Source: Website of the Ministry of Foreign Affairs
On September 1, 2022, Vice Minister Xie Feng attended the International Seminar on the 40th Anniversary of the Opening and Signing of the United Nations Convention on the Law of the Sea and delivered a keynote speech entitled "Implementing the Convention in Full Good Faith and Actively Contributing to Global Ocean Governance". The full text is as follows:
It is a great pleasure to participate in this seminar to mark the 40th anniversary of the opening and signing of the United Nations Convention on the Law of the Sea. Just now, State Councilor and Foreign Minister Wang Yi expressed important opinions and put forward leading initiatives on adhering to the principles and spirit of the Convention and promoting global ocean governance. We were also inspired by the message of Under-Secretary-General Suarez.
The negotiation of the Convention is the first major international legislative process in which China has resumed its legitimate seat in the United Nations. China was the first to sign the Convention in December 1982 and ratified it in 1996, which effectively promoted the conclusion and entry into force of the Convention. As a State party to the Convention, China has fully and faithfully implemented the Convention and is an active participant, builder and contributor to the Convention and its mechanisms.
First, create a maritime legislation matrix to promote the implementation of the Convention.
In accordance with the provisions and spirit of the Convention, China has promulgated the Law on the Territorial Sea and contiguous zone and the Law on the Exclusive Economic Zone and the Continental Shelf. China has also promulgated important sea-related laws such as the Marine Environmental Protection Law, the Fisheries Law, and the Law on the Management of the Use of Sea Areas to strengthen marine environmental protection and resource conservation. In recent years, China has promulgated the Law on the Exploration and Exploitation of Resources in the Deep Seabed Area, promulgated the Coast Guard Law, revised the Maritime Traffic Safety Law, and continuously improved the maritime legislative system in line with international law, including the Convention.
Second, standardize marine scientific research and work with developing countries to recognize the ocean.
China continues to strengthen the management of marine scientific expeditions in accordance with the Convention. China has actively carried out cooperation in marine scientific research and established joint marine research centers with the Philippines, Indonesia, Vietnam, Pakistan and Tanzania; Assisted Nigeria, Mozambique, Seychelles, Madagascar and others in conducting scientific surveys of the continental shelf. China actively participates in the "United Nations Decade of Ocean Science for Sustainable Development" and contributes to the understanding and protection of the oceans.
Third, protect the blue home of mankind and adhere to the sustainable development of fisheries.
Guided by Xi Jinping Thought on Ecological Civilization, China is deeply involved in the United Nations Environment Programme's Global Action Plan to Prevent Land-based Activities from Affecting the Oceans and promotes the construction of a clean and beautiful global ocean. China has participated in regional fisheries management organizations in the North Pacific, the Indian Ocean and the Atlantic Ocean, is committed to the sustainable development of high seas fisheries, implements "zero tolerance" for illegal fishing, and is actively studying and acceding to the Agreement on Port State Measures to Prevent, Deter and Eliminate IUU Fishing.
Fourth, empower the three major institutions of the Convention and help the Convention operate efficiently.
So far, China has applied to the International Seabed Authority for five exploration and mining plots, contributed two reserved areas, and jointly established the world's first deep-sea joint training and research center with the Authority. China firmly upholds the "disputed, non-deliberative" rule of the Commission on the Limits of the Continental Shelf and submits preliminary information on the limits of the Continental Shelf of the East China Sea to the Commission. China submitted written opinions to the International Tribunal for the Law of the Sea on relevant advisory opinion cases, contributing China's wisdom and strength. As the largest contributor to the Authority and the Tribunal, China insists on paying its dues in full and on time, providing strong financial support for the operation of the two institutions.
China has always advocated that maritime disputes be resolved through negotiations and consultations between the countries directly concerned. China's refusal to accept or recognize the so-called award in the South China Sea arbitration case is to safeguard the authority and integrity of the Convention.
Fifth, ensure the freedom and safety of navigation and safeguard the smooth flow of international shipping.
China has always respected and supported the freedom of navigation and overflight enjoyed by all countries in the surrounding waters in accordance with international law. China has actively implemented the Convention and the relevant provisions of the International Maritime Organization, acceded to almost all conventions under the framework of the International Maritime Organization, continuously improved maritime search and rescue and other support services, and significantly improved the safety conditions for navigation. China has deeply participated in the Agreement on Cooperation in Anti-Piracy and Armed Robbery in the Asian Region and actively carried out escorts in the Gulf of Aden. Over the years, China has actively safeguarded and safeguarded the navigation rights of various countries in different sea areas, and there have never been navigational problems in the waters under its jurisdiction.
Distinguished guests,
President Xi Jinping pointed out that the blue planet we inhabit is not divided into isolated islands by the ocean, but is connected by the ocean into a community of destiny. At present, the century-old changes are accelerating and evolving, and new problems in the global ocean are emerging in an endless stream. We want to interpret and apply the Convention in a complete, accurate and bona fide manner, taking into account the Convention, other sea-related treaties and general international law. Proceeding from the original intention of the Convention to safeguard the interests of all mankind, we should oppose distortion and abuse, double standards and selective application, and might as axiom. It is necessary to strengthen international cooperation, balance marine environmental protection and utilization, safeguard global food and energy security, attach importance to new forms of marine utilization such as seawater desalination and tidal energy, and effectively enhance the ability of developing countries to understand, utilize, protect and participate in global ocean governance.
We must faithfully uphold the purposes and principles of the Convention.
The Convention, which duly takes into account the sovereignty of States, aims to promote the peaceful use of the oceans and seas and to achieve a fair and just international economic order. The Convention affirms such important principles as the peaceful use of the seas, the freedom of the high seas and the international seabed as the common heritage of mankind. All parties should take the principles of purpose of the Convention as the guide, reasonably exercise the rights of the Convention, fulfill the obligations of the Convention in good faith, resist the "law of the jungle" at sea, and oppose the use of the sea to threaten the sovereignty and security of other countries.
We must strictly abide by the navigation regime provided for in the Convention.
The Convention provides for navigation regimes in the territorial sea, exclusive economic zones, high seas and other maritime areas. Foreign ships enjoy innocent passage through the territorial sea, provided that they do not impair the peace, good order or safety of the coastal State; Freedom of navigation in the exclusive economic zone, taking into account the sovereign rights of the coastal State over natural resources and jurisdiction over marine scientific research, environmental protection, etc.; The parties enjoy freedom of navigation on the high seas, subject to requirements such as "the high seas shall be used only for peaceful purposes". All parties exercising their right to navigation in different seas shall comply fully with the provisions and spirit of the Convention, otherwise the integrity and authority of the Convention will be undermined. Even states not parties to the Covenant cannot place one-sided emphasis on the right to navigation without disregarding the legitimate and legitimate interests of coastal States. To confuse the maritime system established by the Convention and to hype up the so-called freedom of navigation out of thin air is to spread rumors and smear and have ulterior motives. China respects the navigation rights enjoyed by all countries in accordance with the law, but resolutely opposes the fact that some countries threaten China's sovereignty and security in the name of "freedom of navigation".
We want to apply the dispute settlement mechanism of the Convention in good faith and accurately.
The Convention advocates "the resolution of all issues relating to the law of the sea in a spirit of mutual understanding and cooperation". The parties to the dispute are the masters of the dispute settlement procedure, and only when the parties recognize and accept the relevant dispute settlement procedures can the dispute be truly and effectively resolved. Relevant parties and international institutions should abide by the "principle of national consent", combine the actual conditions of disputes between countries in the region, and apply the dispute settlement procedures of the Convention in good faith and accurately, and must not abuse them beyond their authority.
Distinguished guests,
Standing at a new historical starting point, facing the new situation and new challenges, China is willing to work with all parties to adhere to the purposes and principles of the Convention, fully and accurately implement the provisions of the Convention, work together to meet the challenges of the times, continuously improve the rules for global ocean governance, and jointly build a community with a shared future for the sea.
Finally, I wish the seminar a complete success. Thank you!
