Problems and Practices in Maritime Delimitation in East Asia: With Special Reference to Taiwan

• Author: Michael S.T. Gau
• Position: Associate Professor of International Law at National Taiwan Ocean University. LL.B. (NTU), LL.M. (Cantab & King?s College, London), Ph.D. (Leiden).
• Pages: 377-404

NOTES & COMMENTS

Problems and Practices in

Maritime Delimitation in

East Asia: With Special

Reference to Taiwan

Michael Sheng-ti Gau



The countries in East Asia continue to have problems in maritime boundary

delimitation. The collision on September 7, 2010 between a Chinese fishing vessel

(Minjinyu) and a Japanese patrol boat in the waters near Diaoyu/Senkaku Islands is

interesting to observe as a step in dispute settlement process. The differences between

the PRC and Japan on maritime boundary delimitation for the East China Sea and

the legal status of Diaoyu/Senkaku Islands are demonstrated by this incident. To see

things in their context, it is necessary to observe the practices of East Asian

countries in handling their maritime boundary delimitations, especially those

involving islands with disputed legal status. The rules of international law relating

to the pacific settlement of dispute and maritime delimitation dispute resolution,

which involve a preliminary sovereignty dispute over islands, are also relevant as a

much broader background. The author will examine why certain maritime

delimitation cases are particularly hard to handle. The lessons drawn from this paper

is inspiring for Taiwan, a long-time marginalized player in East Asian regional

affairs. The author will examine the difficulties and opportunities for Taiwan in

maritime boundary delimitation and offer a suggestion on how to accomplish such

task with neighboring countries.

Keywords

Diaoyu/Senkaku Islands, Japans Northern Territories, Maritime

Boundary Delimitation, JDZ, Taiwan, Minjinyu

KFBJM3)3122*  377

* Associate Professor of International Law at National Taiwan Ocean University. LL.B. (NTU), LL.M. (Cantab & Kings

College, London), Ph.D. (Leiden). The author is thankful for the comments given by the reviewers and the

encouragement of Professor Hu Nien-Tsu who organized a 2010 Conference on National Oceans Policymaking on

August 2-7, 2010 in Taipei, Taiwan where the main ideas of this paper were presented. The opinions expressed here

1. Introduction

On September 7, 2010, a Chinese fishing trawler, Minjinyu, collided with a Japanese

Coast Guard patrol boat, Yonakuni, near Diaoyu/Senkaku Islands. Japanese officers

then boarded Minjinyu to arrest the captain, charging him with obstruction of law

enforcementunder the Japanese domestic law.

1

This enraged the Peoples Republic of

China(PRC); Premier Wen Jiabao demanded the immediate and unconditional release

of the captain. On September 24 of that year, Japanese prosecutors decided to let the

captain leave, after 17 days of detention. The official reason for his release was that the

damage to the Japanese Coast Guard vessels was slight and no one was injured.

2

After

this incident, waters surrounding the Diaoyu/Senkaku Islands have been repeatedly

visited by the PRC patrol boats belonging to Regional Bureau of the East China Sea

Fishery Management under the Ministry of Agriculture.

3

As of March 10, 2011, eight

visits by such patrol boats have been sighted by Japan. Among the vessels are Yu-Zheng

(Fishery Administration) No. 201 and Yu-Zheng No. 202.

4

It is important to note that,

though being warned by Japanese aircrafts, all these visits have not been physically

obstructed.

The collision incident and its aftermath indicate the different positions between the

PRC and Japan on the maritime boundary delimitation and the legal status of the

Diaoyu/Senkaku Islands. The complex situation cannot be correctly understood,

analyzed, characterized, and predicted without first looking at relevant rules of

international law and at behavior patterns of the two States when dealing with similar

problems of maritime delimitation involving islands with disputed legal status.

As another stakeholder, the Republic of China Government on Taiwan (ROC) is

marginalized (if not ignored) in regional and international affairs.

5

Given the special

378 

are those of the author alone, not representing any government agencies. The author can be reached at

mikegau97@msn.com /Address: No. 2 Pei-Ning Road, Keelung 20224 Taiwan, ROC.

1Hu Feiyue

Japans action off Diaoyu raises concern

, C

HINA

D

AILY

(Sept. 10, 2011)

available at

http://www.chinadaily.com.cn/cndy/2011-09/10/content_11282795.htm (last visited on Sept. 27, 2011).

2Ken Jimbo,

Matter of Fact: Japan-China Relations Strained over Senkaku Islands

, NHK W

ORLD

(Sept. 10, 2011),

available at

http://www3.nhk.or.jp/nhkworld/english/tv/japan7/archives100925.html ( last visited on Sep. 27, 2011).

3

See

List of the PRC Fishery Management Patrol Boats ,

available at

http://60.250.180.26/pla/

5741/5708.html (last visited on Oct. 6, 2011).

4

See

Patrol Boat from Mainland China Found in Waters of Diaoyu (available only in Chinese), C

HINA

T

IMES

available

at

http://news.chinatimes.com/world/50405463/132011012701149.html;

PRC Patrol Boat Enters Waters of Diaoyu

Again

,

available at

http://www.haixiainfo.com.tw/139064.html (all last visited on

July 34, 2011).

5Today, 23 States recognize the ROC government.

See

the list of States recognizing the ROC,

available at

http://www.mofa.gov.tw/webapp/ct.asp?xItem=11624&CtNode=1426&mp=1 (last visited on Oct. 10, 2011).