Statement of China on China' s Territorial Sovereignty and Maritime Rights and Interests in the South China Sea
2018-05-06 1250
- Statement of the Government of China on China' s Territorial Sovereignty and Maritime Rights and Interests in the South China Sea
Area of Law: Foreign Affairs- Level of Authority: Regulatory Documents of the State Council
- Date issued:07-12-2016
- Effective Date:07-12-2016
- Status: Effective
- Issuing Authority: State Council
Statement of the
Government of China on China' s Territorial
Sovereignty and Maritime Rights and Interests in the South China Sea
(July 12, 2016)
Statement of the Government of the People' s Republic of China on China' s
Territorial Sovereignty and Maritime Rights and Interests in the South China
Sea
To reaffirm China' s territorial sovereignty and maritime rights and interests
in the South China Sea, enhance cooperation in the South China Sea with other
countries,and uphold peace and stability in the South China Sea, the Government
of the People' s Republic of China hereby states as follows:
I. China' s Nanhai Zhudao (the South China Sea Islands) consist of Dongsha
Qundao (the Dongsha Islands), Xisha Qundao (the Xisha Islands), Zhongsha Qundao
(the Zhongsha Islands) and Nansha Qundao (the Nansha Islands). The activities
of the Chinese people in the South China Sea date back to over 2,000 years ago.
China is the first to have discovered, named, and explored and exploited Nanhai
Zhudao and relevant waters, and the first to have exercised sovereignty and
jurisdiction over them continuously, peacefully and effectively, thus
establishing territorial sovereignty and relevant rights and interests in the
South China Sea.
Following the end of the Second World War, China recovered and resumed the
exercise of sovereignty over Nanhai Zhudao which had been illegally occupied by
Japan during its war of aggression against China. To strengthen the
administration over Nanhai Zhudao, the Chinese government in 1947 reviewed and
updated the geographical names of Nanhai Zhudao, compiled Nan Hai Zhu Dao Di Li
Zhi Lue (A Brief Account of the Geography of the South China Sea Islands), and
drew Nan Hai Zhu Dao Wei Zhi Tu (Location Map of the South China Sea Islands)
on which the dotted line is marked. This map was officially published and made
known to the world by the Chinese government in February 1948.
II. Since its founding on 1 October 1949, the People' s Republic of China has
been firm in upholding China' s territorial sovereignty and maritime rights and
interests in the South China Sea. A series of legal instruments, such as the
1958 Declaration of the Government of the People' s Republic of China on China'
s Territorial Sea, the 1992 Law of the
People' s Republic of China on the Territorial Sea and the Contiguous Zone,
the 1998 Law of the People' s Republic of
China on the Exclusive Economic Zone and the Continental Shelf and
the 1996 Decision of the Standing Committee of
the National People' s Congress of the People' s Republic of China on the
Ratification of the United Nations Convention on the Law of the Sea,
have further reaffirmed China' s territorial sovereignty and maritime rights
and interests in the South China Sea.
III. Based on the practice of the Chinese People and the Chinese government in
the long course of history and the position consistently upheld by successive
Chinese governments, and in accordance with national law and international law,
including the United Nations Convention on the Law
of the Sea, China has territorial sovereignty and maritime rights
and interests in the South China Sea, including, inter alia:
i. China has sovereignty over Nanhai Zhudao, consisting of Dongsha Qundao,
Xisha Qundao, Zhongsha Qundao and Nansha Qundao;
ii. China has internal waters, territorial sea and contiguous zone, based on
Nanhai Zhudao;
iii. China has exclusive economic zone and continental shelf, based on Nanhai
Zhudao;
iv. China has historic rights in the South China Sea.
The above positions are consistent with relevant international law and
practice.
IV. China is always firmly opposed to the invasion and illegal occupation by
certain states of some islands and reefs of China' s Nansha Qundao, and
activities infringing upon China' s rights and interests in relevant maritime
areas under China' s jurisdiction. China stands ready to continue to resolve
the relevant disputes peacefully through negotiation and consultation with the
states directly concerned on the basis of respecting historical facts and in
accordance with international law. Pending final settlement, China is also
ready to make every effort with the states directly concerned to enter into
provisional arrangements of a practical nature, including joint development in
relevant maritime areas, in order to achieve win-win results and jointly
maintain peace and stability in the South China Sea.
V. China respects and upholds the freedom of navigation and overflight enjoyed
by all states under international law in the South China Sea, and stays ready
to work with other coastal states and the international community to ensure the
safety of and the unimpeded access to the international shipping lanes in the
South China Sea.