Solid evidence supports China's sovereignty claim over Huangyan Island

English.news.cn 2012-05-10 21:16:29
http://news.xinhuanet.com/english/indepth/2012-05/10/c_131580634.htm

BEIJING, May 10 (Xinhua) -- Historical evidence and international laws strongly support China's sovereignty claim over Huangyan Island in the South China Sea, said an article carried by the PLA Daily Thursday.

Based on general practice in international affairs, historical evidence and laws are two inseparable factors to judge and prove a country's sovereignty over a certain territory, said the newspaper, the mouthpiece of the People's Liberation Army (PLA).

For centuries, China has claimed sovereignty over Huangyan Island while the Philippines' recent arguments were simply tricks and self-contradictions, according to the article.

CHINESE FIRST DISCOVERED HUANGYAN ISLAND

According to many historical documents, Chinese first discovered the group of reefs and islets about 550 sea miles south of Hainan Island, and the surrounding waters in the South China Sea, and named the area "Zhanghai," or the Rising Sea, as early as over 2,000 years ago.

From the Song Dynasty (AD 960-1279) to the Qing Dynasty (AD 1644-1912), Chinese called these islands "Shitang" and "Changsha," which included Huangyan Island, as part of the Zhongsha Islands.

In the 13th century, Emperor Kublai Khan of China's Yuan Dynasty assigned an astronomer named Guo Shoujing to conduct a territory survey to unify the calendar nationwide, said Li Guoqiang, deputy director of the Research Center for Chinese Borderland History and Geography of the Chinese Academy of Social Sciences, a government think tank.

Huangyan Island was chosen as one of the 27 measuring locations in the survey in 1279, which was clearly recorded in the official historical documents, said Li, quoted by the newspaper.

CHINESE HAVE LONG COLONIZED HUANGYAN ISLAND

The waters around Huangyan Island are traditional fisheries for Chinese fishermen. They have not only fished in the waters but also built docks and other facilities on the islets.

The Chinese government has also sent several expeditions to Huangyan Island. In October, 1977 and June, 1978, scientists from the South China Sea Institute of Oceanology under the Chinese Academy of Sciences twice conducted field surveys on the island.

In April, 1985, the South China Sea Branch of the State Oceanic Administration sent a research team to the island for a comprehensive investigation.

In 1994, a research team erected an 1-meter-high cement monument on the island.

CHINA HAS LONG EXERCISED JURISDICTION OVER HUANGYAN ISLAND

China's long-term effective jurisdiction over Huangyan Island offers an important proof for its sovereignty claim. There were a number of government actions involving the island, for instance, the territorial survey in the 13th century, the newspaper article wrote.

Li Hongyun, expert with the Law School of the Peking University, told the newspaper that the Chinese government officially announced the name of Huangyan Island respectively in 1935, 1947 and 1983 and all the official maps published by Chinese governments in different historical periods marked Huangyan Island as Chinese territory.

The island has been consistently under administration of China's Guangdong province first and Hainan province later. It is currently administered by the administration office for the Xisha Islands, Zhongsha Islands and Nansha Islands under Hainan province.

Since the 1970s, the Chinese government has approved many applications from foreign adventurers requesting to visit the island, Li said.

These actions are entirely official and governmental, which directly proves China's sovereignty over the island, Li said.

INTERNATIONAL TREATIES EXCLUDE HUANGYAN ISLAND FROM THE PHILIPPINES

The territory of the Philippines is set by a series of international treaties due to its special history.

Zhang Haiwen, deputy director with the China Institute for Marine Affairs, told the newspaper that all the related international treaties, including the Treaty of Paris (1898), the Treaty of Washington (1900) and the Treaty between Great Britain and the United States (1930) have stated clearly the west limit of the Philippine territory is 118 degrees east longitude, while Huangyan Island, located 117 degrees 48 minutes east longitude, is outside this limit.

Moreover, the 1946 Treaty of General Relations between the United States of America and the Republic of the Philippines, the 1952 U.S.-Philippines Mutual Defense Treaty, the 1961 Republic Act No.3046 and the 1968 Republic Act No.5446 have reaffirmed the legal effects of the above-mentioned treaties and once again expressively defined the Philippine territorial limits which never included Huangyan Island.

OFFICIAL PHILIPPINE MAPS LONG EXCLUDE HUANGYAN ISLAND

"During a rather long period, the Philippine legal documents, official papers and national maps never involve Huangyan Island," said Li Guoqiang.

Under the Philippines domestic laws and regulations, including the 1935 Constitution of the Republic of the Philippines, Huangyan Island is outside the territory of the Philippines and even the baseline points and baseline of the Philippine territorial waters have never touched upon Huangyan Island.

Philippine maps published in 1981 and 1984 also indicate that Huangyan Island is outside the country's territory.

Until 1997, the Philippines never challenged China's jurisdiction over Huangyan Island and repeatedly stated that Huangyan Island was not part of its territory.

The documents issued by the National Mapping and Resource Information Authority of the Philippines on Oct. 18, 1994, and by the Philippine Amateur Radio Association to the American Radio Relay League on Nov. 18, 1994, both confirmed that the Philippine border and sovereignty was stipulated by the Article 3 of the Treaty of Paris (1898) and Huangyan Island is outside of Philippine territory.

NO LEGAL BASIS FOR PHILIPPINES' DEMAND

The Philippines argued that Huangyan Island was its "inherent territory" because the island was in its 200-nautical-mile Exclusive Economic Zone.

Li Hongyun told the newspaper that, as a basic principle clearly stated by the United Nations Convention on the Law of the Sea, a country must have sovereignty over the land before it claims sovereignty over the adjacent sea waters.

The Philippines claimed sovereignty over the waters before making a claim for the land, which was obviously wrong, Li said.

It recently claimed sovereignty over Huangyan Island on the basis of exercising jurisdiction on the island and cited the case of the Island of Palmas, which confirmed the principle that a country could claim sovereignty for its long-term and effective jurisdiction over the land.

"China agrees on the principle and, it is based on the principle that China has sovereignty over Huangyan Island for it has implemented long-term and effective jurisdiction," Li said.

In addition, geographic proximity, which formed part of the Philippines' claim, is no solution to territorial entitlement as international laws and practices have early defined.

Such examples can be found everywhere in the world that a country owns a remote land that is geographically nearer to other nations, the article said.

The principle of geographic proximity would no doubt cause big chaos if it was applied in territorial affairs, the article said.