China in the UNCLOS and BBNJ negotiations, yesterday once more?

• Main Authors: LIU, Nengye, SCOTT, Shirley V.
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2024
• Subjects: Asian Studies; Law of the Sea
• Online Access: https://ink.library.smu.edu.sg/sol_research/4510; https://ink.library.smu.edu.sg/context/sol_research/article/6468/viewcontent/China_and_the_Law_of_the_Sea_Liu__Scott.pdf
• Institution: Singapore Management University

This paper compares China’s stance during the UNCLOS negotiations – the starting point of contemporary law of the sea, with its engagement in the latest development of BBNJ negotiations. It answers the question, how does China participate in these two important rules-making processes of the international law of the sea? By identifying salient positions China took in each set of lengthy negotiations and explaining the reasons behind, the paper also aims to reflect what a rising China may bring to the international legal maritime order in the foreseeable future. The first part of this paper, on the nature of China’s engagement in the UNCLOS negotiations, draws on archival study of official records of the UNCLOS III (1973 – 1982), as has been digitalized by the UN Office of Legal Affairs. The second part examines the period between the adoption of the UNCLOS (1982) and the start of the BBNJ process (2004), paying attention to China’s shifting practice towards the exploration and exploitation of the deep seabed mineral resources, and its concerns over the ratification of the UNCLOS and the 1995 FSA. Then the paper focuses on China in the BBNJ negotiations – Working Groups, Preparatory Committee Meetings and Intergovernmental Conferences. Drawing upon the evolution of China’s positions over the past five decades, the paper concludes with some insights on the likely future directions and implications of China’s engagement with the international law of the sea.