Saturday 18 July 2009

Law of the Sea
Law of Treaties

In June 2008, China entered into a Principled Consensus with Japan which stipulates that "Chinese enterprises welcome the participation of Japanese legal person in the development of the existing oil and gas field in Chunxiao in accordance with the relevant laws of China". Somehow the Japanese Government appeared to interpret the agreement to create an obligation on China not to develop Chunxiao until a treaty is concluded to implement participation of Japanese companies, as Japanese Foreign Minister Hirofumi Nakasone expressed ''serious concerns'' to China over Chinese vessels moving around the Chunxiao gas fields. China explained that the vessels were engaged in the maintenance, not exploitation, of the gas fields. But it remains to be made clear whether the Principled Consensus is a legally binding agreement and, if so, what is the scope of the obligations undertaken by both parties.

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