On November 10, the Chinese government announced the baselines of the territorial sea adjacent to Huangyan Dao. In an exclusive interview with CMG Voice of the South China Sea (VSCS), Ding Duo, Deputy Director at the Research Center of Oceans Law and Policy, National Institute for South China Sea Studies, and Lei Xiaolu, Professor at the China Institute of Boundary and Ocean Studies, Wuhan University, stated that Huangyan Dao is China’s inherent territory. The announcement of the territorial sea baselines is a necessary act of exercising national sovereignty and jurisdiction. When sovereignty is repeatedly challenged, it is both legal and reasonable to maintain it by announcing baselines.

(Aerial photo of Huangyan Dao)

VSCS: What international laws and conventions form the basis for China’s announcement of the baselines of the territorial sea adjacent to Huangyan Dao?

Lei Xiaolu: Defining the baselines of the territorial sea adjacent to Huangyan Dao is an assertion of China’s sovereignty over the island. According to the principle of international maritime law that the land dominates the sea, only the sovereign owner of a territory can claim maritime rights based on that territory. Huangyan Dao is China’s inherent territory. Under three international treaties defining Philippine territory — “the Treaty of Paris of 1898” “The Treaty of Washington of 1900” and “1930 Convention between His Majesty in Respect of the United Kingdom and the President of the United States regarding the Boundary between the State of North Borneo and the Philippine Archipelago”— Huangyan Dao was never part of the Philippines. China’s demarcation of the baselines is a clear demonstration of its sovereignty over Huangyan Dao.

Ding Duo: The announcement of the territorial sea baselines is a necessary act of exercising national sovereignty and jurisdiction. Internal waters, territorial seas, and exclusive economic zones are subject to different management regulations and usage plans. By establishing baselines, the exact scope of these maritime areas can be clearly defined. China has been steadily advancing the demarcation of its territorial sea baseline. The recent announcement of the baseline for Huangyan Dao is a matter of China’s sovereign rights. It reflects China’s position as the rightful and sole owner of Huangyan Dao and is an action to exercise sovereignty and administrative jurisdiction in accordance with domestic law and international law, including the United Nations Convention on the Law of the Sea. This move is an important part of China’s ongoing efforts to establish and improve its territorial sea baseline system.

VSCS: After the announcement of the baselines of the territorial sea adjacent to Huangyan Dao, what impact will it have on China’s sovereignty and rights in the waters around Huangyan Dao?

Lei Xiaolu: The baseline of the territorial sea is the starting point for all maritime areas, where territorial sovereignty and maritime rights intersect and connect. With the declaration of the baselines of the territorial sea adjacent to Huangyan Dao, combined with “the Law of the People’s Republic of China on the Territorial Sea and the Contiguous Zone,” “the Law of the People’s Republic of China on the Exclusive Economic Zone and the Continental Shelf,” and other legal documents, China’s maritime claims and their scope in the waters adjacent to Huangyan Dao are now clearer. This not only helps other countries understand their rights and obligations in these waters, but also makes China’s law enforcement activities in the area more transparent and clear. Additionally, it helps take stronger measures to protect marine resources and preserve the marine environment.

Ding Duo: The announcement of the baselines of the territorial sea adjacent to Huangyan Dao will have several direct impacts. First, from the perspective of domestic maritime governance, it provides an institutional foundation for developing and utilizing biological resources in the waters around Huangyan Dao, protecting the marine environment, conserving rare marine species, conducting marine scientific research, and planning and utilizing marine space. It also serves as a basis for the legal, regulated, and scientific use of maritime resources going forward.

Second, it means that the boundaries of China’s internal waters, territorial sea, contiguous zone, exclusive economic zone, and continental shelf around Huangyan Dao are now clearly defined, providing clearer guidance for safeguarding our territorial sovereignty and maritime rights in the area. For other countries, particularly the Philippines, this clarity will allow China’s maritime forces, including the Coast Guard, to take more precise and targeted countermeasures against violations, such as unauthorized activities by fishing boats, law enforcement vessels, and naval ships, depending on their distance from different maritime zones.

Third, the announcement of the territorial sea baseline, along with the statement from the China Coast Guard, reflects China’s determination, resolve, and capability to safeguard its sovereignty, security, and development interests in the South China Sea.

VSCS: Some argued that China’s announcement of the baselines of the territorial sea adjacent to Huangyan Dao is a response to the Philippines’ recent enactment of the Maritime Zones Act, and that it could hinder the peaceful resolution of the South China Sea dispute. How do you view this perspective?

Lei Xiaolu: A state has the right to declare its territorial sea baselines at a time it deems appropriate. For a long time, in order to maintain peace and stability in the South China Sea and to avoid escalating or complicating disputes, China has exercised restraint on the issue of baselines for disputed islands and reefs. This reflects China’s sincerity in resolving disputes with neighboring countries on an equal footing and its commitment to regional peace and stability. However, when sovereignty is repeatedly challenged, it is both legal and reasonable to declare baselines as a means to safeguard national sovereignty and maritime rights.

Ding Duo: The Philippines recently passed the Maritime Zones Act, illegally including China’s Huangyan Dao and some reefs, islands and waters of the Nansha Qundao within its maritime claims. China’s announcement of the baselines of the territorial sea adjacent to Huangyan Dao could be seen as a countermeasure against the Philippines. This reflects that, with the growth of national strength, China has a wide array of tools, policy reserves, and means to protect its territorial sovereignty in the South China Sea. While China has shown considerable restraint on the South China Sea issue, consistently advocating for managing differences and resolving territorial and maritime issues through negotiation and consultation, it is inevitable that China will take appropriate measures in response to the Philippines’ persistent political, legal, and maritime provocations. This means that while China will not and does not wish to escalate the situation or provoke confrontation, it will not tolerate the Philippines’ unreasonable actions in the South China Sea.