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Zou Keyuan

The safety of navigation remains an issue in the sense that navigation through the South China Sea is essential for world seaborne trade and communications, and the lingering territorial and maritime disputes would constitute a threat to the safety of navigation there. In recent years, the term ‘freedom of navigation’ has become a pivotal expression in the rivalry between China and the United States in the South China Sea. This paper starts with addressing the international legal framework concerning navigation, followed by state practice in the South China Sea, including domestic legislation and safety measures. It then discusses the issue of military activities in the exclusive economic zone and their implications for the freedom of navigation. The paper identifies several issues connected to navigation, such as the U-shaped line, law enforcement patrols, and the recent South China Sea Arbitration. A brief conclusion is provided at the end.

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Zou Keyuan

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Zou Keyuan

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ZOU Keyuan

Abstract

The Charter of the United Nations designates the United Nations Security Council (UNSC) as one of the principal organs of the United Nations, assuming the “primary responsibility for the maintenance of international peace and security”. It has the power to determine the existence of any threat to the peace, breach of the peace, or act of aggression, to make recommendations, and decide what measures should be taken to maintain or restore international peace and security. This article addresses a number of issues concerning how the UNSC Resolutions are enforced at sea in accordance with applicable international law and makes special reference to the circumstances in East Asia, particularly the Korean Peninsula.

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Zou Keyuan

Abstract

The political situation in the South China Sea is complicated, as it contains potential for conflict with different national interests, in particular around the Spratly Islands which are currently under multiple territorial and maritime claims. This article argues for a new proposal of joint development, at least as a provisional means, pending the settlement of the territorial and maritime disputes, involving all the parties concerned, based on the 1982 United Nations Convention on the Law of the Sea and the 2002 Declaration on the Conduct of the Parties in the South China Sea Between the Association of Southeast Asian Nations (ASEAN) and China, so as to pave the way for the sharing of resources between ASEAN members and China on the one hand and to maintain regional peace and security in East Asia on the other.

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Zou Keyuan

Abstract

The Taiwan Strait is a critical corridor connecting the East China Sea to the South China Sea. The divided status of China as a result of the civil war in 1949 has made the situation in the Taiwan Strait complicated and uncertain. After the UN Convention on the Law of the Sea (LOS), the legal status of the Taiwan Strait has been changed from a strait embodying high seas waters to a strait only with waters under national jurisdiction of China. The waters within the Strait may be divided into several sea zones in accordance with the LOS Convention, i.e., the internal waters, territorial sea and EEZ/continental shelf. Due to the difference among the sea zones, the navigational waterways within the Taiwan Strait are subject to different legal rules. Thus cross-Strait co-operation between mainland China and Taiwan is necessary to manage the Taiwan Strait and human activities therein.

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Zou Keyuan

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Zou Keyuan

Abstract

China's traditional maritime boundary line, commonly known as the U-shaped line in the South China Sea, has been queried frequently in various circles, whether governmental or academic, on its real meaning. This article addresses the legal implications of this line for the Spratly Islands dispute, including, inter alia, the origin and evolution of the line, China's attitude towards and practice relating to the line, reactions from other South China Sea countries, the relevance of the line to the concept of historic waters and other law of the sea concepts, and the potential role to be played by the line in the future delimitation of maritime boundaries in the South China Sea.

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Zou Keyuan

Abstract

Marine affairs have a long history and tradition in China as it is a major coastal state. In the early 1980s, China began its efforts towards the establishment of a marine legal system. However, there have been a number of problems with China's marine legislation and enforcement. The entry into force of the LOS Convention and China's ratification in May 1996 have produced new opportunities as well as challenges in establishing China's marine legal system. This article attempts to review the existing elements of the Chinese marine laws and regulations, to examine them in the context of international treaties, particularly the LOS Convention, and finally to indicate the general trends of development in the construction of China's marine laws and regulations so as to establish and improve its marine legal system.