China has indisputable sovereignty over the Nansha
Islands and it has ample jurisprudential evidence to support
this.
A. Full and accurate historical data,
both Chinese and foreign, has provided rich and substantial
evidence to show that the Chinese people were the first to
discover and name the Nansha Islands. As early as in the Han
Dynasty that was more than two thousand years ago, the
Chinese people discovered the Nansha Islands through their
navigational experience and in the course of their
productive activities over the years. All this was amply
recorded in the books such as Records of Rarities by Yang Fu
of the Eastern Han Dynasty, Records of Rarities in Southern
Boundary by Wan Zhen of the Three Kingdoms Period and A
History of Phnom by General Kang Tai of the East Wu State.
All these historical records represent the Chinese people's
cognition and appreciation of the land on which they lived
and worked. They are of great importance in the perspective
of international law. In view of the development of
international law, these records and accounts of the
discovery by the ancient Chinese people of the islands on
the South China Sea bear abundant evidence to China's
indisputable territorial sovereignty over the Nansha
Islands. Obviously, the Nansha Islands are not land without
owners, but rather they are an inalienable part of Chinese
territory. No country in the world has the right to change
China's legal status as the owner of the Nansha Islands in
any way.
B. The fact that the Chinese people
have developed the Nansha Islands and carried out productive
activities there and that the Chinese Government has
actually exercised jurisdiction over these islands has
reinforced China's sovereignty over the Nansha Islands.
After discovering the Nansha Islands, the Chinese people
started to develop and engage in fishing, planting and other
productive activities on the Nansha Islands and their
adjacent waters from the Tang and Song Dynasties at the
latest. Fei Yuan of the Jin Dynasty (265-420 A.D.) wrote
about the fishing and collecting of coral samples by the
fishermen of China on the South China Sea in his article
Chronicles of Guangzhou. After the Ming and Qing Dynasties,
fishermen from Wenchang County and Qionghai County of Hainan
Island used to sail southward with the northeasterly monsoon
to the Nansha Islands and their adjacent waters for fishing
every winter and come back to Hainan with the southwesterly
monsoon before the typhoon season started. The Chinese
people lived and engaged in fishing, planting and other
productive activities on the Nansha Islands individually at
first, but they were later on organized with the approval
and support of the Chinese Government. Even when the
conditions on the Nansha Islands were not suitable for
people to live, some of the Chinese fishermen still lived on
the islands for years. For ages, Chinese fishermen would
come and go between Hainan Island and Guangdong Province on
the one hand and the Nansha Islands on the other for
productive activities and they never failed to pay their
taxes and fees to the Chinese Government.
C.
The exercise of jurisdiction by the Chinese Government over
the Nansha Islands is also manifested in a series of
continued effective government behavior. After Emperor
Zhenyuan of the Tang Dynasty (785-805AD) came to the throne,
China included the Nansha Islands into its administrative
map. It did so more conscientiously in the Ming and Qing
Dynasties. A wealth of official documents of the Chinese
Government, its local history books and official maps have
recorded the exercise of jurisdiction by the successive
governments of China over the Nansha Islands and recognized
these islands as Chinese territory. Up till the beginning of
this century, the Chinese Government had exercised peaceful
jurisdiction over the Nansha Islands without any
disputes.
Since the beginning of this century,
the Chinese Government has undauntedly maintained China's
sovereignty over the Nansha Islands. In the 1930s, France
once invaded and occupied nine of the Nansha Islands, over
which the Chinese Government immediately made diplomatic
representations with the French Government and against which
Chinese fishermen staged an organized resistance. Between
1912 and 1949 when China was a republic, the then Chinese
Government took a series of active measures to safeguard its
sovereignty. For instance, it furnished the Chinese
fishermen and fishing boats that engaged in the fishing on
the Nansha Islands and their adjacent waters with China's
national flags. It organized trips to the Nansha Islands for
a survey of their history and geography. And it authorized a
map-printing and toponymic agency to rename and approve the
names of all the islands on the South China Sea including
the Nansha Islands, individually and
collectively.
During World War II, Japan
invaded and occupied China's Nansha Islands. China made
unremitting efforts for the recovery of these islands from
the Japanese occupation. In 1943, China, the United States
and the United Kingdom announced in the Cairo Declaration
that all the territories that Japan had stolen from China
should be "restored to China," including
"Manchuria, Taiwan and the Penghu Islands." At
that time, Japan put the Nansha Islands under the
jurisdiction of Taiwan. The territories to be restored to
China as identified in the Cairo Declaration naturally
included the Nansha Islands. The 1945 Potsdam
Proclamationconfirmed once again that the stolen territories
should be restored to China. According to the Cairo
Declaration and Potsdam Proclamation, China recovered the
Nansha Island in 1946. At the same time it went through a
series of legal procedures and announced to the whole world
that China had resumed the exercise of sovereignty over the
Nansha Islands. Subsequently, the Chinese Government held a
take-over ceremony and sent troops to the islands on
garrison duty. An official map of the Nansha Islands was
drawn and printed, the Nansha Islands were renamed,
collectively and individually, and the earliest book of the
physical geography of the Nansha Islands was also compiled
and printed.
After the founding of the
People's Republic of China, the Nansha Islands were
incorporated into Guangdong Province and Hainan Province
successively and the Chinese Gvoernment has all along
maintained China's sovereignty over the Nansha Islands and
taken effective actions for that.
In view of
all this, the Chinese Government has indisputable
sovereignty over the Nansha Islands. Some countries have
claimed sovereignty of these islands on the ground that
these islands are within their continental shelves or
exclusive economic zones. According to international law and
the UN Convention on the Law of the Sea, maritime rights and
interests should be based on territorial sovereignty for the
former derives from the latter. No country should be allowed
to extend its maritime jurisdiction to the territories of
other countries, still less should it be allowed to invade
and occupy other's territory on the ground of exclusive
economic zones or the continental shelves. All in all, any
action by any country with regard to the islets, islands or
reefs of the Nansha Islands, military or otherwise,
constitutes encroachment of China's territorial sovereignty.
It is illegal and null and void according to international
law. It can in no way serve as a basis for a country's
territorial claim, nor can it change China's indisputable
legal status as having sovereignty over the Nansha Islands.