LOSC (UN Convention on the Law of the Sea) has created for the first time an all-round legal framework for the oceans, and has made a substantial contribution to ocean order; but it has introduced new uncertainties into the region, particularly in connection with the EEZ regime. LOSC is mainly a compromise between maritime powers and coastal states, with many issues left unresolved, such as the freedom of navigation and the resource-related rights of coastal states in EEZ. Differences in the understanding and implementation are prevalent in the region.

The Sino-US plane collision in April 2001, the sinking of an unidentified ship in the East China Sea, the Sino-Japanese controversy over Chinese survey activities in the East China Sea all relate to the EEZ issue. The problems include: the extent of freedom of navigation in EEZ, the legality of military activities in EEZ, the scope of coastal states' jurisdictional rights in EEZ, and other countries' rights in EEZ.

LOSC stipulates that in the EEZ, the coastal State has sovereign rights over the exploration and exploitation of natural resources and has jurisdiction over marine scientific research, the establishment and use of artificial islands, installations and structures, and the protection and preservation of the marine environment (Article 56). LOSC also stipulates that in the EEZ all States enjoy freedom of navigation, and freedom of oveflight; and in exercising their rights in the zone, "States shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State in accordance with the provisions of this Convention and other rules of international law in so far as they are not incompatible with this part" (the provisions regarding the EEZ) (Article 58). Evidently, LOSC offers only general rules and principles.

There are now two trends regarding the nature of EEZ. One is to "internationalize" the EEZ by maritime powers, which hold that the EEZ has to be assimilated into the high seas, without much concern for the recognition of the jurisdiction of the coastal state over the resources. The other is to "territorialize" the EEZ by coastal states, which hold that the interests of the coastal state have to predominate in the EEZ, subordinating the freedom of navigation to the satisfaction of those interests. The national security concerns of many regional countries might often lead to conflicts between navigation rights and coastal States' rights to exercise control over their EEZs.

The challenge facing us is how to seek a balanced relationship and equilibrium among the vital interests involved in the issue. Thus discussions on these relevant norms and on an acceptable set of criteria are much needed for confidence building and conflict resolution. A regional LOSC application regime might be built. It might include a unified interpretation of the LOSC stipulations, and suggestions on amendments and supplements to be made in LOSC for reducing ambiguity and conflicts. The encounters and standoff for six times on September 7, 2002 between the US surveillance ship Bowditch and the Chinese naval ships and planes just 50 nautical miles off the Chinese coast in the Yellow Sea⁷ further illustrates the necessity of building this regime.

　

International cooperation on maritime security is a necessity. As many issues in maritime security are transnational in nature, the maintenance of peace and order in the seas needs international cooperation. Piracy and illegal activities throughout many of the EEZs in the region can only be addressed through cooperative surveillance and information-sharing efforts and arrangements.

With the increasing political, economic, and military interdependence in the region, there exist now good chances for international cooperation. It's a fact that at present there are no security mechanisms and no well-defined and established rules in East Asia. However, given the fact that economic development has been the top priority of East Asian countries and that maritime issues are at the forefront of regional security concerns, the increase of regional maritime cooperation would now be well appreciated by regional countries.

The development of regional maritime security cooperation would be a gradual evolutionary approach embracing three stages: CBMs (confidence-building measures), preventive diplomacy mechanisms, and conflict-resolution mechanisms. Regional countries could now focus on the establishment of maritime CBMs. This is an effective step to reduce the risks of maritime conflicts and misunderstanding of maritime activities at sea. With mutual trust and confidence enhanced, a basis for preventive diplomacy would be provided.

In view of the present conditions, the following four regimes might be built first in the long-term process of maritime cooperation:

The first would be a regional anti-piracy and SLOC security regime, which would also deal with combat against international terrorism in regional seas.

The second would be a regional avoidance of incidents at sea agreement (INCSEA). The 1972 agreement between the United States and the Soviet Union to prevent incidents on and over the high seas is an excellent example of a practical maritime CBM. Years ago Russia signed INCSEAs with Japan and South Korea, creating conditions for a regional INCSEA. A Chinese-American Incidents at Sea Agreement would be desirable based on the Military Maritime Consultative Agreement (MMCA) signed between them in 1998.

The third would be a regional maritime navigation and safety regime. This would be similar to a navigational code of conduct. Definition and clarification of the extent of the junsdiction coastal states have over resources and marine scientific research in the EEZ, vis-a-vis the application of the principle of freedom of navigation in the EEZ, and a set of rules to govern air-to-air and air-to-sea encounters should be worked out.

The fourth would be a regional environmental security regime. Opportunities do exist for environmental issues to be the focus of confidence-building and cooperation. Of special note is the opportunity for regional cooperation in oil pollution prevention and emergency response, in control and monitonng of vessel source pollution.

China has important maritime interests. It has a coastline of 18,400 kilometers, some 6,500 coastal islands, and more than 3 million square kilometers of oceans under its junsdiction. China's maritime junsdictional zones are estimated to encompass 20 billion tons of oil reserves, 2.9 trillion cubic meters of natural gas, 0.44 billion tons of offshore mineral deposits, and an annual turnout of 5 million tons of fishery products. China is now in the transition from a continental focus to a maritime focus. China is not a maritime country at present, and is going to be a maritime country in the coming decades. Over the centuries, China oscillated between a continental focus and a maritime focus.

China takes an active part in multilateral and bilateral dialogue and cooperation in the Asia Pacific Region and stands for enhancing mutual understanding and trust through governmental and non-governmental channels. "China's Asia-Pacific security strategy has three objectives, i.e., China's own stability and prosperity, peace and stability in its surrounding regions, and conducting dialogue and cooperation with all countries in the Asia-Pacific region."⁸In the recent speech to the UN 57^th General Assembly, Chinese Foreign Minister Tang Jiaxuan said, "China advocates the adoption of a new security concept with mutual trust, mutual benefit, equality and coordination at its core"; "Security is no longer a zero-sum game. The generality of security is evidently increasing, the common security interests of all countries are rising, and the interdependence is deepening.⁹

Cooperation with other countries for ocean management and maritime security accords with China's national interests, and the establishment of a regional maritime security cooperation mechanism would win China's support. Chinese representatives have attended official or unofficial meetings within the framework of ARF. "China has proposed to establish an ARF marine information and data center, encouraged exchange of high-level military visits and port calls by naval vessels, as well as exchanges of military personnel, and supported cooperation in emergency rescue and disaster relief, safety in maritime navigation and marine environmental protection."¹⁰

China will actively cooperate with other countries in the combat against international terrorism and piracy, in defending regional SLOCs, and in marine environmental protection. On October 10-11, 2002, China held a joint anti-terrorist exercise in Kyrgyzstan in their border areas, which provides useful experiences for further cross-border joint exercises with its neighbouring countries.

The Chinese naval force is being modernized. China will become a regional naval power, or a medium naval power in the coming two decades, but not a dominant or preeminent naval power in the region. The world community is concerned over China's long-term intentions. In my perspective, China has no intention to dominate the Asia Pacific, no intention to replace the US role, and no intention to compete for supremacy with Japan. China's main strategic interests converge with those of the US in the Asian Pacific, and confrontation with the US is not what China wants. During the APEC Shanghai meeting, in his talk with President Bush, President Jiang Zemin stressed that China has no intention to expel American troops out of East Asia, and that China would welcome the US to play a positive role in the region. Regarding Sino-Japan relations, in my perspective, China has no intention to contend for regional dominance with Japan. China is only worried over the remilitarization of Japan and the repetition of the war history. Japan, on its side, probably is worried over China's rise and over its affects on Japan's position in the region. If a trilateral dialogue and security mechanism among the US, Japan, and China could be worked out, it would lay a foundation for the regional security cooperation mechanism.

International terrorism is launching a new round of terrorist attacks. The explosion of a French supertanker 700 km off the Yemeni port Aden on October 6, 2002, the sniping action on the US mariners in Kuwait on October 8, 2002, the bomb explosions in Bali on October 12, 2002 and in Zamboanga, Mindanao on October 17, 2002 are all connected with AI-Qa'idah. There is an urgent need for the world community and regional countries to cooperate in all fields including the maritime dimension to fight against terrorism.