping few days he proclaimed their new later, possession as th of Freedomland (Kalayaan).” of Freedomland other words, the nineteenth century. The Philippines considered the archipelago as a considered the nineteenth century. The Philippines terra nullius of the archipelago. Cloma, claimed discovery al no claim ‘Spratly over the whatsoever no claim Islands ing to the Malaysianing to the and of 1966, those islands Shelf Act Continental continental located within the reefs are of Sabah,shelf thus, Malaysia’s of geography. matter them are a simple rights to To reinforce such Commodore reefs. Louisa and claims, Malaysia obelisks on the erected Reef. 37530-aop_15-3 Sheet No. 6 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 6 37530-aop_15-3 37530-aop_15-3 Sheet No. 7 Side A 03/03/2016 14:10:38 49 13 13 Chair- EA u- S HINA proximi- C OUTH S , some of them being , some of these groups of is- res nullius ISPUTES IN THE THE IN ISPUTES asa Island, and with himself as ‘ as with himself and asa Island, D 48 - ’ trusteeship of the victorious Allied Powers Powers trusteeship of the victorious Allied geographical location ETTLEMENT OF ETTLEMENT S de facto . 82-83. ., pp. ’ with a capital at Pag a capital ’ with to the western territorial boundaries of the Philippines, their to the western territorial boundaries Ibid Ibid EACEFUL President Garcia announced the Philippine government’s Garcia announced President position: concerned, it is Affairs of Foreign Insofar as the Department cays islands,regards the , and sand islets, coral reefs, within what you call ‘Freedomland’,the excl comprised with to the seven-islandsion of those belonging group known inter- Spratlys,nationally as the as newly-risen, marked on others as uncharted maps international being unoccupied doubtful, and all of them and their existence which and uninhabited; in other words, that theymeans, are by and settlement exploitation Filipino na-open to economic as muchhave right under internationaltionals, who law as na- so long country to carry on such activities, tionals of any other as the exclusive sovereignty any of country over them has not the generally accepted been established in accordance with principles of international law, or recognised by the interna- tional community of nations. As regards the seven-island group known internationally as considers these islands government the Spratlys, the Philippine under the asof the Second World War, a result of the Japanese Peace on September and concluded in San Francisco Treaty, signed claim title and rights, all its 8, 1951, whereby Japan renounced Islands, and there be-to the Spratly Islands and to the Paracel ing no territorial settlement made by the Allied Powers, up to It follows, there-the present with respect to their disposition. fore, that as long as this group of islands remain in that status, by exploitation and settlement it is equallyopen to economic nationals or any of the Allied members Powers on the basis of equality thereto. In view of the lands and islets embraced within ‘Freedomland’, their their lands and islets embraced within ‘Freedomland’, ty historical and geological to the Philippine archipela- relations our national defence and go, their immense strategic value to potential which is admit-security, their economic aside from tedly considerable in fishing, coral and sea products, and in In response to Cloma’s proclamation, in December 1956, Filipino 1956, Filipino in December to Cloma’s proclamation, In response man, Supreme Council of State.man, Supreme domland, 48. 48. 49. P AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 Vice- 37530-aop_15-3 Sheet No. 7 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 7 37530-aop_15-3 37530-aop_15-3 Sheet No. 7 Side B 03/03/2016 14:10:38 50 The ’ the ’ the , Vol. 12 Vol. 12 Honolulu, Honolulu, Oil Interests and the Law “ ERIES S in Theresa C. Carino, ed., ed., in Theresa C. Carino, ” -island group known inter--island group known (10 July 1971), p. 10; Jorge R. Co- (10 July 1971), p. note 7, 89. p. TUDIES note 7, p. 179. p. 179. note 7, S Manila, the Philippines: Philippine-China trusteeship on behalf of the supra , sent a diplomatic note to Taipei de- SIAN 52 A Ocean Development and International Law, International and Development Ocean New Philippines de facto ” ” A Diplomatic History of the Philippine Republic, History of the Philippine A Diplomatic ONTEMPORARY on the assumption that the status of the Spratly that the status on the assumption Islands 53 Contest for the South China Sea,China South Contest for the supra consequence of the occupation by Tomas Cloma; by Tomas consequence of the occupation Island) constituted a serious threat to the security of the Philippines; group constituted East Asia and the Law of the Sea Law of the the and East Asia Obviously, for Garcia’s announcement is a tactful arrangement 1. The Philippines has a legal title to the island group as a 2. presence The in Ituof the Chinese forces Aba (Taiping 3. islands in the Spratly The Chinese occupation of some Government States Position, Government 51 “ res nullius Philippine Position on the South China Sea Issues, Sea South China Position on the Philippine On July1971, the Philippine government, 10, claiming that an un- rock phosphate, assuredly phosphate, rock Philippinethe does not government and settle- exploitation economic indifference the regard with groups of islands and unoccupied these uninhabited ment of byand islets they so long as Philippine nationals are engaged pursuits. [emphasis of their legitimate in furtherance added] Cloma’s in dealing with an equivocal position took The Philippines “ 53. 53. any further claim in the future.any further claim Philippine vessel operating in the Spratly Islands had been fired armed naval patrolunit, upon by an ROC 51. Milton Watler Meyer, Watler Milton 51. Samuels, 44. pp. 41, (1982), 52. 50. Park, Park, 50. quia, which creates the ‘natural prolongation’ principle, is simply unhelpful to is simply principle, ‘natural prolongation’ which creates the it the Philippines if wants to claim its the Spratly jurisdiction over Is- of ‘occupation’ and ‘proximity lands. Thus, based on the theories 14 C 14 AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 manding the withdrawal of a Chinese garrison from Taiping Island on Taiping Island withdrawalmanding the of a Chinese garrison from the grounds that: proclamation. In order to possible confrontation with other avoid any proclamation. Garcia combined ‘the seven concerned states, nationally as the Spratlys’ with ‘Freedomland’ that they imply in order to were is understandable if we attempt The Philippine was still undetermined. its geographicalexamine virtually situation. The Philippines has no phys- along its western coast. The 200-meterical continental shelf isobath line veryon the southeast running close alongLuzon islands, and South China Sea Disputes: Philippine Perspectives, Disputes: Philippine South China Sea 53. p. 1992, Studies, for China Philippine Association Center and Resource Development of the Sea: the Case of the Philippines, Hawaii: University of Hawaii Press, 1965, p. 198; Diane p. 198; Drigot, 1965, C. of Hawaii Press, University Hawaii: Philippine government could be better placed to claim control over thosePhilippine government could be better islands. 37530-aop_15-3 Sheet No. 7 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 7 37530-aop_15-3 37530-aop_15-3 Sheet No. 8 Side A 03/03/2016 14:10:38 15 15 EA S note 12, 9. p. HINA supra supra C ” note 43, p. 218. 218. p. 43, note 55 , No. 70 (2009), p. 32 p. 32 70 (2009), , No. OUTH S s National Interests and the Law s National Interests and the Law ’ Vol. 25 (1994), p. 217. 217. p. (1994), Vol. 25 Vietnam “ Law of the Sea Bulletin Law This was followed by two more de-was followed by two more This ISPUTES IN THE THE IN ISPUTES Given this geographical location, it is Given this geographical location, it is 58 D 57 Manila still maintains a runway on the a runway on the Manila still maintains 56 In addition, the Philippines also declared its ar-Philippines also addition, the In 54 Legal Status of the Paracel and Spratly Islands, Spratly and Paracel of the Legal Status “ ETTLEMENT OF ETTLEMENT S The Maritime Political Boundaries of the World, Political Boundaries of the The Maritime supra World War II allies which precluded the garrisoning of garrisoning the which precluded allies War II World consent; without the allies’ the islands the Philippines. claimed by Ocean Development and International Law, International and Development Ocean 4. The Spratly territory the archipelagic group is within In order to counter ’s claim, the government of the government claim, In order to counter South Vietnam’s ” 59 EACEFUL This was the first timeThis was an official Philippines articulated that the declared Presi-Ferdinand E. Marcos 1978, President On June 11, Vietnam is situated on the eastern coast of the Indochina Peninsula, Manila has seven Spratly islands under its control: Flat Island, SpratlyManila has seven islands . Ibid. . D. Vietnam 59 chipelagic baselines bychipelagic baselines its relevant legislation. amending Thi Tu Island. 1978 establishing an Exclusive of 11 June other purposes, and for see http://www.un.org/Depts/los/LEGISLATION- No. 1599 Philippine Presidential Decree Economic Zone 54. ANDTREATIES/PDFFILES/PHL_1978_Decree.pdf. Base- the Archipelagic to Define 5446, No. Republic Act as Amended by lic Act No. 3046, 55. An Act to Amend Certain Provisions of Repub-For example, Republic Act No. 9522: Purposes. Other for and lines of the Philippines, P AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 claim to part of the Spratly Islands. to part of the Spratly claim a distinct 1599, which enclosed an area constituting dential Decree No. of Palawan Province of the and separate municipality and which was to be known as Kalayaan. and has a 2,828 nm of coastline. Lankiam Cay, , , , Thi Tu Northeast Cay, Thi Tu Nanshan Island, Cay, Loaita Island, Lankiam York Island. Island, and West the Democratic Republic of Vietnam () supported the (North Vietnam) Republic of Vietnam the Democratic PRC’sto the Spratly Islands. claim occasion of the PRC’s Also on the declaration on territorial sea in 1958, the then PrimeVan Minister Pham easy to understand why Vietnam is eager to extend its claim on theeasy vast is eager to understand why Vietnam maritime waters in the South China Sea. On October the Re- 21, 1956, the Spratlys assigned to Phuoc Tuy (South Vietnam) public of Vietnam Province by Decree No. 143/NV. crees, No. 76/BNV/HC 9 27 ND of 21 March 1958 and No. 34/NV of January 1959, wherebythe 1956 decree was either reconfirmed or ad- justed. 58. Park, CHIU and of the Sea, 57. Dyke, Van M. Valencia and Jon Mark J. 56. Prescott, 56. 37530-aop_15-3 Sheet No. 8 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 8 37530-aop_15-3 37530-aop_15-3 Sheet No. 8 Side B 03/03/2016 14:10:38 Vol. Vol. The Spratly Spratly The The Philippines 63 p. 212. p. 212. , ERIES S Asia Pacific Community, note 7 ” ’ which listed nineteen ’ which listed nineteen -dash line. TUDIES S This statement by the North Viet- North by the statement This SIAN 60 A 62 Sino-Vietnam , Territorial Sino-Vietnam “ ONTEMPORARY East Asia and the Law of the Sea, Law of the the Asia and East supra 61 , No. 2/74, South Vietnamese Embassy, Washington, D.C., 28 January January D.C., 28 Embassy, Washington, Vietnamese 2/74, South No. , note 42, pp. 50-51. 50-51. pp. 42, note From time immemorial, these islands have been frequented immemorial, these islands have From time sea by Vietnamese fisherman who went there for tortoises, slugs, and other marine creatures . . . the Spratlys are clos- been part of her ter-est to Vietnam geographically and have ritory reign of Emperor1834, under the In early in history. the Spratlysappeared in the first Vietnamese Minh Mang, part of the national territory.map as an integral The Vietnamese attitude to the Paracel and the the Paracel and the attitude to The Vietnamese island groups Spratly Vietnam currently occupies at least 29 maritime features in the features in the 29 currently maritime occupies at least Vietnam On January 22, 2013, the PhilippinesOn January initiated a Notification and In order to strengthen its position, on SeptemberIn order to strengthen Viet- 28, 1979, the . Fact Sheet Fact . III. OF RECENT DEVELOPMENT DISPUTES THE 61 argue that the Chinese claims within the nine-dash within argue that the Chinese claims line are contrary to the provisions of the UNCLOS. Under such reasoning, what China occu- namese government seriously government namese sov- on its claim of its position weakened over the Spratlyereignty Islands. immemorial’is that they of their territory. been part time have ‘from They argue that: 60. Haller-Trost, the See ally of North Vietnam. then a strong was The PRC 16 C 16 AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 Spratly Islands. Statement of Claim at the Tribunal for the Law of the SeaInternational (ITLOS), seeking to invalidate China’s nine Dong again repeated this attitude. again repeated Dong namese government released a White Book, ‘Vietnam’s Sovereignty Book, ‘Vietnam’s government released a White namese Over Hoang Sa Sa Archipelagos,and Truong of official records, evidence, including items decrees,maps, administra- made by the former Frenchtive decisions, and statements colonial gov- it statedgovernment. Furthermore, Vietnamese the South and ernment survey,claim occupy, explore, that Vietnam was the first country to and sovereignty over those islands. 1974. Cited from Park, Park, from 1974. Cited Islands,CHANG, supra Pao-Min 62. 28 (1985), pp. 74-87. 28 (1985), Republic of the Philippines Department of Foreign Affairs, Notification and State- Available at in- 22, 2013). 63. https://www.dfa.gov.ph/ ment of Claim, No. 13-0211 (January dex.php/2013-06-27-21-50-36/unclos/216-sfa-statement-on-the-unclos-arbitral-proceedings- against-china. 37530-aop_15-3 Sheet No. 8 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 8 37530-aop_15-3 37530-aop_15-3 Sheet No. 9 Side A 03/03/2016 14:10:38 n- 17 17 EA S HINA C 64 OUTH S , April 27, 2013, http://china.org.cn/ , April 27, 2013, , August 27, 2013, , August 27, 2013, http://www.pca-cpa. The Philippines filed a memorial on The Philippines filed a memorial ISPUTES IN THE THE IN ISPUTES 65 China.org.cn D Arbitration between the Republic of the Philippines Arbitration Memorial responding to the Philippines’ Memorial “ ” s Republic of China, June 3, 2014. http://www.pca-s Republic of China, June ’ the admissibility of the Philippines’ claim, as claim, of the Philippines’ the admissibility ETTLEMENT OF ETTLEMENT S Permanent Court of Arbitration Court Permanent s Republic of China: Arbitral Tribunal Establishes Rules of Procedure and Ini- Arbitral Tribunal Establishes Rules of Procedure China: s Republic of China obviously refused because it argues that the arbitra- ” ’ 66 Beijing rejects Manila move, Beijing rejects “ EACEFUL China rejects the Notification filed by the Philippines. Their reasonby the Philippines. filed the Notification China rejects On August 27, 2013, the Tribunal of Arbitration issued its first Pro-Tribunal the On August 27, 2013, tial Timetable, cpa.org/showfile.asp?fil_id=2638. pies in the Southpies mere rocks are just China Sea structures and Chinese on argue addition, the Philippines In are illegal. features those submerged maritimethat China’s an u actions would constitute law enforcement in its sector resources rights to exploit with Manila’s lawful interference China Sea. of the South byis that a declaration made of in 2006, pursuant to Article 298 China as those disputes regarding such matters the Convention, excluded relat- delimitationed to maritime dispute settlement proce- from compulsory Moreover, Chinese analystsdures, including arbitration. believe Manila’s of a tribunal of arbitration not only for the establishment effort to push but is also politicallyabuses the UNCLOS, motivated. world/2013-04/27/content_28674405.htm. world/2013-04/27/content_28674405.htm. and the People 65. Permanent Court of Arbitration, org/showfile.asp?fil_id=2311. the Philippines and the People 66. the Republic of between Permanent Court of Arbitration, Press Release on Arbitration 64. 64. P AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 tion matters raised by under the comprehensionare the Philippines of the Declaration filed by Article China in 2006 in accordance with mainland 298 of the UNCLOS, which de- excludes maritime disputes concerning from compulsorylimitation arbitration and other compulsory dispute set- procedures. tlement cedural Order, establishing an initial timetable for the arbitration and an initial timetable cedural Order, establishing adopting Procedural Order, the Tribu-the Rules of Procedure. In the first of Procedure adopted the Rules formally nal of Arbitration and fixed its the Philippines should submit March 30, 2014 as the date on which to fully The Tribunal of Arbitration directs the Philippines Memorial. relating to the jurisdiction of the address all issues, including matters Tribunal of Arbitration, well as the merits of the dispute. Memorial. March 30, 2014 with the Permanent Court of Arbitration. The Arbitral Court of Arbitration. The Permanent 2014 with the March 30, estab- Order on June 3, 2014 Tribunal then issued its second Procedural lishing the next steps in the timetable Procedural for the arbitration. In DecemberOrder No. 2, the Arbitral Tribunal fixed 15, 2014 as the date its Counter-for China to submit 37530-aop_15-3 Sheet No. 9 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 9 37530-aop_15-3 37530-aop_15-3 Sheet No. 9 Side B 03/03/2016 14:10:38 ERIES S TUDIES S SIAN A ” with respect to the maritime” with respect to areas , dash line” are contrary to the Convention and dash line” are contrary and to the Convention - ONTEMPORARY a’s claims to and jurisdiction, and sovereign rights to “historic rights China’s maritime entitlements in the South China Sea, in the South entitlements China’s maritime extend beyond not may of the Philippines, like those Convention on those permitted Nations by the United (“UNCLOS” or the “Convention”); the Law of the Sea without lawful effect to the extent that they effect to the without lawful exceed the of China’s limits geographic and substantive maritime UNCLOS; under entitlements shelf;clusive economic zone or continental entitlement do not generate are low-tide elevations that zone or conti-to a territorial sea, exclusive economic that are capable nental shelf, and are not features of appropriation by occupation or otherwise; the exclusive continental shelf economic zone and of the Philippines; not generate enti- Reef) are low-tide elevations that do zone or territorial sea, to a exclusive economic tlement continental shelf, but their low-water line be usedmay which the baseline from of the breadth to determine and Sin Cowe, respective-the territorial sea of Namyit ly, is measured; zone economic generate no entitlement to an exclusive or continental shelf; and exercise Philippines of the sovereign rights of the with respect to the living and non-living resources of shelf; zone and continental its exclusive economic of the South China Sea encompassed by Sea encompassed of the South China the so-called “nine 1) 2) Chin 3) to an ex- generates no entitlement Scarborough 4) , and Subi Reef 5) part of Mischief Reef and Second Thomas Shoal are 6) (including Hughes Gaven Reef and McKennan Reef 7) Johnson Reef, Cuarteron and FieryReef Cross Reef 8) with the enjoyment China has unlawfully interfered 67 After the first hearing on July hearing the first After issued Tribunal the Arbitral 7, 2015, lowing: http:// on Jurisdiction and Admissibility, Award Permanent Court of Arbitration, 67. www.pcacases.com/web/sendAttach/1506. 18 C 18 AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 its award on jurisdiction and admissibility on October on and admissibility on jurisdiction its award The 29, 2015. requesting made 15 Submissions Philippines find the fol- the Tribunal to 37530-aop_15-3 Sheet No. 9 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 9 37530-aop_15-3 37530-aop_15-3 Sheet No. 10 Side A 03/03/2016 14:10:38 19 19 EA s- a- S HINA C OUTH S ISPUTES IN THE THE IN ISPUTES D ing artificial islands, installations and structures;ing artificial islands, violate China’s preserve the duties to protect and under the Convention; andmarine environment the Convention;tion in violation of tion in the waters at, and adjacent to, Second waters at, and adjacent tion in the Thomas Shoal; Shoal;personnel stationed at Second Thomas and Thomas Shoal; pine personnel stationed at Second and interfering with the Philippines’ rights of navig interfering with the Philippines’ rights ETTLEMENT OF ETTLEMENT S (a) the provisions violate of the Convention concern- (b) (c) appropria- unlawful acts of attempted constitute (b) the rotation and resupply preventing Philippine of (c)the health and well-being endangering of Philip- (a) chief Reef: vessels from exploiting the living resources in the ex- the living resources exploiting vessels from Philippines; zone of the clusive economic tra- with interfering by pursuing their livelihoods from ; activities at ditional fishing at the marine environment and preserve tion to protect Shoal; and Second Thomas Scarborough Shoal China’s and construction activities on Mi occupation tion by operating its law enforcement vessels in a dan- law enforcement operating its tion by causing serious risk gerous of collision to manner vicinity of Scar- Philippine vessels navigating in the borough Shoal; and extended 2013, China has unlawfully aggravated other things: the dispute by, among tivities. 9) has unlawfully China to prevent failed and its nationals 10)unlawfully China has fishermen Philippine prevented 11) obligations under the Conven- China has violated its 12) 13) obligations under the Conven- China has breached its 14) Since the commencement of this arbitration in January 15) and ac- unlawful claims further China shall desist from EACEFUL The Arbitral Tribunal found jurisdiction to consider the that it had P AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 Philippines’ Submissions No. 3, 4, 6, 7, 10, 11, and 13. However, the Submissions No. 3, 4, 6, Philippines’ Tribunal reserved consideration of its jurisdiction to rule on Submissions phase. InNo. 1, 2, 5, 8, 9, 12, and 14 to the merits addition, it also di- rected the Philippines to clarify and narrow the scope of its the content 37530-aop_15-3 Sheet No. 10 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 10 37530-aop_15-3 37530-aop_15-3 Sheet No. 10 Side B 03/03/2016 14:10:38 The This This ” Foreign Foreign 72 ” , 30 November 2015, 2015, , 30 November ” The Tribunal Commences The Tribunal ERIES “ S TUDIES S SIAN sustain[able] human habitation. sustain[able] 68 A ONTEMPORARY Analyzing the US-Philippines Enhanced Defense Cooperation Agree- Cooperation Enhanced Defense Analyzing the US-Philippines The Tribunal Concludes Hearing on the Merits Hearing Concludes Tribunal The “ “ U.S. Deploying Jets around Asia to Keep China Surrounded, Deploying Jets U.S. , 2 May 2014, http://thediplomat.com/2014/05/analyzing-the-us-philipp- http://thediplomat.com/2014/05/analyzing-the-us-philipp- , 2 May 2014, “ , the idea behind the “rebalancing” is simple: ring China is simple: , the idea behind the “rebalancing” , 24 November 2015, http://www.pcacases.com/web/sendAttach/1521; and , 24 November 2015, http://www.pcacases.com/web/sendAttach/1521; ” ’s interpretation of the of the interpretation ’s “ In the second hearing, In the second Philippines the raised a question to the . 69 Such a statement obviously would enhance China’s skepticism. However, these are which controversial issues, be discussed will Ibid 71 70 The Diplomat The second hearing took place on November 24 through 24 through on November hearing took place The second November Apart from the legal conflicts between China and the Philippines, between legal conflicts the Philippines, China and the Apart from On April 28, 2014, the PhilippinesStates signed an and the United , 29 July 2013, http://killerapps.foreignpolicy.com/posts/2013/07/29/us_deploying_ jets http://killerapps.foreignpolicy.com/posts/2013/07/29/us_deploying_ , 29 July 2013, ” ization of its “rebalancing strategy” which would be a “containment” of ines-enhanced-defense-cooperation-agreement/. ines-enhanced-defense-cooperation-agreement/. 72. Carl Thayer, Policy Carl _around_asia_to_keep_china_surrounded. 72. ment, Philippines argued that there is no water Philippines argued supply, topsoil, or natural vege- tation. Hearing on Merits Hearing 9: Press Release No. http://www.pcacases.com/web/sendAttach/1524. http://www.pcacases.com/web/sendAttach/1524. Reed, 2, see on Day Admissibility. For transcript Issues of Jurisdiction and and Remaining John 70. on the Merits Hearing 2015), November Day 2 (25th of Arbitration, Permanent Court 107-118. pp. http://www.pcacases.com/web/sendAttach/1548, 71. Enhanced Defense Cooperation Agreement Enhanced Defense which will provide U.S.Cooperation Agreement troops with greater access to military bases in the Philippines. Tribunal that Taiping Island is not an island in terms of the UNCLOS of the UNCLOS island an is not in terms that Taiping Island Tribunal Article 121 agreement would be a clear gesture to reassureagreement would be a clear gesture the U.S. Asian allies in- 68. 68. No. 8: Press Release of Arbitration, Permanent Court 69. 20 C 20 AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 30, 2015. later. China in uncomfortable outside the region also make countries from United States and its of the South China Sea. The dealing with the issues diplomatic policy on rebalancing is especially the the case, although of such a policy. that China is not the target United States reiterates General to a recent interview with Nonetheless, according Herbert chief of U.S. Air Force operations“Hawk” Carlisle, in the Pacific, by Foreign Policy the West did to the , with U.S. and allied forces, just like back in the Cold War. In other dispatching words, the U.S. Air Force on a rotational basis, and send-fighters and tankers to Darwin, Australia base in Thailand, Korat air ing jets to Changi East air base in Singapore, at Kubi Point and Puerto Princesaa site in , and possibly to bases in would be the re- and Malaysia the Philippines and airfields in Indonesia al China. Submission 15, and reserved consideration of its jurisdiction over Sub- over jurisdiction of its consideration and reserved 15, Submission phase. 15 to the merits mission No. 37530-aop_15-3 Sheet No. 10 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 10 37530-aop_15-3 37530-aop_15-3 Sheet No. 11 Side A 03/03/2016 14:10:38 n- 21 21 More More EA S 74 HINA C OUTH S ISPUTES IN THE THE IN ISPUTES D China Uses Vietnamese Textbook to Back Claim in South China in South China Vietnamese Textbook to Back Claim China Uses “ ETTLEMENT OF ETTLEMENT S although no deadlines or details about the joint working or details about the joint working although no deadlines 73 CNN: International, Asia, 11 June 2014, http://edition.cnn.com/2014/06/11/ 2014, http://edition.cnn.com/2014/06/11/ Asia, 11 June CNN: International, ” ” EACEFUL Oil rig 981 is located 17 nautical miles from Chinese-occupied from Oil rig 981 is located 17 nautical miles Tri- Notwithstanding, it might be still be China immatureit might Notwithstanding, to presume In the meantime, senior (the AssociationASEAN Southeast of group that the task were made available. will carry out From the results to a COC. China might have agreed in principle it seems of the meeting, would accept a document with legal binding force, especially when Chi- Philippines initiating the tribunal of na has a different opinion as to the and China flared between the conflict Vietnam arbitration. Furthermore, National Offshore Oil Corporation (CNOOC) in Maywhen China’s 2014 near the situation more in-thus the drilling rig Paracels, making moved andtricate and relations between China Vietnam highly tense. than that, riots in southern Vietnam lead to a serious loss for Taiwanese lead to than that, riots in southern Vietnam by the to a preliminary estimate According and businessmen. companies the protesters of Commerce in Vietnam, Council of Taiwanese Chambers factories, and 500 Taiwanese-set fire to at least 16 Taiwanese owned owned plants were damaged. surprised international Such a development community especially when China and Vietnam showed amicable inter- relations last year. ton Island (Zhongjian Dao in Chinese), southwestern most which is the Vietnamese from nautical miles island of the Pracels and about 120 coastline. Both sovereignty claim parties Islands, but over the Paracel these land features after it expelled China have successfully controlled the Battle of the Paracels. How- forces in 1974 at the South Vietnamese believes the oilever, in terms of the legal basis, China its rig is located in in its nine dashed line water area.claimed Paracels waters as well as was interfered by a large num-China has expressed that the rig operation volved in territorialvolved and China, Sea with China the South on disputes flexibilityU.S. more give the in the strategy out its rebalancing to carry skepticism from and will be there region. Nonetheless, criticism more in the South U.S. presence more opposition to China, and China Sea re- gion. in Suzhou, andAsian Nations) officials met foreign minister the Chinese 15, 2013 to formallyChina on September discuss the possibility of estab- Conduct (COC) lishing a Code of China Sea. Accordingfor the South to ended positively the meeting Foreign Affairs, of the Chinese Ministry to seek with an agreement through co “gradual progress and consensus sultations, 74. Hilary Whiteman, Hilary gov.cn/eng/xwfw/s2510/t1077263.shtml. 73. Press Conference, Chinese Foreign Ministry, 16 September 2013, http://www.fmprc. 74. P AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 Sea Dispute, world/asia/china-vietnam-paracels/. 37530-aop_15-3 Sheet No. 11 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 11 37530-aop_15-3 37530-aop_15-3 Sheet No. 11 Side B 03/03/2016 14:10:38 i- c- e- u- ce when com- ERIES S TUDIES S ’” and publicized by Chinese Ha SIAN A ONTEMPORARY Hai Yang Shi You 981 ‘ e Safety 3 area with[in] Administration, “in the nautical Judging from the timing for China to the timing Judging from it is criti- deploy oil rig 981, However, according to the Chinese explanation, the CNOOC has have erred inNonetheless, China this standoff. Firstly,might the 22 C 22 AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 ber of Vietnamese vessels, which infringes on China’s sovereignty, its its sovereignty, China’s on infringes which vessels, Vietnamese ber of insists other hand, Vietnam On the rights and its jurisdiction. sovereign economic of exclusive miles its 200 nautical 981 intruded into that oil rig that its coastline. China’s claims Vietnam action is from zone measured on the LawNations Convention 1982 United against the the Sea of (UNCLOS). of this recent For the nature it is an entanglement standoff, make this stand- which demanding, resource and claiming of sovereignty a satisfied solution. harder to reach and complex off itself more In re-cized that China Vietnam. with destroys atmosphere the friendly have maintained a relativelycent years, and Vietnam China good rela- tionship. Especially filed its arbitration case, China when the Philippines Chinese During diplomacy towards Vietnam. seems to take amicable LI last October, Keqiang’sPremier both parties agreed visit to Vietnam group to jointlyto set up a working waters in the explore their disputed beyond the territorialvowed to move both South China Sea and row and ties. For this, manyenhance bilateral making critics argue that China was juris- which shows its brutality on claiming an over assertive movement the realitydiction over South China Sea. However, might not be so. for operations and well site surveys the area in seismic been conducting the past 10 years a continuation of the and the drilling operation has been process of explorations and falls well within China’s sovereignty and j diplomatic perceive the surrounding might risdiction. Secondly, China since it has years arduous in the coming more mis-situation as becoming the U.S. rebalancing strategy.givings about Moreover, China is an ener- countrydesperately and gy importing hunger for hydrocarbon resources. It will try every for energy. possible ways to solve its demands into the coalition with the of oil rig 981 might push Vietnam deployment future when considering cautious U.S. or at least, Vietnam will be more China’s market access and foreign investment from a China. Secondly, Sea Drilling titled “South China HN0034 cording to coded document Work by M/V nan Maritim miles radius of 15-29.58N 04 May enter- 111-12.06E to 15 August from saf for maritime This is an ordinary prohibited.” announcement ing [is] radius” is a sensitive distan nautical miles ty, but the “3 a traditional territorial sea. pared with the “cannon rule” in measuring to file an arbitration encourage Vietnam standoff might Thirdly, the against China, just like the Philippines did last January, and this would 37530-aop_15-3 Sheet No. 11 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 11 37530-aop_15-3 37530-aop_15-3 Sheet No. 12 Side A 03/03/2016 14:10:38 23 23 EA S HINA C OUTH S well water, there are water- 75 Taiping Island. According to tran-Taiping Island. According — ISPUTES IN THE THE IN ISPUTES D ETTLEMENT OF ETTLEMENT S EACEFUL Contrary to Philippine statements, however, Taiping Island possess- however, Taiping Island statements, Contrary to Philippine Another issue that was triggered by the Philippine-initiatedissue that was triggered Another arbitra- of China (Taiwan) recoveredRepublic In 1946, the the islands and Taiping Island, which in fact has a land area of 0.50 square kilome-a land area of 0.50 has in fact Taiping Island, which as anIt is evident that Taiping Island qualifies island in accordance Philippine island of and the The distance between Taiping Island ROC Ministry of the Interior, Press Release "ROC Minister of the Interior Chen Wei-zenof the Interior Press Release "ROC Minister ROC Ministry of the Interior, retaining facilities mainly used for farming. scripts from the two hearings, the Philippines the scripts from to characterize attempted a rock byTaiping Island as has an area of less than 0.43 indicating that it water, and is ca- no permanent population, no potable square kilometers, limitedpable of generating quantities of agricultural produce. are several groundwater wells on the es an adequate water supply. There of which were in use long before Taiwan’s Guard Coast island, some in 2000 frommanagement of Taiping Island took over Administration the ROC Ministry of National Defense. detailed description, In a more relied on drinking water routinely Island have personnel stationed on the the Taiping Island was restored to the ROC gov- the wells since from in 1946. Apart from ernment’s jurisdiction align Vietnam, the Philippines Vietnam, align Obvi- together. claimants even other or ously predicament. troublesome put China into another this will status of above is the legal tion mentioned is under Taiping Island, which the of the arbitration, In the second hearing of Taiwan. the jurisdiction Aba), which is a Island (Itu status of Taiping challenged the Philippines that Taiping Island territorypart of the sovereign by claiming of Taiwan, rock rather than an island.constitutes only a Japan, including Nansha (Spratly) Islands from in the geological features the largest naturally island formed 75 P AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 presides over a ceremony marking the opening of a wharf the opening of and lighthouse on Taiping Island", presides over a ceremony marking http://maritimeinfo.moi.gov.tw/marineweb/LayFrom0.aspx?icase=T03&pid See 12 Dec 2015. =0000001989. ters, has consistently sustained more than 120 to a ters, has consistently and is home sustained more people, a wide variety that produces functioning farm in- of fruits and it has a cluding corn, sweet potatoes, mangoes and guavas. Furthermore, treatment to the personnel sta-hospital to provide emergency medical operating in the area.tioned there as well as foreign fishermen So whywith Article 121 of the UNCLOS. Philippines ar- the then does answer.gue that it is a rock? Distance is the Palawan is about 199.6 nauticaleach is entitled miles. As to an exclusive 200 nautical miles, this would create a wide ar- zone (EEZ) of economic is deemed capable of gen- if Taiping Island ea of overlap. Furthermore, 37530-aop_15-3 Sheet No. 12 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 12 37530-aop_15-3 37530-aop_15-3 Sheet No. 12 Side B 03/03/2016 14:10:38 77 s-

simply a le- simply ERIES S TUDIES S SIAN A as well as ITLOS St. Martin’s Island (a di as well as ITLOS (a St. Martin’s Island THE SOUTH CHINA SEA 76 ONTEMPORARY Economic Development and Environmental Pollution IV. LIVING RESOURCES MANAGEMENT IN The Philippines’ argument regarding Taiping Island is regarding Taiping Island argument The Philippines’ The issues of environmental China Sea are pollution in the South Obviously, the claim that rock is Island is a Taiping fallacious. The A. 2012, ragua v. Colombia), http://www.icj-cij.org/docket/files/124/17164.pdf. 19 November 76. (Nica- and Maritime Dispute Judgement of Territorial Court of Justice, International Bengal in the of and Bangladesh limitation of the Maritime Boundary between 77. De- of Dispute concerning of the Sea, Judgement Tribunal for the Law International 2012, https://www.itlos.org/fileadmin/itlos/documents Myanmar), 14 March (Bangladesh/ /cases/case_no_16/C16_Judgment_14_03_2012_rev.pdf. gal tactic that does not contribute to the practical resolution of disputes in practical resolution of disputes the gal tactic that does not contribute to further escalate ten-position might its the South China Sea. In addition, es- different perspectives, is risk from sions. This paper argues that there pecially upon national intestates, and that the best when the issue touches be containing it under a manageable the risk might way of managing organizing a living resources mechanism. With this conception, man- and stability would be a good start for the peace mechanism agement of Sea. the South China the Philippines jumps to the conclusion on the definition of the maritime to the conclusion jumps the Philippines The Philippines deliberatelyarea for Taiping Island. that ignores the fact these cases are concerning delimitation. maritime 24 C 24 AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 generally due to population growth and urbanization in coastal cities, and highly consumption, growth and increased pollut-material economic ing technologies for energy resource extraction. production and primary in oil spills andIn addition, there has been waste dumping an increase by pute concerning delimitation of the maritime boundary between Bangla- boundary pute concerning delimitationthe maritime of Bangladesh/Myanmar, in the Bay of Bengal, 2012),desh and Myanmar erating a 200 nautical mile EEZ and a continental shelf, a delimitation shelf, continental a EEZ and mile nautical a 200 erating of maritime need to be boundaries would for the entire overlap-conducted of the Tribunal. the jurisdiction which is not within ping area, raises the issuePhilippines it can contend so around Pala- that the EEZ by generated zone that could be any not overlap with wan does maritime that the Philippines argues other maritime claim, features. Under this miles. should be confined to 12 nautical area Taiping Island’s maritime By citing judgmentsfrom Territorial and Maritime Dispute, ICJ (Nicara- 2012), gua v. Colombia, 37530-aop_15-3 Sheet No. 12 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 12 37530-aop_15-3 37530-aop_15-3 Sheet No. 13 Side A 03/03/2016 14:10:38 , 25 25 78 EA S Many of of Many 83 HINA C Marine Pollution Bulletin OUTH , ” S 82 (1 April 1999). See http://www.high- http://www.high- See (1 April 1999). South China Sea China South “ ISPUTES IN THE THE IN ISPUTES London: Ashgate Publishing, 2009, p. 232. p. Publishing, 2009, London: Ashgate D s second-largest consumer of oil behind the United ’ which will definitely increase the risk of Maritime Security in the South China Sea: Regional Sea: Regional in the South China Security Maritime 81 Environmental Pollution around the South China Sea: Developing Pollution Environmental “ Contemporary Southeast Asia Contemporary 80 , ETTLEMENT OF ETTLEMENT ” S note 67. note In terms of land-basedChina Sea is sur- the South In terms pollution, 79 Supra Ibid. EACEFUL As for sea-based pollution, the major causes of oil pollution are As for sea-based are causes of oil pollution pollution, the major The South China Sea has been undergoing serious environmental serious environmental has been undergoing Sea China The South For the aforementioned situation in the region, as the countries For the aforementioned oil spills. The UNEP has recognized the risk of oil spills in the region the risk of oil spills in the region oil spills. The UNEP has recognized in 2006 at theand has raised this issue, in particular Asian second East China. Seas Congress held in , Hainan, transit vessels as a result of increasing trade and of raw materi- of raw transport and trade of increasing as a result vessels transit lanes. the region’s shipping across fuels, and commodities als, fossil States, and the second-largest net importer of oil as of 2009. is the second-largest And, Korea Ad- behind Japan. US Energy Information in the world gas See natural importer of liquefied ministration, http://www.eia.gov/countries/. 82. 78. David Rosenberg, Rosenberg, David 78. Response a Regional P AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 80. 80. 81. For example, China is the world 79. Shicun Wu and Keyuan Zou, Keyuan and Wu Shicun beam.com/doc/1G1-54455033.html. 79. Implications and International Cooperation, ships, oil and gas exploration, and production platforms. However,exploration, and production platforms. ships, oil and gas under such as Taiwan, rapid growth of Asian economies, the situation of the will bring on the growth of demand Japan, Korea, or China, of oil growth the sea, via oil transportation these countries are now making important decisions about technology decisions about technology these countries are now making important for long-termand infrastructure with critical implications environmental rounded by quite a few large and rapidlyquite a by rounded , cities, e.g. growing Chi Minh City,, Ho Bangkok, Manila, Jakarta, and Singa- from thosepore. Wastewater cities has the sea without been flowing into being appropriately sewage treatment facili- treated due to insufficient ties. Additionally, become so that they pesticides are used epidemically in thecontributors to environmental degradation one of the major South China Sea region. degradations caused bydegradations land-based habitat sea-based pollution, pollution, loss, etc. around the South China Sea expand theiraround the South China Sea expand economies and consume more and pollution more fossil fuel resources, they also produce the damage research over the last 70 years,marine environment. According to the ar- China Seaea of bordering the South has been reduced by by the lost all mangroves will be nearlyrate, 70 percent. At this reducing losses resultyear main 2030. The to other uses, conversion of land from and massive logging. urban development e.g., shrimp farms, 83. Blackmore, Graham Brian Morton and Vol. 42, No. 12 (2001), p. 1246. p. 1246. (2001), 12 No. Vol. 42, 37530-aop_15-3 Sheet No. 13 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 13 37530-aop_15-3 37530-aop_15-3 Sheet No. 13 Side B 03/03/2016 14:10:38 ational ERIES S 84 TUDIES S SIAN The South China Sea region is with- A 85 ONTEMPORARY note 89. Supra Supra The development of globalization has alreadyThe development become an important are on intern Most discussions or debates on “globalization” It is a trend that national sovereignty has been challenged by the de- of statistics concerning a list of For the purposes the fish catches, B.an International Overfishing as Issue in Area 71, is under the title ofwhich Western Central Pacific. In terms of global tonnes in 2011, and fishery 82.6 million production, it reached the FAO statistical areas, the Northwest tonnes in 2012. Of 79.7 million 84. 84. 26 C 26 AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 3/a-az126e.pdf. . 85. Areas Fishing for Statistical Purposes, Major FAO, Map of FAO http://www.fao.org/ phenomenon in the modern international society. international Such a phenomenon in the modern phenomenon byhas been demonstrated the economic elements of flowing production in the global Although the with an unprecedented speed and scale scope. for several decades, it is still process of globalization has been witnessed would cause the collapseunder a drastic debate whether globalization of will states Furthermore, in the future due tocollapse national boundaries. their functions being restricted? financial transaction, technology flows, transnational cooperations, capi- of people, and so forth. In other tal flows, cross-border movements words, states, as members community, of the international are getting functional fields, interests. Therefore, closer and sharing common more and even disputes, are emerging. velopments appear in do such phenomena mentioned above. Not only daily of an they economic life, but inter- also appear in the development of high seas fisheries and fields especiallynational legal system, in the international environmental protection. major fishing areas is maintained by the Food and Agriculture Organiza- Nations (FAO).tion of the United change. Many of them face competitive market pressures to produce at produce to pressures face competitive market Manychange. them of short-termthe lowest, governments compete As long as cost possible. otherwith each in an increasingly for investment world econ- integrated omy, costly to reluctant they regulations are impose to maintain envi- and output. investment discourage might standards which ronmental short-term individual national, From the pollution view, pro- control may economic hinder performancegrams prices.consumer and increase charges onNations that do impose polluters are thought to give business lenient stand- more to relocate in countries with enterprises an incentive over- are often manyards. As a result, pollution problems environmental growth. shadowed by over economic concerns 37530-aop_15-3 Sheet No. 13 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 13 37530-aop_15-3 37530-aop_15-3 Sheet No. 14 Side A 03/03/2016 14:10:38 , , ” 27 27 EA S HINA 87 . UNEP Regional . UNEP C The South China Sea- China The South “ OUTH S South China Sea: LME #36 South “ s Regional Seas ’ . See http://innri.unuftp.is/pdf/South ” ISPUTES IN THE THE IN ISPUTES D The UNEP Large Marine Ecosystem Report: A Report: The UNEP Marine Ecosystem Large Per- Overfishing or a declining average annual Overfishing or a declining average 88 86 ETTLEMENT OF ETTLEMENT Furthermore, Chinese projects on cer- S 89 The State of World Fisheries and : Opportunities and State of World Fisheries and Aquaculture: Opportunities The Challenges ., p. 40. ., p. Ibid EACEFUL s coral reefs and sea mounts, s coral respectively. S. Heileman, The resources of the South China Sea, living and non-living,the South China Sea, living and The resources of are Total production in the Western Central Pacific grew continuously Central Pacific in the Western Total production ’ tain reefs in the Spratlys, Fiery such as Cross Reef, Subi Reef, and Mis- fish catch now threatens the extensive .fish catch now threatens the extensive Many fishermen , and efficient and aggressive are forced to apply more to venture further cas- extreme out to new fishing grounds. For the most such as blast fishing and cyanide even applyes, some illegal methods are also degraded by increased sedi-poisoning. Fish and coral habitats Coralmentation, especially reefs have been from land development. rav- and plundered for ornamental for building materials, aged to provide commodities. Pacific had the highest production with 21.4 million tonnes (26 percent (26 percent tonnes 21.4 million with production highest had the Pacific 2011, followedcatch) in marine of the global Pacific by the Southeast percent), the Western tonnes (15 million with 12.3 with Central Pacific mil-Atlantic with 8.0 the Northeast percent), and tonnes (14 11.5 million (9 percent). lion tonnes 86. FAO, 86. p. 37. 2014, Rome: FAO, 87. an area of 3.2 mil-and Vietnam. It covers Malaysia, Philippines, Taiwan by China, Indonesia, 88. (LME) which is bordered of the Marine Ecosystem Large In terms South China Sea of the 7.04% and 0.93% lion square kilometers, 0.31% is protected, and contains of which world G. (Editors), Hempel, in Sherman, K. and Conditions in LMEs of the World on Changing spective Nations Environment Programme. Studies No. 182 Nairobi, (2008). United Seas, Report and Kenya. Waters Assess- International Global Also http://www.southchinasea.org/why.html. 89. of the South China Sea and Assessment ment (GIWA), Preliminary Results for the Scoping November Workshop, Draft discussion paper in theGIWA Seas. Regional and Sulu-Celebes from Porfirio M. Alino, quoted Thailand (2001), Bangkok, 5-8, 2001, P Revisiting: The Large Marine Ecosystem Approach %20China%20Sea.pdf. AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 rapidly exploited by the people of the region, who being are heavily con- centrated along the coastline. to a maximummillion and was 11.5 of 11.7 million tonnes in 2010, of global marine area contributes about 14 percent tonnes in 2011. This for concern as regards to the state there are reasons production. However, of the resources, with stocksmost either fully being fished or overfished, The high reported western part of the South China Sea. particularly in the expansion of the been maintained through the catches have probably fisheries to new in the transshipment areas and possible double counting fishing areas, which of catches between pro-leads to bias in estimates of stock status. in trends negative masking duction, potentially 37530-aop_15-3 Sheet No. 14 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 14 37530-aop_15-3 37530-aop_15-3 Sheet No. 14 Side B 03/03/2016 14:10:38 i- n- u- (8 April 2015), (8 April 2015), and 70 percent 90 ERIES S The Diplomat , ” TUDIES S SIAN A The Other Problem in the South China Sea: Territorial disputes are Other Problem in the South China Sea: Territorial The “ ONTEMPORARY Ms. Hachigian has listed some endangered species in the South listed some endangered species Ms. Hachigian has Therefore, overfishing and IUU fishing by the are compounded It is not the purpose of this paper to define the term “global gover paper to define the term It is not the purpose of this A further concern mentioned by Nina Hachigian, US Ambassador concernA further US Ambassador by Nina Hachigian, mentioned V.SOLUTION:COOPERATION AS AN OBLIGATION not the only issue to trouble this vital maritime region ance” as there are a variety a of definitions on this subject. Instead, the of cooperation to describe the on-thor would like to use the concept going processes of managing fishery and conserving resources. Such international organizations, processes includes: international instruments, and behavior of the states. http://thediplomat.com/2015/04/the-other-problem-in-the-south-china-sea/. tion. mechanism to sur- need an appropriate management China Sea which Green sea turtlesvive. For example, turtles are critically and Hawksbill shells remains and poaching turtles for their meat endangered. However, slaughtered every region. Millions of sharks are in the common year fins. She has also solelymentioned that the increasing carbon in their for oceans. will take a slow, steady destructive toll on the the atmosphere the availability threatens to reduce Moreover, rising ocean temperatures fish populations seek cooler waters.of fish in traditional fishing areas as boats are travelling in the South China Sea. Fishing sovereignty claims farther from there are fewer fish their because to be of the reason Part found in traditional fishing grounds. the claimants are asserting sovereignty over islands, rocks, shoals and reefs is precisely unilat- claims, because of the Ambiguous fish in the surrounding waters. law enforcement jurisdictions eral fishing restrictions, and unclear would surely worsen this problem. the claimants among 90. Nina Hachigian, Hachigian, Nina 90. 28 C 28 AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 chief Reef, havechief on concerns raised also protectionenvironmental marine matters. fishing ac- unregulated (IUU) unreported, and is that illegal, to ASEAN, the fishery serious damage cause on the South resources in tivities might poison- fishing, cyanide dynamite such as Common methods China Sea. havoc in regional ecosystems have wreaked and ing, and bottom Forty of the regional fishing market. threaten the future the percent of fish stocks have already disappeared South China Sea’s Sea’s coral reefs areof the South China or poor cond rated to be in fair 37530-aop_15-3 Sheet No. 14 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 14 37530-aop_15-3 37530-aop_15-3 Sheet No. 15 Side A 03/03/2016 14:10:38 29 29 EA Under Under S 94 it states that it states that HINA 93 C , http://www.un.org/ , http://www.un.org/ ” , Vol. 25 (1998), p. 189. p. 189. (1998), 25 Vol. , OUTH , The Hague: Kluwer Law Law , The Hague: Kluwer S los/reference_files/status2010.pdf. los/reference_files/status2010.pdf. ovide certain possibilities on possibilities ovide certain Chronological lists of ratifications of, acces-Chronological lists of ratifications and the 1995 Agreement for the 1995 and the the Agreement for “ 91 .” ISPUTES IN THE THE IN ISPUTES Ecology Law Quarterly Ecology , D nts Framework ” -operate with one another, irrespective of the another, -operate with one International Fisheries Management See http://www.un.org/depts/ See . The Promise of the United Natins Convention on the Law of the the Law of the Convention on The Promise of the United Natins “ ETTLEMENT OF ETTLEMENT S (hereinafter cited as “UNFSA”) pr cited as “UNFSA”) (hereinafter 92 EACEFUL According to Article states 118 of the UNCLOS, fishing on the One of the basic the nature of the duty issues to be considered is to Basically, the 1982 UNCLOS This duty can be characterized into one of the two forms: a duty to of the two forms: This duty be characterized into one can A. Instrume International Cited from Stuart M. Kaye, M. Kaye, Cited from Stuart International, 2001, p. 111. p. 111. 2001, International, Sea: Justice and Environmental Disputes Guruswamy, Relations on Law concerning Friendly Principles of1970 Declaration International Nations, GA Res. United Charter of the with the among States in accordance and Cooperation 93. L. 1970. October 24 2625(XXV), 94. sions and successions to the Convention and the related Agreements related to the Convention and the sions and successions Nations Con- United depts/los/reference_files/chronological_lists_of_ratifications.htm#The . Sea the of Law the vention on Affairs and the Law of the Sea, Status of the United UN, Division for Ocean this Agreement. 92. ratified 82 states there are and 2001 December 11 into force on entered The UNFAS relating to the implementationAgreement of the Sea, of the of on the Law Nations Convention of provisions the implementation of the for the Agreement of Convention, and the Part XI of fish stocks management of straddling and to the conservation and the Convention relating fish stocks highly migratory “States have the duty to co in the various and social systems, political, economic differences in their relations.spheres of international . See 2015. fied this Convention as at 2 January 91. into force The UNCLOS entered and there are 167 states on 16 November 1994 rati- P AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 such considerations, certain provisions regulated in the UNCLOS in the UNCLOS regulated such considerations, certain provisions and the UNFSA embrace the spirit of cooperation. seas shall area of the high same living marine resources same or in the the regulation of cooperation among states in dealing with the issues of states cooperation among the regulation of high seas fisheries. co-operate. It is noteworthyduty that the to co-operate among the states, back to certain amicable or antagonistic, can be traced whether they are three decades than documents made adopted ago. In a declaration more by the General Assembly the United Nations in 1970, of Implementation of the Provisions of the United Nations Convention on United Nations Provisions of the of the Implementation to the Conservation 1982 Relating December of the Sea of 10 the Law HighlyStocks and Migratory Fish of Straddling and Management Fish Stocks enter into negotiations; and a duty to reach to negotiate and an agree- ment. Obviously both duties of cooperationnegotiations be require that the parties concerned shall be entered into in good faith. Moreover, to reach an agreement, to attempt obliged to work together in good faith a successful conclusion. to through and to carry that agreement 37530-aop_15-3 Sheet No. 15 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 15 37530-aop_15-3 37530-aop_15-3 Sheet No. 15 Side B 03/03/2016 14:10:38 97 Taking into Taking into 95 Law and Politics in and Politics in Law ERIES S TUDIES S SIAN A Management as a MechanismOrganization 99 ONTEMPORARY If the straddling fish stock or highly migratory fish stocks or highly migratory fish stocks If the straddling fish stock 98 96 In the absence of an effective centralized authorityIn the absence of an effective centralized in dealing with States fishing for the stock on the high seas States fishing for the stock on the high may choose not to join Part 3 of the UNFSA includes several provisions for mechanisms mechanisms includes several provisions for Part 3 of the UNFSA The Netherlands: Martinus Nijhoff Publishers, 2006, p. 15. 15. Publishers, 2006, p. Martinus Nijhoff Netherlands: The B. Regional Fisheries is not subjected to the regulatory of any organization or ar- competence on the high seas and the relevant states fishing for the stock rangement, or other either an organization coastal states are obligated to establish appropriate arrangements. 96. Also see Tore Henriksen, Geir Honneland, and Are Sydnes, Sydnes, Are and Honneland, Geir Henriksen, Tore see Also 96. 95. 64(1). Articles 63(2) and UNCLOS, Re- and Regional Fisheries Management The UN Fish Stocks Agreement Governance: Ocean gimes, 97. Article 8(3). UNFSA, 98. Article 8(4). UNFSA, 99. Article 8(5). UNFSA, 30 C 30 AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 consideration of the practices in recent years of the practices consideration from states and internation- part become have these obligations al organizations, cus-of international tomary law. the matters of issues, fishing the regional fisheries organi- then probably zation is an alternative to secure sustainable conservation and manage- cooper- resources. Such regional fisheries marine ment of transboundary collective action problems to overcome efforts by states ation involves for cooperation on the conservation of straddling fish stocks and highly the conservation of straddling fish for cooperation on migratory species. Although the introductory paragraph of Article 8 a choice whether to co-operateseems to leave states directly or through regional or sub-regional fisheries management organizations or arrange- this free- on radical limitations ments, the ensuing paragraphs emplace Where there existsdom. a fisheries management organization or ar- competent enough to regulate the fisheryrangement strad- for a specific those states fishing fish stocks, highly migratory stock or straddling fish for the stocks coastal states shall on the high seas and the relevant be- of the arrangement. participants memberscome or of the organization or participate, but are then obligated to apply the management measures apply to or participate, but are then obligated the management adopted by the organization or arrangement, in order to be entitled to fish on the stock. cooperate in the conservation of these resources. Withresources. of these the conservation in cooperate to strad- respect stocks and highlydling fish the obli- on the high seas, migratory species obligations the special supplemented with gation is of the relevant areas of the in adjacent for these stocks and states fishing coastal states to co-operatehigh seas these stocks. conservation of for the 37530-aop_15-3 Sheet No. 15 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 15 37530-aop_15-3 37530-aop_15-3 Sheet No. 16 Side A 03/03/2016 14:10:38 31 31 EA S HINA The Netherlands: Netherlands: The C 100 OUTH S , Vol. 32 (2001), pp. 350-351. , Vol. 32 (2001), pp. A Sea Change: The Exclusive Eco- The Exclusive A Sea Change: , Vol. 26 (2002), p. 374. 374. p. 26 (2002), , Vol. Order for the Oceans at the Turn of the of the for the Oceans at the Turn Order ISPUTES IN THE THE IN ISPUTES D Marine Policy 101 ” Governance of High Seas Fisheries: The Role of Regime Regime Role of Fisheries: The High Seas of Governance “ bers, will heavily rely upon members’ positive Regional Fishery Organizations: How and Why Organizational Di- and Why Organizational Regional Fishery Organizations: How Regional Fishery Organizaitons in Developing Regions: Adapting to in Developing Regions: Regional Fishery Organizaitons “ “ Regional Fisheries Organizations and Regional Fisheries Organizations International Fisheries Govern- “ ETTLEMENT OF ETTLEMENT S Ocean Development and International Law and International Development Ocean ” Therefore, the latter two tasks, i.e. regulatory measures and and regulatory measures Therefore, the latter two tasks, i.e. 102 in Davor Vidas and Willy Ostreng, eds., Willy Vidas and in Davor ” The Hague: Kluwer Law International, 1999, pp. 159; 162-170. pp. 159; 1999, International, Law Kluwer Hague: The EACEFUL Even so, some the RFMOs of have taken steps to improve their per- Some scholars mention that the cooperative governance of marine of marine cooperative governance that the Some scholars mention Most of the RFMOs operating in developing regions during the during the operating in developing regions Most of the RFMOs , in Syma Ebbin, Alf Hoel, and Are K. Sydnes, eds., eds., Are K. Sydnes, and , in Syma Ebbin, Alf Hoel, ” Century, compliance ofcompliance mem the practices. living resources. The au- marine formance in managing and conserving thor shall use the Inter-American Tropical Tuna Commission (hereinafter progress.cited as IATTC) to examine the IATTC was established in Stokke, Olav Schram 102. Linkages, related to the use of shared and common shared use of aris- cooperation This fisheries. to the related states identify concerned two es when problem or goal a shared or more is Such cooperation a common which requires and co-operative solution. bilateral or through multilateraloften formalized establishing agreements for the im- organizations and institutional rules, procedures principles, the parties. In between of cooperation these many cases plementation Fishery of Regional by are institutionalized agreements formation the Management (hereinafter cited as RFMOs).Organizations 100. Are K. Sydnes, Sydnes, K. Are 100. versity Matters, P AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 resources management is meant to provide adequate means for meeting means provide adequate to is meant resources management and reasonably tasks: generation of adequate consensual sci-three major how about whether and judgments entific knowledge to permit informed of resources shall be conducted; adoption of legitimate and exploitation govern economicappropriate regulatory measures to activities while tak- promote to development of a system ing heed of existing knowledge; and in resource use in engaged those with such measures among compliance the area. 1950s and 1960s were established at the initiative of the Food and Agri-were established at the initiative of 1950s and 1960s of the United Nations (FAO). Theyculture Organization were constituted with broad to mandates research, development and manage-promote regulatoryment, but without Moreover, these organizations were powers. operations were de- mechanisms, so their established as development for their FAO and other donors. Thus, from pendent on funding functions to be fulfilled, they of the the political will heavily relied on of members regulations. RFMOs to enforce ance Sydnes, Marine Resources, Institutions for Living Governance nomic Zone and K. Are. 117-133. pp. Springer, 2005, 101. Fisheries Law, in International Changes Also, Are K. Sydnes, Also, Are K. Sydnes, 37530-aop_15-3 Sheet No. 16 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 16 37530-aop_15-3 37530-aop_15-3 Sheet No. 16 Side B 03/03/2016 14:10:38 ERIES S After almost fiftyyears After almost 103 TUDIES S ). For full text, see http://www.iattc.org/ ). For full text, ” SIAN A According to Article 10 of the Antigua Conven- According to Article Antigua Convention “ 106 ONTEMPORARY 105 An ad hoc Working Group was formed to review the 1949 formed to review the Group was An ad hoc Working . 107 104 Ibid The revising work the adoption of an was done in June 2003 with Furthermore, Article 18 provides that Parties shall take the Article 18 provides that Parties shall take the Furthermore, tion, a Committee for the Review of Implementation of Measures Adopt- of Measures for the Review of Implementation tion, a Committee review and monitor will be established: (a) to ed by the Commission the adopted by measures with conservation and management compliance (b) to analyze in- measures; as well as other cooperative Commission, formation and any necessary to carry out its functions; information other with information, technical(c) to provide the Commission and advice and compliance of, implementation recommendations relating to the measures; (d) towith, conservation and management recommend to the means of promoting compatibility;Commission to the (e) recommend means to promoteCommission the effective of the Anti- implementation in consultation to the Commission, gua Convention; (f) to recommend with the Scientific Advisory of the priorities and objectives Committee, of this Convention and for data collection and monitoring the program (g) to perform other and program; assess and evaluate the results of that functions. PDFFiles2/Antigua_Convention_Jun_2003.pdf. PDFFiles2/Antigua_Convention_Jun_2003.pdf. 107. the by Adopted Implementation of Measures of for the Review 3. Committee Annex Commission, Antigua Convention. of functioning, it was decidedof functioning, that the IATTC (Commission) the and to and modernized should be strengthened (Convention) 1949 IATTC the such as instruments, adopted international account recently take into 21 the 1992 Agenda 1982 UNCLOS, FAO Declaration, the 1993 and Rio Compliance and Conservation with International to Promote Agreement Measures byManagement Vessels on the High Seas, the 1995 Fishing for Responsible and the 1995 Fisheries, Conduct FAO Code of UNFSA. see http://www.iattc.org/PDFFiles/IATTC_conven- For 1949 IATTC Convention, 103. tion_1949.pdf. 104. Review the to IATTC Group Working of a the Establishment IATTC, Resolution on 1998. June Convention, 105. 106. of the Inter-American Tropical Tuna Commission Convention for the Strengthening and the Republic of States of America Established by the 1949 Convention between the United known as Costa Rica (also 32 C 32 AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 Convention. amended convention. amended 1950 in accordance with the 1949 Convention for the Establishment of of Establishment for the Convention the 1949 with in accordance 1950 Tuna Commission. Tropical an Inter-American measures necessary to ensure the implementation of and compliance withand compliance of measures necessary to ensure the implementation any conservation and managementConvention and measures the Antigua the adoption of the necessary laws thereto, including adopted pursuant 37530-aop_15-3 Sheet No. 16 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 16 37530-aop_15-3 37530-aop_15-3 Sheet No. 17 Side A 03/03/2016 14:10:38 The The The The 108 33 33 The The “ EA S HINA C Supplemental Resolu- “ OUTH Oxford: Oxford University S Law and Politics in Ocean Gov- Law and ” which is provided in Article 122 of ” which is provided in Article 122 of ISPUTES IN THE THE IN ISPUTES D , Vol. 14, No. 4 (2001), pp. 541-543. pp. (2001), No. 4 14, Vol. , enclosed sea” means a gulf, basin or enclosed sea” means a gulf, basin - . Under this resolution, urged Ja- the ICCAT Commission ” 110 Governing High Seas Fisheries, High Seas Governing -enclosed sea, 109 ETTLEMENT OF ETTLEMENT The Pacific Review The S ” Manchester: Manchester University Press, 1999, p. 309; F. O. Vicuna, Vicuna, p. 309; F. O. Manchester University Press, 1999, Manchester: South China Sea South China “[E]nclosed or semi “[E]nclosed sea surrounded by States and connected to or more two outlet or consisting another sea or the ocean by a narrow entirely and exclusive of the territorial seas or primarily coastal States. zones of two or more economic Bridge over Troubled Waters: Fisheries Cooperation as a Resolution to the South South a Resolution to the as Fisheries Cooperation Waters: Troubled over Bridge in O. S. Stokke, ed, “ ” EACEFUL From the aforementioned discussion, it might be safe to conclude discussion, it might the aforementioned From Except for the actions took by the IATTC, other RFMOs made Because the South China Sea is semi-enclosed, any the change in In terms of the geographicalIn terms location, the South China Sea could be C. in the Semi-Enclosed Regional Cooperation on Sea: A Case Press, 2001, pp. 40-42. 40-42. pp. Press, 2001, 110. is basically mentioned, this sub-section quoted from Unless specifically Kuan-Hsiung WANG, China Sea Conflicts, International Law to High Seas Fisheries: From Unrestricted Freedom of Fishing to Sustaina- ble Use, that the RFMOs control to have been given exclusive and arrangements and highly seas fisheries of straddling fish stocks regulate the high mi- gratory fish stocks. and regulations. Also, Parties shall provide to the Commission all the in- all Commission to the provide Parties shall Also, and regulations. objective of the of the that mayformation fulfillment required for the be Convention, includingAntigua and information and biological statistical andConvention Area, activities in the its fishing concerning information adopted the measures taken to implement regarding actions information Convention. with the Antigua in accordance either byactions similar related adopting resolutions or taking measures measures and management so that the conservation could be achieved. 108. Commission for the Conserva- the International on 27 December 2000, For example, under the title of a resolution tion of Atlantic Tunas (ICCAT) adopted P AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 tion by ICCAT to Enhance the Effectiveness of the ICCAT Measures to Eliminate Illegal,Effectiveness of the ICCAT Measures Un- tion by ICCAT to Enhance the Vessels in the regulated and Unreported Fishing Activities Longline Tuna by Large-Scale and Other Areas Convention Area Netherlands: Martinus Nijhoff Publishers, 2006, p. 16; Robin Churchill and A. V. Lowe, V. and A. 16; Robin Churchill 2006, Netherlands: Martinus Nijhoff Publishers, p. Sea, Law of the ernance: The UN Fish Stocks Agreement and Regional Fisheries Management Regimes, ernance: The UN Fish Stocks Agreement and Regional pan and Taiwan to take the necessary measures to complete the scrapping ofvessels built take the necessary measures IUU pan and Taiwan to Taiwan. and in Japan 109. and Are Sydnes, Geir Honneland, Tore Henriksen, the UNCLOS defining the term: of the semi-enclosedecosystem on the sea will have significant impact categorized as a “semi 37530-aop_15-3 Sheet No. 17 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 17 37530-aop_15-3 37530-aop_15-3 Sheet No. 17 Side B 03/03/2016 14:10:38 ERIES S TUDIES S in the Second Working Group Meeting on Group Meeting in the Second Working ” SIAN A Issue Paper for Technical Working Group on the Resources Assess-Issue Paper for Technical Working “ ONTEMPORARY The UNCLOS has foreseen this problem, since foreseen this problem, The UNCLOS has Article 111 tion and exploitation of the living resources of the sea;tion and exploitation of the living preservation and duties with respect to the protection of the marine environment; of sci-programmes undertake where appropriate joint entific research in the area; national organisations to in fur-co-operate with them therance of the provisions of this article. States bordering an enclosed or semi-enclosedStates bordering sea should co-operate with each other the exercise of their rights and in in the performance of their duties under this Convention. To through or shall endeavour, directly this end they an appro- priate regional organisation: (a) explora- to co-ordinate the management, conservation, (b) of their rights and to co-ordinate the implementation (c) to co-ordinate their scientific research and policies (d) states or inter-other interested to invite, as appropriate, Therefore, all parties concerned should be aware that fish are migra- be aware that fish are Therefore, all parties concerned should Resources Assessment and Ways of Development in the South China Sea, Jakarta, Indonesia, Indonesia, Sea, Jakarta, the Development in South China Assessment and Ways of Resources 1-2. pp. 5-6 July 1993, ment of the South China Sea Informal Workshop, ment of the South China Sea Informal 123 provides that, 123 provides that, tory and fishery resources are exhaustible, so rational use of the South its marineChina Sea and the preservation of environment should be im- region states in the littoral parties. Thus, cooperation among portant to all con-is essential. In order to avoid overfishing or depletion of resources, 111. Hasjim Djalal, Hasjim 111. 34 C 34 AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 whole area.whole It is generally the in resources the living that recognised even to other to another or one EEZ from Sea area migrate South China particularlymarine areas, those highlymigratory tuna species such as country shared stocks. Each and other may alreadyhave its own assess- livingment of its and that the definition EEZ, assuming resources in its is that many EEZ clear. The problem of each EEZ is delineation of those or mutually are not well defined boundaries upon by the relevant agreed to islandsthat conflicting claims there are various parties. Likewise, the EEZ boundaries. For this of and defer the determination complicate reason, many of the need to cooperate experts and scholars are convinced of the living resources in the Southon the assessment Sea area China without boundaries. The basis to jurisdictional regard for this endeavour enclosed and semi-the UNCLOS regarding 123 of would be Article enclosed seas. 37530-aop_15-3 Sheet No. 17 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 17 37530-aop_15-3 37530-aop_15-3 Sheet No. 18 Side A 03/03/2016 14:10:38 35 35 EA S Ocean Devel- ” HINA C OUTH S Under such circumstances, for all Under such for all circumstances, 112 ISPUTES IN THE THE IN ISPUTES D , Vol. 25(1994), p. 71. p. 71. 25(1994), Vol. , The and the Law of the Sea, the Law Dispute and The Spratly Islands “ ETTLEMENT OF ETTLEMENT S EACEFUL Indeed, a semi-enclosed sea concept could conceivably provide the the provide conceivably concept could semi-enclosed sea Indeed, a Fishery cooperation could be the most Fishery feasible course of action for cooperation could be the most a feasible and utilization of fishery resources is Cooperation in the Without affecting jurisdictional boundaries as laid down in the catalyst to promote cooperation and co-ordination of the management of of the management cooperationcatalyst and co-ordination to promote in resources China Sea. the South servation measures have to be taken. Such measures are not possible not possible are have Such measures taken. to be measures servation parties the and close co-ordination cooperation without regional among especiallyconcerned, sea. in a semi-enclosed opment and International Law and opment 112. Lee G. Cordner, G. Lee 112. P AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 the littoral states to make the boundary make the littoral states to delimitation first issue the priori- upon their common interests can unwise. Rather, concentrating ty seems to resolve conflicts rationally.be an essential motivation since through cooperation, fisherythe littoral states resources could be properly waste and over-and managed such that economic conserved exploitation may be avoided. It sidesteps the issue a regional cooperation regime. practical way to start utiliza- namely interest, of sovereignty the focuses upon a common and long-term resources. It also defers negotiations with respect tion of living to delimitation of the continental shelf relating to the hydrocarbon re- source issue. Thus, as co-operative forged with regard relationships are par- the various to fishery confidence will build among resources, mutual ties that may eventuallysuccessful cooperation with respect contribute to to hydrocarbon resources. Fishery management resources is crucial to of be a touchstone overfishing, and may over-exploitation or preventing the littoral states’ sincerity. UNCLOS, it is certainly regional joint fishery possible to have manage- further cooperation. starting point for ment in the South China Sea as the toward achieving as a key step If all states in this region treat cooperation mecha- benefit, then the future for such a regional cooperation mutual is assured. nism 37530-aop_15-3 Sheet No. 18 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 18 37530-aop_15-3 37530-aop_15-3 Sheet No. 18 Side B 03/03/2016 14:10:38 k- 113 The text Ministry of For- 114 ” ERIES S East China Sea Peace East China Sea Peace TUDIES S HERIESMANAGEMENT he UNCLOS Article 74(3) on EEZ SIAN A East China Sea PeaceEast China Sea Initiative, “ ONTEMPORARY , (August 5, 2012), http://www.mofa.gov.tw/EnOfficial/Topics/TopicsIndex/ , (August 5, 2012), TAIWAN’SROLE IN FIS ful means; and Sea.veloping resources in the East China in August 2012 and called on all parties concerned in August 2012 and to: 1. Refrain from anytaking actions; antagonistic 2. dialogue; Shelve controversies and not abandon 3. disputes through peace- Observe international law and resolve 4. China Sea; Seek consensus on a code of conduct in the East 5. and de- Establish a mechanism for cooperation on exploring Pending agreement as provided for in paragraph 1, the States in as provided for Pending agreement and cooperation, shall concerned, in a spirit of understanding make every enter effort to into provisional arrangements of a practical naturenot to this transitional period, and, during the reaching of the Such jeopardize or hamper final agreement. to the final delimita- shall be without prejudice arrangements tion. For the best result in resolving delimitation disputes, states in dis- As discussed earlier, Taiwan is one of the claimants to the islands As discussedislands claimants to the is one of the earlier, Taiwan and stability, of fostering regional peace In taking consideration The main points of the Initiative are “shelving disputes, and wor points of the Initiative are “shelving The main A. AgreementFisheries Taiwan-Japan 2013 VI. pute should take the following actions: reads: 113. The Republic of China (Taiwan), 36 C 36 AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 eign Affairs, ROC Initiative sovereignty Sea. Although the South China maritime areas of as well as a could play recognition, Taiwan its international with problems there are such a chaotic and urgent time.constructive role in prosperity economic and the sustainable envi-development the marine of path to coexistence and mutual as seeking to find a ronment, as well prosperity, President MA Ying-jeou the declared ing on joint development.” These ideas ing on joint development.” These ideas the “provisional also conform to provided in t which is arrangement” delimitation shelf delimitation. and 83(3) on continental ?opno=cc7f748f-f55f-4eeb-91b4-cf4a28bbb86f. ?opno=cc7f748f-f55f-4eeb-91b4-cf4a28bbb86f. 114. 83(3). UNCLOS, Articles 74(3) and 37530-aop_15-3 Sheet No. 18 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 18 37530-aop_15-3 37530-aop_15-3 Sheet No. 19 Side A 03/03/2016 14:10:38 l- 37 37 EA S Taiwan- in a spirit in a spirit ‘ on the other on the HINA C OUTH S indicates that the parties indicates ’ would be meaningful in the . ISPUTES IN THE THE IN ISPUTES D of April 10, 2013 would be a good example of April 10, 2013 would be a good example ’ not to jeopardize or hamper the reachingnot to jeopardize or hamper of the final ‘ ETTLEMENT OF ETTLEMENT S the states concerned shall arrange- enter into provisional the reaching of the ments so as not to jeopardize or hamper final delimitation. of a practical nature, it bounda-utilization of resources, and puts the maritime focuses on practical issues, sovereignty and ry/jurisdiction issues aside. delimitation i.e. concerned should negotiate in a spirit of good faith (or bona faith (or in a spirit of good should negotiate concerned agreement obligation to seek fide). The in good faith has been defined in many well-established of precedents inter- national law. taking from themselves ment, theyrestrain still have to any cause the dispute to deteriorate. Thataction that would is to pending final restraint should be exercised say, mutual the comple- inagreement or settlement order not to impede tion of the final delimitation. such a presump- Only under the spirit of the pro- correspond to tion can the arrangement vision, agreement. of understanding and cooperation,of understanding 83(3), the states concerned, in a spirit of states concerned, 83(3), the and understanding shall cooperation, make every into effort to enter provision- of a practicalal arrangements nature. The phrase, East China Sea Peace Initiative B. Practical nature: Because the provisional arrangement is B. Practical nature:Because the provisional arrangement is B. Self-restraint. a final agree-parties fail to reach Even if the A. In the interests of Transitional nature: international peace, A.and 74(3) Articles Under good faith. in negotiations Initiate EACEFUL East China Sea Peace Initiative East China In addition, two aspects of should not the provisional arrangements The be overlooked: be overlooked: present tense situation because, on the one hand, “promoting joint deve present tense situation because, on the one hand, “promoting might be a better way to ease the disputes, while opment” could and might role that Taiwan to observe the hand, it is also important of the position. The practice leverage play, since Taiwan is in a Japan Fisheries Agreement of the P AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 37530-aop_15-3 Sheet No. 19 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 19 37530-aop_15-3 37530-aop_15-3 Sheet No. 19 Side B 03/03/2016 14:10:38 h- s Con- ’ Taiwan- Taiwan-Japan Taiwan-Japan ERIES S 115 TUDIES S SIAN A also means a significant development also means rela-of development a significant Fisheries Agreement http://amti.csis.org/maritime-disputes ONTEMPORARY available at available ermen from both sides who mayermen conduct fishing operations A wider “Agreement Application Zone” is designated for fis 1. The background for finalizing the Agreement is The background for finalizing the Agreement mixed with political political concerns, there are some legal points Without considering Map 2: Designated Zone assigned in the 2013 Map 2: Designated Zone 115. Asia of Evolution Asia Maritime Transparency The Initiative, CSIS (AMTI), tested Waters, 38 C 38 AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 as well as legal On the one hand, Japan wants to protect considerations. Chinaits strategic interests in the East it was trying Sea; prevent to Taiwan from conflict between Japan cooperating with China while the the other, the influence from and China remained intense. On the United are importantUnited to the Taiwan States is also explicit. Both Japan and strategy.” The fisheries issue is minor States in guarding its “rebalancing United States is pos-the other security or strategic issues, so to compared the Furthermore, Agreement. itive towards the conclusion of the Japan Fisheries Agreement tions for both Japan and Taiwan. is to be reviewed thorough-which are also noteworthy if the Agreement ly. 37530-aop_15-3 Sheet No. 19 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 19 37530-aop_15-3 37530-aop_15-3 Sheet No. 20 Side A 03/03/2016 14:10:38 - 39 39 EA S HINA C OUTH S ISPUTES IN THE THE IN ISPUTES D ignated and is a matter for further discus-ignated and is a matter s Participation ’ ETTLEMENT OF ETTLEMENT S without being disturbed by the other side. In other words, this words, In other other side. by the disturbed being without joint fisheryZone is a accommodate zone which could fishery and Japan. from both Taiwan activities fishermen of regulatingand for the purposes operation of the in the south Zone,” located a “Special Cooperation fisheries, aforementioned “Agreement Application east corner of the Zone,” has been des sion by the Taiwan-Japan Fishery This Committee Committee. was set up on May 7, 2013. surrounding the Diaoyutai12 nautical miles This is a Islands. will be subject disputes and the sovereignty result of shelving contro- be the most However, this might to future discussion. likelyversial point, causing a lot of discussionmost and dis- content. and Taiwan EACEFUL 2. and Japanese Due to heavy fishery by Taiwanese activities 3.regarding the area of the is no accord in the Agreement There Apart from the fact that Taiwan can, and would be willing to, enter to, enter the fact that Taiwan can, and would be willing Apart from IATTC was established in with the 1949 Convention for accordance In 1998 it was decided that the IATTC and the 1949 IATTC Con- The Agreement is a good start for sustaining peace in the East Chi- for The Agreement is a good start B.Tuna Commission The Inter-American Tropical (IATTC) P AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 into a bilateral fisheries agreement with another party, Taiwan is also into a bilateral fisheries agreement another party, Taiwan is also with organization. fisheries management a regional capable of participating in CommissionThe Inter-American Tropical Tuna (IATTC) is one of the precedents. Tropical Tuna Commission the Establishment of an Inter-American be- Rica. The 1949 tween the United States and Costa IATTC Convention entered into force on March Inter-American 3, 1950 with the Tropical of the oldest established. It is now the (IATTC) being Tuna Commission regional fishery organizations (RFMOs). management to take into account recently adopted in-vention should be modernized such as the 1995 United Nations Straddling and ternational instruments, na Sea. It focuses on the fisheries issue and puts aside the sovereigntyna Sea. It focuses on the fisheries issue or delimitation made by both Taiwan issues, which is a praiseworthy move “provisional arrangement” practice the and Japan. It is also putting into stipulated in the UNCLOS. Nonetheless, there are still a lot of matters to the parties concerned.discuss and to be developed between The Agree- Taiwan-Japanment relies uponthe functioning of the Fishery Committee both sides. from and good practice 37530-aop_15-3 Sheet No. 20 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 20 37530-aop_15-3 37530-aop_15-3 Sheet No. 20 Side B 03/03/2016 14:10:38 s ’ 219. 219. – ERIES S s Participation in Regional Fisheries s Participation in Regional Fisheries ’ TUDIES S , Vol. 37 (2006) pp. 209 pp. 37 (2006) , Vol. Taiwan “ SIAN A rticipate actively in the work of the IATTC rticipate actively 116 ONTEMPORARY Ocean Development and International Law and Development Ocean ” Through a 1998 resolution, the IATTC Commission welcomed Commission welcomed the IATTC a 1998 resolution, Through signed an Instru- 14, 2003, the Taiwanese delegate On November tigua Convention. Because Taiwan’s participation issue was solved, tigua Convention. Because Taiwan’s 116. and Taiwan For detailed development of the IATTC, its Convention amendments, participation, see Dustin Kuan-Hsiung WANG, WANG, see Dustin Kuan-Hsiung participation, Management Organizations and the Conceptual Revolution on Fishing Entity: The Case of the of the Entity: The Case on Fishing Revolution Conceptual and the Organizations Management IATTC, 40 C 40 AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 Highly Migratory Fish Stocks Agreement (UNFSA) and the 1982 and the (UNFSA) Highly Agreement Fish Stocks Migratory fishing As a result of UNCLOS. in the east Pacific performance Ocean of tuna and management conservation purposes of enhancing and for the IATTC to work with other its willingness Taiwan expressed resources, members. Taiwan’s commitment to pa the Commission of governments that the member and recommended active participation the to enable mechanism should find appropriate an of the IATTC. of Taiwan in the work attend Later, Taiwan was invited to the 1949 IATTC Conven- of the Working Group to Review the meetings tion as an equalIATTC Conven- partner along with the other negotiating tion Parties. of Fishing Entities in Washington,ment for the Participation D.C. along all the able to enjoy As a fishing entity, Taiwan is with other signatories. 1949 in the amended stipulated rights and have all the responsibilities the Antigua Convention) on an equal IATTC Convention (also named footing with other membersthe Commission after the entry of of the An Taiwan will IATTC in the capacitybe able to participate in the of a fish- ing entity and with an organizational of the Commis- status as a Member Taipei. Including Taiwan as a sion under the designation of Chinese memberis one of the leading distant because it arrangement is an ideal Thus, there is a necessitywater fishing nations in the world. to incorpo- in order effectivelyrate Taiwan into the mechanism accomplish to more of marine living resources. Taiwan could conservation and management to the conservation and man- knowledge and technology contribute its mechanism. agement 37530-aop_15-3 Sheet No. 20 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 20 37530-aop_15-3 37530-aop_15-3 Sheet No. 21 Side A 03/03/2016 14:10:38 117 41 41 Pol- food “ EA S HINA C food. See FAO, FAO, See food. et, economy, and economy, et, ” Philosophical Transac- ” good OUTH “ From the wording, it is well the wording, From S ” 2880. 2880. – Food Security and Marine Capture Security Food “ food but also ” ISPUTES IN THE THE IN ISPUTES enough D “ VII. CONCLUSION ETTLEMENT OF ETTLEMENT , Vol. 365, No. 1554 (2010), pp. 2869 pp. (2010), 1554 No. 365, Vol. , S Food security exists at all when all people, times, have physical and economic “ 118 as , Issue 2 (June 2006). (June 2006). 2 , Issue EACEFUL ” However, overwhelming evidence shows that these crucial uses of shows that these crucial uses evidence However, overwhelming The history of high-seas 150 over the last fisheries management Fishing or fisheryFishing or of the world’s is a vital aspect di tions Royal Society B tions Royal Society Fisheries: Characteristics, Trends, Drivers and Future Perspectives, Drivers and Future Trends, Fisheries: Characteristics, icy Brief A. Rosenberg, and Andrew Serge M. Garcia 118. access to sufficient, safe and nutritious food that meets their dietary needs and food prefer- needs and food food that meets their dietary access to sufficient, safe and nutritious 1996) Summit, life. (World Food and healthy ences for an active accepted that food security does not mean mean security does not accepted that food security 117. the term (FAO) Organization recognizes United Nations Food and Agriculture P billion people the present 6.8 to grow from is expected World population 9 billion byto about the most Asia is one of and the Southeast 2050, and healthy food will need for nutritious The growing populated regions. for fisheryincrease the demand marine sources, from products whose productivity is already highlystressed by excessive fishing pressure, and toxic contamination, coastal degradation growing organic pollution, change. remains is how towards 2050, the question that Looking climate will fishery policy (and the national and international governance and which it is within legal frameworks nested) ensure a sustainable harvest, functions, and adapt to climate and ecosystem maintain biodiversity change? AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 the marine world are in danger. Under such circumstances, the depletion world are in danger. Under such circumstances, the marine crisis for environ-of fishery is not a crisis for food, but also a resources ment. years can be classified into three phases. The first phase, up until the ear- ly 1970s, saw a rapid increase in both of fishing vessels op-the number which al-oceans and advances in technology erating in the individual narrow characterized by generally lowed greater catches. The phase was coastal State maritime zones and large areas of high seas. Also, a consid- erable proportion of fisheries in the high seas fell under the jurisdiction of international or regional fishery by commissions the mid-1970s. The the mid-1970s 1990s, until the early second phase, the period from up of the and negotiations reflected the developments Third United Nations Conference on to the practices on claiming the Law of the Sea. Owing countries, coastal states extended their ju- zone from exclusive economic so that many fisheries) that areas (and risdiction out to 200 nautical miles seas came under national jurisdiction. were previously classified as high biodiversity. In recent years, fishing industry is recognized as one of the biodiversity. In recent years, fishing industry as one of the is recognized food security. influence on the would have elements which important 37530-aop_15-3 Sheet No. 21 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 21 37530-aop_15-3 37530-aop_15-3 Sheet No. 21 Side B 03/03/2016 14:10:38 sus- Oxford: in Nico in ” Governments Governments 120 121 ” It states: ERIES 122 S Our Common Future, Our Common TUDIES should be transformed to should be transformed S SIAN A ” . , Vol. 35, Nos. 2-3 (1997), pp. Nos. , Vol. 85-86. pp. 35, 2-3 (1997), utilization 119 International Law and Sustainable Development: Principles International Law and Sustainable Development: The Challenge of Sustainable High Seas Fisheries, High Challenge of Sustainable The “ ONTEMPORARY The Evolution of High-Seas Fisheries Management in the North-East High-Seas Fisheries Management in The Evolution of “ Leiden and Boston: Martinus Nijhoff Publishers, pp. 469-477.2004, Boston: Martinus Nijhoff and Leiden . In order to reach this objective, “sustainable development” is is this objective, “sustainable development” . In order to reach Ocean & Coastal Management & Ocean ” Since the mid-1980s, the concept of precautionary approach was concept of precautionary Since the the mid-1980s, Following on the concept of fisheries, of sustainable development In order to protect the environment, the precautionaryIn order to protect the environment, ap- proach shall be widely ca- applied by States according to their of pabilities. Where there are threats or irreversible serious lack of full scientific certaintydamage, as a shall not be used reason for postponing cost-effective measures to prevent envi- ronmental degradation. For the purposes of conserving and managing For the purposes marine living re- Atlantic, 120. and Development, Commission on Environment World 121. Rosemary Rayfuse, Rayfuse, Rosemary 43. p. University Press, 1987, Oxford 121. Schrijver and Friedl Weiss, eds., and Practice, 122. Rio de and Development, of the United Nations Conference on Environment Report August 1996. I), 12 (Vol. A/CONF.151/26 1992, June 3-14 Janeiro, should take this position in making their fishery in making should take this position policy rather than con- of fishing, especial- fishing capacity or the amount centrate on increasing ly1999 FAO reiterates when the the serious situation in the International Capacity. of Fishing Plan of Action for the Management 119. Sevaly Sen, Sevaly 119. 42 C 42 AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 The area defined as high seas was thus considerably was thus area definedThe and conse- reduced seas as high was the area underquently so interna- of regional and the jurisdiction commissions.tional fisheries Since the mid-1990s, high-seas fisheries has entered itsmanagement reflects the interna- This phase third phase. tional community’s Even in the high seas. about overfishing concerns has beengreater emphasis and respon- duties placed on the international conservationof all nations in the sibilities as resources, as well ocean of States, both adjacent to the fish- of cooperation between the importance them. eries and those exploiting developed through regional legal instruments for the protection of thedeveloped through regional legal terrestrial, environment, and was finallyand subsequently marine, en- 1992 Rio Declaration. shrined in Principle 15 of the another consideration that should be taken when another consideration that should be policy on fisher-making ies is the “precautionary approach tainability one of the main policy bases. is the idea that Sustainable development the generation without compromising the needs of the present “meets ability of future their own needs. generations to meet sources, traditional thought on 37530-aop_15-3 Sheet No. 21 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 21 37530-aop_15-3 37530-aop_15-3 Sheet No. 22 Side A 03/03/2016 14:10:38 43 43 EA S HINA C OUTH S 124 ISPUTES IN THE THE IN ISPUTES D ETTLEMENT OF ETTLEMENT S vation and management by sharing the vation and management obtaining and available and implementingbest scientific information techniques for with risk and uncer- dealing improved . tainty; . . conservation, management and exploitation of straddling of and exploitation management conservation, fish stocks and highly migratory stocks in order to fish resources andmarine protect the living the marine preserve environment. inadequate. The absence of adequate tain, unreliable or shall not be used as a reasonscientific information for postponing and management or failing to take conservation measures. (a) decision-making for fishery improve conser- resource EACEFUL 1. States shall apply precautionary the widely approach to 1. is uncer-States shall information cautious when be more 2. 3. precautionary In implementing the approach, States shall: Policy assessment is one of the most important parts in a policy- important Policy assessment is one of the most Based on the precautionary approach, the UNFSA the approach, precautionary on the Based only not includes Such considerations even have to be applied when a natural phe-Such considerations even have to f UNSFA states that “States shall adopt conservation and management this approach as a kind of duty as a kind of this approach to co-operate,123 the also demands but of the precautionaryapplication This approach. can be seen from Article 6 of the UNFSA: 123. Article 5(c). UNFSA, 124. Article 6(7). UNFSA, P AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 making circle. During the period of focusing on economic development on economic period of focusing making circle. During the living resources marine exploring the the and increasing and trading, However,production might be the right choice. under a globalized distinguish the complicated web of influence betweenworld, it is hard to trade and environment. So is the fishery. since we are in the Nonetheless, phase of conservingmanaging fishery and resources, and international instruments and RFMOs have already the concepts of sustain- embedded ability be the and precautionary activities, then it might into the fishing to adjust fisheries policy to a more choice and right right time environ- mental deliberation. Moreover, States bordering semi-enclosed seas, such nomenon has a significant adverse impact on the status of straddling fish- impact has a significant adverse nomenon exact language of Article fish stocks. The or highly migratory ing stocks 6 o measures on an emergency basis to ensure that fishing activity does not and that “States shall also adopt such exacerbate such adverse impact” measures on an emergency basis where fishing activity a serious presents threat to the sustainability of such stocks.” 37530-aop_15-3 Sheet No. 22 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 22 37530-aop_15-3 37530-aop_15-3 Sheet No. 22 Side B 03/03/2016 14:10:38 i- ERIES S TUDIES S SIAN A ONTEMPORARY 44 C 44 AOP 2015.3 (Do Not Delete) Delete) Not (Do 2015.3 AOP PM 3:17 2/29/2016 as the South China Sea, should have responsibilities to embed the con- the to embed responsibilities have Sea, should China South as the pol national ocean party’s every cooperation into regional of sideration the goal of sustainable cy. Moreover, fisheries management in the South by ill-organized impeded region is currently China Sea management delimitation of maritime the disputes and territori- from which originated al sovereignty a good opportunity This could be issues. all claimants for to take China Sea islands to the South fisheries sustainable management into serious consideration. 37530-aop_15-3 Sheet No. 22 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 22 37530-aop_15-3 37530-aop_15-3 Sheet No. 23 Side A 03/03/2016 14:10:38 45 45 EA EA S HINA HINA C (CNOOC) OUTH OUTH S

ISPUTES IN THE THE IN ISPUTES D ETTLEMENT OF OF ETTLEMENT S GLOSSARY OF GLOSSARY SELECTED ABBREVIATED TERMS EACEFUL EACEFUL P (ASEAN) Nations Asian Southeast of Association The (COC) Code of Conduct Corporation Oil Offshore National China’s (EEZ) Zone Economic Exclusive (FAO) Nations United the of Organization Food and Agriculture (IATTC) Commission Tuna Tropical Inter-American (ITLOS) Sea the Law of the for Tribunal International (IUU) and Unregulated Unreported, Illegal, (LME) Ecosystem Marine Large (RFMO) Organizations Management Fishery Regional (UNCLOS) Sea the of Law on the Convention Nations United (UNEP) Programme Environment Nations United (UNFSA) Stocks Fish Migratory and Highly Straddling Nations United AOP 2015.3 Delete) Not (Do 3/3/2016 12:35 PM 37530-aop_15-3 Sheet No. 23 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 23 37530-aop_15-3 37530-aop_15-3 Sheet No. 23 Side B 03/03/2016 14:10:38 37530-aop_15-3 Sheet No. 23 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 23 37530-aop_15-3 37530-aop_15-3 Sheet No. 24 Side A 03/03/2016 14:10:38 U.S.A. (410) 706-1516 (410) 706-3870 1977 Series Tel: Fax: Maryland Series Maryland 500 West Baltimore Street 500 West Baltimore Baltimore, Maryland 21201-1786 Baltimore, Maryland in Contemporary Asian Studies in Contemporary in Contemporary Asian Studies, 1977-1999) Asian in Contemporary (Formerly Occasional Papers/Reprints Series Papers/Reprints Occasional (Formerly limiting Seabed in Southeast Asia (Hungdah CHIU), 32 pp.limiting Seabed in Southeast Asia (Hungdah $3.00 lic of China (Yuan-Li WU), 45 pp.Kroef), 31 pp.Viability (Thomas J. Bellows), 22 pp. $3.00 148 pp. IndexProblems (Edited by Chun-tu HSUEH), (SONG Yook Hong), 80 Other North Pacific Fisheries Agreements $6.00 pp. $3.00 $3.00 $5.00 Chinese Attitude Toward Continental Shelf and Its Implication on De- Chinese Attitude Toward Continental Shelf Growth of the Repub- Income Distribution in the Process of Economic Maoists:Indonesian The and Perspectives (Justus M. van der Doctrines Taiwan’s Foreign Policy in the 1970s: A Case Study Adaptation and Asian Political Scientists in North America: Professional and Ethnic of 1975:The Sino-Japanese Fisheries Agreement A Comparison with (For back issues, new prices effective from October 1, 1991) new prices effective from October (For back issues, No. 1 - 1977No. 2 - 1977 ISSN 0730-0107No. 3 - 1977 ISSN 0730-0107No. 4 - 1977 ISBN 0-942182-00-6 ISSN 0730-0107No. 5 - 1977 ISBN 0-942182-01-4 ISSN 0730-0107No. 6 - 1977 ISBN 0-942182-02-2 ISSN 0730-0107 ISBN 0-942182-03-0 ISSN 0730-0107 ISBN 0-942182-04-9 ISBN 0-942182-05-7 \\jciprod01\productn\A\AOP\15-3\nex153.txt unknown Seq: 1 3-MAR-16 13:58 37530-aop_15-3 Sheet No. 24 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 24 37530-aop_15-3 37530-aop_15-3 Sheet No. 24 Side B 03/03/2016 14:10:38 $3.00 1978 Series pp. CHIU, with contri- Analysis, and Documents (Edited by Hungdah King C. Chen, Eugene bution by G. J. Sigur, Robert A. Scalapino, C. Hsiung and James W. A. Theroux, Michael Y.M. Kau, James Morley), 207 pp. Index WU and Kung-chia the Republic of China (Edited by Yuan-li YEH), 227 pp. Indexwan (Jan S. Prybyla), 31 pp. $5.00 $3.00 $5.00 $3.00 People’s Republic of China: Republic People’s 22 pp. Heuser), (Robert A Case Study of Documents Edwards, Translation (Randle tencing Documents CHIU), 67 pp. Edwards and Hungdah by Randle Wai-lim YIP), 126 pp. $3.00 of In- Conference of the American Society ceedings of a Regional Simon), by Hungdah CHIU and David ternational Law (Edited 217 pp. IndexRelations, 62 pp.ployment Policy, 24 pp. $5.00 $8.00 $3.00 $3.00 Indian Ocean Politics:Ocean Indian (K.P. Misra), 31 An Asian-African Perspective Republic of China:Normalizing Relations with the People’s Problems, Growth, Distribution, and Social Change: of Essays on the Economy The Societal Objectives of Wealth, Growth, Stability, and Equity in Tai- Foreign Trade Contracts Between West German Companies and the and Companies West German Between Contracts Trade Foreign with Appended Sen- in China, on Crime and Punishment Reflections Chinese Arts and Literature: Recent Trends (Edited by A Survey of — Pro- of China Trade and Investment Legal Aspects of U.S.-Republic Paper:Position Assembly American Asian I. A Review of U.S. China Paper:Position Assembly American Asian II. A Review of U.S. Em- No. 1 - 1978 (13)No. 2 - 1978 (14) ISSN 0730-0107 ISSN 0730-0107 ISBN 0-942182-12-X No. 3 - 1978 (15) ISBN 0-942182-13-8 No. 4 - 1978 (16) ISSN 0730-0107 ISBN 0-942182-14-6 ISSN 0730-0107 ISBN 0-942182-15-4 No. 7 - 1977 7 - No. No. 8 - 1977 ISSN 0730-0107No. 9 - 1977 ISBN 0-942182-06-5 ISSN 0730-0107No. 10 - 1977 ISBN 0-942182-07-3 ISSN 0730-0107No. 11 - 1977 ISSN 0730-0107 ISBN 0-942182-08-1 No. 12 - 1977 ISBN 0-942182-09-X ISSN 0730-0107 ISSN 0730-0107 ISBN 0-942182-10-3 ISBN 0-942182-11-1 \\jciprod01\productn\A\AOP\15-3\nex153.txt unknown Seq: 2 3-MAR-16 13:58 37530-aop_15-3 Sheet No. 24 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 24 37530-aop_15-3 37530-aop_15-3 Sheet No. 25 Side A 03/03/2016 14:10:38 1979 Series CHIU), 54 pp. 20 pp.Chinese Legal Documents (Hungdah CHIU), (Jack C. Young), 65 pp.China Relations in Civil Air Transport $4.00 $5.00 Tay), 108 pp.(Hungdah CHIU), 49 pp. $4.00 talism, 1949-1957 (Thomas N. Thompson), 80 pp. Index $5.00 $4.00 $5.00 Tse-Tung’s Influence (Shao-chuan LENG), 18 pp. LENG), (Shao-chuan Influence Tse-Tung’s CHIU), 35 pp. (Hungdah Province Documents $3.00 nori Tomatsu), 45 pp. $3.00 40 pp.Changes (Robert Simmons), Index $4.00 $4.00 $4.00 Asian Immigrants and Their Status in the U.S. (Edited by Hungdah Asian Immigrants and Their Status in Earthquake Revealed by a Social Disorder in Peking After the 1976 of U.S.-People’s Republic of The Dragon and the Eagle — A Study by Wai-lim YIP and William Chinese Women Writers Today (Edited the People’s Republic of China Certain Legal Aspects of Recognizing Firms:Foreign of Nationalization China’s The Politics of Hostage Capi- The Role of Law in the People’s Republic of China as Reflecting Mao Reflecting China as of People’s Republic in the of Law The Role Criminal Punishment in : Yunnan A Study of Some W. Beer and Hide- Law (Lawrence the Study of Japanese A Guide to and Mayaguez Incidents:The Pueblo, EC-121, Some Continuities and 82 pp. Policy and Strategy (Yong Soon YIM), Two Korea’s Unification No. 1 - 1979 (22)No. 2 - 1979 (23) ISSN 0730-0107No. 3 - 1979 (24) ISSN 0730-0107 ISBN 0-942182-21-9 No. 4 - 1979 (25) ISSN 0730-0107 ISBN 0-942182-22-7 No. 5 - 1979 (26) ISSN 0730-0107 ISBN 0-942182-23-5 No. 6 - 1979 (27) ISSN 0730-0107 ISBN 0-942182-24-3 ISSN 0730-0107 ISBN 0-942182-25-1 ISBN 0-942182-26-X No. 5 - 1978 (17)1978 5 - No. (18)No. 6 - 1978 ISSN 0730-0107 (19)No. 7 - 1978 ISSN 0730-0107 ISBN 0-942182-16-2 No. 8 - 1978 (20) ISSN 0730-0107 ISBN 0-942182-17-0 No. 9 - 1978 (21) ISSN 0730-0107 ISBN 0-942182-18-9 ISSN 0730-0107 ISBN 0-942182-19-7 ISBN 0-942182-20-0 \\jciprod01\productn\A\AOP\15-3\nex153.txt unknown Seq: 3 3-MAR-16 13:58 37530-aop_15-3 Sheet No. 25 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 25 37530-aop_15-3 37530-aop_15-3 Sheet No. 25 Side B 03/03/2016 14:10:38 1981 Series 1980 Series inal Justice System (Hungdah CHIU), 31 pp. $3.00 (Charles Cochran and Hungdah CHIU), 130 pp. Index 130 CHIU), and Hungdah Cochran (Charles $4.00 200 pp. IndexCHIU and Karen Murphy), 17 pp.(James C. Hsiung), Prospects (Joanne Finegan), 61 pp.gies and South Asian $7.00 $4.00 FA), 200 pp. Indexand American Constitutional Law (Jyh-pin $6.00 China (Hungdah CHIU), 34 pp. $3.00 16 pp.& Ka-che YIP), 115 pp. 45 pp.(1979-1980) (Edited by John F. Copper), $4.00 $4.00 $5.00 $3.00 Structural Changes in the Organization and Operation of China’s Crim- U.S. Status of Force Agreement with Asian Countries: with Agreement Status of Force U.S. Selected Studies pp. F. Copper), 45 Aid in 1978 (John China’s Foreign Hungdah and Normalization (Edited by The Chinese Connection $4.00 of U.S. China Policy:The Conceptual Foundations A Critical Review and the Nuclear Proliferation Treaty:Policy, Proliferation U.S. Strate- Under Nationalist Chinese A Comparative Study of Judicial Review in the People’s Republic of Certain Problems in Recent Law Reform Codes (Hungdah CHIU), China’s New Criminal & Criminal Procedure Relations:Foreign China’s Selected Studies (Edited by F. 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(out of print) $4.00 People’s Daily $8.00 $3.00 $8.00 18 pp. (out of print) (out of 18 pp. 22 pp. Joanne CHANG), (Jaw-Ling A. Silk), 32 pp.in Murky Waters (Mitchell $3.00 $3.00 $3.00 (Shuhua CHANG), 205 pp.van der Kroef), 73 pp. $8.00 $3.00 From Tradition to Modernity:to Tradition From Socio-Historical Interpretation on A in Korea and International Law (Byung-Hwa Peace and Unification Foreign Policy (Hungdah The Hong Kong Agreement and American United States-China Normalization: of Foreign Policy An Evaluation Integration:Communications and China’s National of An Analysis The 1982 Chinese Constitution and the Rule of Law (Hungdah CHIU), of Law (Hungdah the Rule and Constitution Chinese The 1982 Style:Peking’s Negotiating Normalization study of U.S.-PRC A Case Protection Law: Environmental China’s Marine Creeping Dragon The Since Aquino: and the United States (Justus M. The Philippine Tangle No. 1 - 1986 (72)No. 2 - 1986 (73) ISSN 0730-0107No. 3 - 1986 (74) ISBN 0-942182-74-X ISSN 0730-0107No. 4 - 1986 (75) ISSN 0730-0107 ISBN 0-942182-75-8 Studies in East Asian Law and Politics (Hardcover edition published in Maryland ISSN 0730-0107Series, No. 7. ISBN 0-942182-78-2) ISBN 0-942182-76-6 No. 5 - 1986 (76) ISBN 0-942182-77-4 ISSN 0730-0107 ISBN 0-942182-79-0 $12.00 No. 4 - 1985 (69)1985 4 - No. (70)No. 5 - 1985 ISSN 0730-0107 (71)No. 6 - 1985 ISSN 0730-0107 ISBN 0-942182-71-5 ISSN 0730-0107 ISBN 0-942182-72-3 ISBN 0-942182-73-1 \\jciprod01\productn\A\AOP\15-3\nex153.txt unknown Seq: 8 3-MAR-16 13:58 No. 6 - 1986 (77) ISSN 0730-0107 ISBN 0-942182-80-4 37530-aop_15-3 Sheet No. 27 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 27 37530-aop_15-3 37530-aop_15-3 Sheet No. 28 Side A 03/03/2016 14:10:38 1988 Series 1987 Series 1987 Comparative Analysis (Clyde D. Stoltenberg and David Comparative Analysis (Clyde D. Stoltenberg 1987 (Hungdah CHIU), 41 pp.20 pp.Cohen), 103 pp. (out of print)ating Behavior (with text of 1887 Protocol and 1987 Declaration) $3.00 (Jaw-ling Joanne CHANG), 37 pp. $5.00 $3.00 $3.00 (Benjamin Chin), 40 pp.(Benjamin of Jaw-ling Jo- with the assistance by Hungdah CHIU, 1986 (edited pp.anne CHANG), 222 IndexNathan), 24 pp.25 pp. $3.00 Taiwan: A W. McClure), 54 pp. $8.00 150 pp.1986/1987 (Ta-Ling LEE and John F. 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New York: Praeger Criminal Justice in Post- . Charlottesville, Virginia: Uni- .York:New Praeger Publishers, A . Baltimore, Maryland: Maryland University of POLITICS SERIES POLITICS Agreements of the People’s Republic of China, A Agreements of the China and the Taiwan Issue China and the Taiwan . Baltimore, Maryland: of Maryland University Legal Problems of Seabed Boundary Delimitation in Legal Problems of Seabed Boundary .York:New Albany, State University of New York The People’s Republic of China, International Law and The People’s Republic Division of Holt, Rinehart and Winston/CBS, Inc., 1981.Rinehart and Winston/CBS, Inc., Division of Holt, 329 pp. by the Greenwood Press) (Now distributed ISBN 0-03-059443-XArms Control School of Law OPRSCAS*, 1983. pp. 325 ISBN 0-942182-59-6 $49.95 $15.00 Publishers, A Division of Holt, Rinehart and Winston/CBS, Inc., of Holt, Rinehart and Winston/CBS, Publishers, A Division 1979. 295 pp. distributed by the Greenwood Press) (Now ISBN 0-03-048911-3 1966-1980 Calendar of Events the East China Sea $49.95 School of Law, 1984. 308 pp. ISBN 0-942182-63-4ter the 1911 Hsin-hai Revolution versity Press of Virginia, 1984. 600 pp. the Committee on Asian Stud- (Published under the co-auspices of ies, University of Virginia.) ISBN 0-8138-1027-7Mao China Press, 1985. 325 pp. Committee on Asian Studies, (Published under the co-auspices of University of Virginia.) ISBN 0-87395-950-7 (hardcover)ISBN 0-87395-948-5 (paperback) $15.00 $35.00 $74.50 $24.95 MARYLAND STUDIES IN EAST ASIAN LAW AND ASIAN EAST IN STUDIES MARYLAND (The following books are published under the auspices or co- published under books are (The following of the Univer- Legal Studies Program of the East Asian auspices Law. School of sity of Maryland each in expressed views The the author. only those of book reflect in books published All unless otherwise indicated.) hard cover edition, * has Occasional Papers/Reprints Series in Contemporary Asian Studies, Inc. (It been changed to Maryland Series in Contemporary Asian Studies, MSCAS), 500 West been changed to Maryland Series in Contemporary Baltimore St., Baltimore, Maryland 21201-1786.410-706-3870) (Tel. \\jciprod01\productn\A\AOP\15-3\mld153.txt unknown Seq: 24 3-MAR-16 13:58 3. David Salem, 4. Ying-jeou MA, 1. CHIU, Hungdah 2. Hungdah CHIU, 5. Hungdah CHIU and Shao-chuan LENG, editors, 6. Shao-chuan LENG and Hungdah CHIU, 37530-aop_15-3 Sheet No. 35 Side B 03/03/2016 14:10:38 Side B 03/03/2016 Sheet No. 35 37530-aop_15-3 37530-aop_15-3 Sheet No. 36 Side A 03/03/2016 14:10:38 . Hong Tiananmen: The Future of Baltimore, Mary- Baltimore, . Westport, CT: Green- The United States Constitu- The United States . Washington, D.C.: U.S. Environmental Law and Policy in Law and Policy Environmental United States-China Normalization: States-China United An Taiwan Trade and Investment Law . Baltimore, Maryland: Maryland University of Oxford University Press, 1994. 693 pages. .CT:Westport, 1987. Press (Quorum Books), Greenwood Evaluation of Foreign Policy Decision Making. Policy Decision Foreign of Evaluation land: 1986. OPRSCAS, of Law School of Maryland University 246 pp. Univer- Affairs, in World Series Monograph with (Copublished sity of Denver) ISBN 0-942182-78-2 $12.00 China 449 pp. ISBN 0-89930-204-1Kong: $75.00 ISBN 0-19-585289-3 $59.00 Hong Kong:Hong 1997 and Beyond Toward Books), 1987.wood Press (Quorum 262 pp. ISBN 0-89930-241-6 After- Democracy—Its Prelude, Development, China’s Struggle for math, and Impact School of Law OPRSCAS, 1990. pp. 314 Index ISBN 0-925153-08-7 $55.00 $14.00 tion and Constitutionalism in China tion and Constitutionalism 1988.Global Strategy Council, 166 pp. Distributed by OPRSCAS, Paper. $8.00 7. CHANG, Joanne Jaw-ling 8. A. Silk, Ross and Mitchell Lester \\jciprod01\productn\A\AOP\15-3\mld153.txt unknown Seq: 25 3-MAR-16 13:58 9. CHIU, Y.C. JAO and Yuan-li WU, editors, Hungdah 10. Hungdah CHIU, eds., Ray S. Cline and 12. Mitchell A. Silk, ed., 11.YANG and Marsha L. Wagner, eds., Winston L.Y. 37530-aop_15-3 Sheet No. 36 Side A 03/03/2016 14:10:38 Side A 03/03/2016 Sheet No. 36 37530-aop_15-3 37530-aop_15-3 Sheet No. 36 Side B 03/03/2016 14:10:38 ORDER FORM ORDER copy(s) of invoice/receipt required. (Institution/ ------Please start my subscription of the MSCAS: Starting year Please start my subscription of the Please Send: ISBN Title No. of Copies library may request billing before making payment) library may request billing before making of $8.00 for one For individual order, please add postage/handling copy.copy and $4.00 for each additional Make checks payable to MSCAS. Please send books to: Contact Name Corporation/Library/Institution Address (Please include zip code) Country Subscription price is U.S. $50.00 per year for 4 issues in the U.S. and Subscription price is U.S. $50.00 per (regardless of the price of $60.00 for Canada, Mexico or overseas individual issues). 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