China’s position and claims Sample Clauses

China’s position and claims. The position of China in the region and world-wide in matters of geopolitics and international law relating to maritime issues has long time been far from certain (Zha 2001). China has the most extensive claims in the South China Sea and is involved in nearly all of the conflicts. China’s claims in the South China Sea are founded on historical records and maps that uphold that first, China discovered the island groups in the South China Sea; and second, the islands have been occupied and developed by Chinese people first (Xxxxxx & Amer 2007: 307). Chinese maps published since 1953 have specified by a nine-dotted boundary line the Chinese territorial sphere and its “historic rights” of sovereignty over almost the entire body of the South China Sea (Li 2004).2 However, it has been long time uncertain whether this line depicts Chinas maritime boundary or whether China claims to sovereignty only apply to the island groups and their adjacent waters and not the entire body within the line (Li 2004). If the Chinese claims refer only to the development of resources, negotiation over establishing a resource regime to solve the conflict seems to be more feasible; if, on the other hand, sovereignty issues are involved, finding solutions will be more complicated (Xxxxxxxxx 2003: 349). A further point of debate concerning China’s territorial claims in the South China Sea is the controversial definition of China’s “historic rights or waters”. According to the United Nations International Law of the Sea (UNCLOS), historic waters can be regarded as internal waters and imply that the rights of a state over these waters are exclusive. Claiming states can put restrictions on the navigation of foreign vessels within historic waters. Besides, international diplomacy acknowledges ‘traditional’ rights of local fishermen, which implies a step back from the legalistic approach to drawing lines as dictated by such regimes as the UNCLOS (Zha 2001). However, it was not until the 1970s that China launched major activities to establish a presence in the South China Sea and as foreign vessels have navigated freely in the region’s waters for a long time, it has to be questioned to what extent China has made use of “its” exclusive rights and in what sense the rights can be justified to be “historic” (Zha 2001). Zou (2001) reasons that China’s historic rights differ from traditional and generally accepted definitions in so far as China claims concentrate on activities for the development o...
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