Japan-Philippines sea talks plan slammed

A Chinese think tank has released a legal opinion condemning the decision of Japan and the Philippines to initiate maritime delimitation talks related to the waters east of China's Taiwan Island, saying that the move "constitutes an internationally wrongful act" because it bypasses China, which is a direct stakeholder.

The legal opinion, released by the Beijing-based China Institute for Marine Affairs under the Ministry of Natural Resources, said that Japan and the Philippines announced the talks without consultation with China and in disregard of the region's specific geographical circumstances. The move violates the principles of sovereign equality, good faith, cooperation and self-restraint under international law, it said.

The Chinese Foreign Ministry had condemned the move shortly after Japan and the Philippines announced the proposed talks on May 28 during Philippine President Ferdinand Marcos Jr's visit to Japan.

Ministry spokeswoman Mao Ning said the move severely violates China's maritime rights and interests and the United Nations Convention on the Law of the Sea, or UNCLOS. She added that China has lodged solemn representations with both countries.

Relevant Chinese authorities have voiced firm opposition to the proposed talks, with the China Coast Guard and other maritime bodies conducting patrols in waters east of Taiwan Island in recent days.

Addressing a news conference on Thursday, Zhu Fenglian, a spokeswoman for the State Council Taiwan Affairs Office, said the proposed delimitation negotiations are "completely illegal, null and void", adding that patrols by China Coast Guard in relevant waters are a lawful exercise of jurisdiction.

The legal opinion said that the proposed delimitation substantially overlaps with the exclusive economic zone and continental shelf to which China is entitled under both domestic and international laws. Even if Japan and the Philippines were to reach a unilateral delimitation agreement, it would have no validity under international law, and would not be binding on any third party, the report added.

Dong Shijie, an associate professor at Xiamen University in Xiamen, Fujian province, said that under UNCLOS — to which China, Japan and the Philippines are all parties — the waters east of Taiwan constitute an area of overlapping maritime entitlements involving the three countries.

"In such cases, international law calls for negotiations among relevant coastal states and efforts to make provisional arrangements pending a final agreement," Dong said. "Japan and the Philippines, by bypassing China in an area of tripartite overlapping claims, have acted contrary to UNCLOS provisions, which require maritime delimitation to be achieved by agreement on the basis of equity."

Yu Minna, an associate professor at Ocean University of China in Qingdao, Shandong province, said the legal opinion clearly demonstrates that unilateral delimitation would infringe upon China's lawful status and maritime rights in relevant waters.

"Taiwan and its affiliated islands are an inalienable part of China," Yu said. "The move not only flagrantly infringes upon China's lawful maritime rights and claims, but also seems intended to provoke the Taiwan question and defy the one-China principle."

She added that China's countermeasures do not constitute an overreaction or a change to the status quo, but are lawful actions to safeguard the country's rights.

Jin Yongming, a professor at Ocean University of China, described the report as "both a warning and a condemnation". He called the decision announced in the Japan-Philippines joint statement to launch maritime boundary delimitation nothing but a political farce. "Any attempt to incorporate the waters east of Taiwan Island into another country's continental shelf claims is simply absurd. It is a political charade with no legal basis and cannot withstand scrutiny under international law," he added.