China being a maritime power under the UNCLOS: Issues and ways ahead

Abstract

China has recently established a strategic goal of building herself into a maritime power. China's pursuit of this goal is interconnected with the UNCLOS. However, China faces increasingly serious challenges resulting from the application of the UNCLOS, especially the provisions in relation to the EEZ and the new continental shelf, which were strongly supported by China herself at the UNCLOS III. Drawing lessons from the participation in the UNCLOS III, this article argues that the only option for China in response to the challenges is to transform her traditional position of a coastal State into that of a maritime power by actively applying and defending the relevant UNCLOS regimes as well as taking future law-making seriously on marine biodiversity, including the marine genetic resources, beyond national jurisdiction. At the same time, China should hold an open attitude in the revision of national laws which are arguably incompatible with the UNCLOS.