Law of the Sea - Continental Shelf
China and International Law
This blog gives a regular, and occasionally irreverent, account of the current practice of China on international law. The entries are mostly based on news reports from websites such as Xinhua, China Daily, New York Times, South China Morning Post and the PRC Foreign Ministry. In the long run, it will hopefully provide a modest basis for a comprehensive study of the Chinese practice on international law.
Tuesday, 27 July 2010
China and Japan held their first round of negotiations aimed at signing a treaty over joint gas field development in the East China Sea. Japanese Foreign Minister Katsuya Okada said, ''Both Japan and China have to make efforts to produce fruitful results." During the negotiations, China proposed resolving the issue of Japanese firms' investment in the Chunxiao gas field first, whereas Japan favors comprehensive settlement of the investment and the joint development of the Longjing field.
Monday, 26 July 2010
Territory - Spratly Islands
The beautiful islands in the South China Sea apparently are not only China's "core interest", but they have also attracted the affection of the US. While reaffirming the American neutrality over the territorial disputes, the US Secretary of State Hilary Clinton declared at an Asian regional security forum that "“The United States has a national interest in freedom of navigation, open access to Asia’s maritime commons and respect for international law in the South China Sea.” She offered to facilitate multilateral talks on the issue, referring repeatedly to the need to settle the rival territorial claims under international law - including the UN Convention on the Law of the Sea, a treaty to which the US itself is not a party, - and "existing Asean principles". She also said, ""Legitimate claims to maritime space in the South China Sea should be derived solely from legitimate claims to land features." While the US position won the support of many Asean countries, Chinese FM Yang Jiechi warned that US involvement would increase regional tensions.
Labels: Territory; Spratly Islands
Sunday, 25 July 2010
Diplomatic Immunity
Hong Kong
Officers from 29 of Hong Kong's 59 consulates invoked consular immunity since 2005 to have 94 fines (worth at least HK$30,000) waived. Hungary, Russia and Israel top the list. Good news is the number is on the decline in recent years.
Labels: Diplomatic Immunity; Hong Kong
Friday, 23 July 2010
Statehood - Secession
Dispute Settlement
The International Court of Justice issued an advisory opinion saying that Kosovo’s unilateral declaration of independence from Serbia in 2008 did not violate international law. China, which filed its pleading for the first time in the case, said it had taken note of the ruling. An FM spokesman said China has consistently held that state sovereignty and territorial integrity is a fundamental principle of contemporary international law and the basis of today's international legal order, and that the involved parties should seek a solution to the Kosovo issue acceptable to all through dialogue and within the framework of related UN Security Council resolutions.
Tuesday, 20 July 2010
State Immunity
Hong Kong
Hong Kong's highest court will hear the appeal in the case raising the application of restrictive immunity doctrine in Hong Kong and may consider referring the matter to the national legislature for its interpretation.
Labels: State Immunity; Hong Kong
Wednesday, 14 July 2010
Jurisdiction
Hong Kong
Parents of four babies affected by tainted dairy products in mainland China sued in Hong Kong's Small Claims Tribunal a Hong Kong company which was a major shareholder of the now-bankrupt Sanlu Dairy Group, the manufacturer of melamine-laced diary products. The Tribunal dismissed their claim saying mainland courts would be a better place to pursue the claims as the entire food-safety saga had taken place on the mainland.
Labels: Jurisdiction; Hong Kong
Friday, 9 July 2010
Terrorism
After praising all along the Uighur activists fighting Chinese rule in Xinjiang as peace lovers for a just cause, now at least two Western countries, Norway and Germany, discovered that some Uighur militants that China had been trying to crackdown were friends of Al Qaeda bent on attacking not only China but also the West. Police arrested three members of the Turkestan Islamic Party in Norway and Germany who were accused of orchestrating a terrorist bomb plot.
Labels: terrorism
Sunday, 4 July 2010
Territory - Spratly Islands
When too many things are labelled "core interest", it's no longer a core, but more properly a ... bundle! Chinese officials reportedly told the US that they considered the South China Sea as part of China's "core interest" of sovereignty. This would add to the list of Taiwan, Tibet and Xinjiang, issues on which China would persistently refuse to give any concession. But this would make no sense at all, since territorial sovereignty over the islands on the South China Sea is disputed among multiple states and China's claim to them is much weaker, legally and politically, than those to other "core interest" areas.
Labels: Territory; Spratly Islands
Law of the Sea
A senior Chinese military official said China is strongly opposes a joint military drill between the US and South Korea in the Yellow Sea, because "it is in the Yellow Sea, ... very close to China's waters."
Labels: law of the sea
Friday, 2 July 2010
Trade
Taiwan
Mainland China and Taiwan signed the Economic Co-operation Framework Agreement which lowers import tariffs on about 800 items, with talks expected on thousands more, and which is expected to boost two-way trade by US$100 billion. After the deal was made, Taiwan declared its plan to seal free-trade pacts with other countries.
Labels: Trade; Taiwan