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CMSI Quarterly Review

Authors

Guo Yuan

Abstract

This article examines China's consistent views and positions during the UNCLOS conferences regarding territorial seas, EEZs, and continental shelves, noting that these positions reflected Chinese maritime law practice and the developing world's desire to expand rights. It highlights China’s 1958 Statement on Territorial Waters establishing a 12nm territorial sea over all Chinese islands, including Xisha and Nansha. China maintained that foreign naval vessels must obtain prior permission or notification before transiting through territorial waters, a position reaffirmed by China upon ratification of UNCLOS in 1996. The paper also details China’s struggle to assert sovereignty over disputed areas, citing diplomatic statements rebuking foreign violations in the East China Sea and South China Sea.

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