The Abstracts of Vol.5,2022
Releasing Time：10.08.2022Source：亚非发展研究所英文
China´s Contribution to Shaping the International Legal Order for the Seas and Oceans： Commemorating the 40th Anniversary of the Opening for Signature of the UNCLOS
Jia Yu
The third United Nations Conference on the Law of the Sea is the most important international legislative event that the People´s Republic of China has participated in after the restoration of its legitimate seat in the United Nations. China firmly supported the reasonable claims of the developing countries to expand maritime jurisdiction, opposed maritime hegemony, resolutely safeguarded national sovereignty, security, maritime rights and interests, adhered to its principles and positions on the key issues of the law of the sea that are of core concern, and played a significant role in the formulation of the United Nations Convention on the Law of the Sea (UNCLOS). China also played an important role in the follow-up legislative activities directly related to UNCLOS, and the proposal on the size of mining areas facilitated the smooth adoption of the cobalt-rich crust regulation. China´s constructive proposals on the implementation of the relevant provisions of the coastal states´ submission on the continental shelf beyond 200 nautical miles contributed to the arrangement of the “preliminary information”. During the third UN Conference on the Law of the Sea, the formulation of the UNCLOS and relevant legislation processes in the post-UNCLOS era, China reviewed the situation and took active actions, contributing wisdom and solutions to shaping and improving the international maritime legal order.
Indo-Pacific or Asia-Pacific?——Spatial Evolution, Geographic Reorganization and the Future of Regional Order
SunXingjie
Since the launch of the Indo-Pacific Strategy,“Indo-Pacific” has become the dominant concept in policy and academic discourse, and is poised to replace “Asia-Pacific”. Although the words Asia-Pacific and Indo-Pacific are similar, the spatial order they refer to is very different, as “Indo-Pacific” is an extension and coverage of the Euro-Atlantic order in the Asia-Pacific region, while Asia-Pacific is a product of the spontaneous evolution of the Asia-Pacific order. In modern times, the colonial order imposed on the Pacific by the Euro-Atlantic order collapsed and disintegrated during the violent revolutions and wars of the 20th century. The inertia of the concept and scheme of the Indo-Pacific space or Pacific order remains, which was “designed” based on the need for hegemony of the powers, and is the spatial and temporal context for the creation and evolution of the Asia-Pacific order. The Asia-Pacific regional order is a nesting and superposition of global space, regional interaction, great power politics and national identity. Under globalization, the Asia-Pacific order has the potential to transcend and overcome the logic of the zero-sum game of the Euro-Atlantic order, to create a new cooperation-oriented common identity in a network of interconnectedness, to build an inclusive cooperation field for all parties, and to provide a new “frontier” for strategic competition among major powers.
An Analysis on Maritime Jurisdiction Claims and Maritime Delimitation Negotiation between
China and Republic of Korea in the South Yellow Sea
Qi Huaigao
There are similarities and differences between China and the Republic of Korea (ROK) on the claims to maritime jurisdiction. The breadth of the territorial sea, the contiguous zone, the exclusive economic zone, and the continental shelf, claimed by the two states are the same. But the two states have different legislation providing for baselines.China and the ROK have officially started intergovernmental negotiations for maritime delimitation since 2015. By November 2021, the two states have held two vice minister-level official meeting and nine director-general-level meetings on the delimitation of the maritime boundaries. China and the ROK reached a preliminary agreement on the limits of the first-stage maritime delimitation area that does not involve a third party. At the same time, the maritime delimitation in the South Yellow Sea (SYS)is facing four challenges: first, the two states are divided about what circumstances should be relevant circumstances by usinga three-stage approach; second, the two states challenge the effect ofeach other´s outmost islands and islets; third, the two states are in dispute over fisheries resources in the SYS; and fourth, the two states are controversial with the jurisdiction of the Suyan Rock/Ieodo. If the two states can accept the three-stage approach, China should argue relevant circumstances requiring adjustment of the provisional equidistance line in the second stage of the three-stage approach. China will probably argue that the potential delimitation line should move toward the ROK from the provisional equidistance line. The two states will have to comprehensively consider legal, political, and economic elements on maritime delimitation in the future.
Fishery Interaction between China and Japan in East Asian Sea Area and its Prospects
Chen Xiuwu
After the normalization of diplomatic relations between China and Japan in 1972, the fishery interaction between the two countries in East Asian sea area also moved toward normalization. Over the past 50 years, fishery interaction, as an organic composition of Sino-Japanese relations, has experienced a process from non-governmental to government-led and then under the framework of the United Nations Convention on the Law of the Sea. Against the background of the changes in China-Japan relations, after the “collision incident” in 2010, the fishery interaction between China and Japan was carried out under the situation of “fighting without breaking” and “containment and hedging” in bilateral relations, characterized by the harsh entry conditions proposed by the Japanese government for Chinese fishing boats. In order to alleviate this situation, China and Japan should actively make use of the civil organizations of the two countries, the United Nations Ocean Conference and relevant resolutions, as well as the international maritime security cooperation and dialogue mechanism, strive to reach consensus on “security and trust”, and get out of the “security dilemma” of China-Japan relations and the fishery dilemma at an early date.
The Analysis of the Linkage about Economic Security Policy in The United States, EU and Japan
Ge Jianhua
Against the backdrop of the COVID-19 pandemic, the world has undergone unprecedented changes in a century, the United States, EU and Japan have stepped up efforts to formulate economic security policies in bilateral, trilateral and multilateral fields as an important part of the framework for competition among major powers, and coordinate economic and security policies. It tries to lead the reshaping of international economic rules and international economic order through linkage, and enhance its dominance and influence in the field of international security. By sorting out the process and characteristics of the United States, EU and Japan´s formulation of relevant economic security laws and policies, it can be seen that their economic security policies are linked. In the early days, it was led by the United States and supplemented by EU and Japan. Now, EU and Japan have formulated some more “radical” economic security policies on the grounds of strategic autonomy. These policies either comply with the US´s policy, or affect the United States with their originality. The general trend is that the views and positions of the United States, EU and Japan are increasingly converging. At the same time, China has been shaped as a challenger to the so-called “rules-based international order”. The three states are striving to form a situation of containing China.
The Operation of Japanese NGOs in Myanmar and the Experiences China Could Learn
Liu Zhe
With Japan´s official development assistance (ODA) projects after World War II and the rise of the wave of internationalization, Japanese non-governmental organizations (NGOs) have developed rapidly and formed a fixed cooperation mechanism with the Japanese government. As an essential part of the unique diplomatic relations between Japan and Myanmar, Japanese non-governmental organizations follow the development track of Japan-Myanmar relations, uphold the concept of “soft aid” in the specific operation, respond to the actual needs of Myanmar society, and play a role in promoting the livelihood and development of Myanmar, shaping norms and values, supervising and restricting government decision-making, guiding and mediating official diplomacy. Non-governmental organizations have made up for the functional defects of Japan´s official diplomacy, played an important role in Japan´s regional strategy and soft power construction, and provided inspiring experiences for the construction of Chinese non-governmental organizations and their participation in global governance.