FACT Check | Why Is the Taiwan Strait Not 'International Waters'?
“International waters” is a U.S. military term but not an international law term and there's no legal basis for “international waters” in the United Nations Convention on the Law of the Sea (UNCLOS).
The U.S. claims that most of the waters in the Taiwan Strait are "international waters,” an argument China rejects. China has reiterated that there is no legal basis of “international waters” in the international law of the sea and that China has sovereignty, sovereign rights and jurisdiction over the Taiwan Strait, and respects the lawful rights of other countries in relevant waters.
So what does the U.S. claim of “international waters” mean? And what’s China’s stance on the Taiwan Strait?
China’s official map shows the location of the Taiwan Strait (Chinese Ministry of Natural Resources)Situated between the Chinese mainland and Taiwan region, the Taiwan Strait is a busy shipping route for global trade. The Strait runs from the East China Sea in the north to the South China Sea in the south. Taiwan island is China's largest island, sitting on the continental shelf of its southeast coast. Across the Taiwan Strait to the west lies east China’s Fujian Province.
1. “International waters” is not an international law term
The waters defined in the 1982 United Nations Convention on the Law of the Sea (UNCLOS) include the high seas (公海), exclusive economic zones (专属经济区), territorial seas (领海), internal waters (内水), contiguous zone (毗连区) and archipelagic waters (群岛水域) — but not “international waters”(国际水域).
China was one of the first signatories when the final UN Convention on the Law of the Sea (UNCLOS) was presented. To date, over 170 parties have signed and ratified the UNCLOS, excluding the United States.
2. “International waters” is a term used by U.S. military
He added that there is no such term as "international waters" in international law. It is a "panacea" invented by the U.S. as a non-contracting party to the UNCLOS to bypass its obligations under the law and maintain its maritime hegemony.
The 2022 version of the U.S. Navy Commander’s Handbook on the Law of Naval Operations, listed the Taiwan Strait as one of the “international straits” (国际海峡), while the UNCLOS has only defined it used for the “straits used for international navigation” (用于国际航行的海峡), and hasn’t defined any clause like the U.S. military term of “international straits” (国际海峡).
3. What is China’s stance on the Taiwan Strait?
The Chinese government has reiterated that China has sovereignty (主权), sovereign rights (主权权利), and jurisdiction (管辖权) over the Taiwan Strait. These terms may confuse people who are not familiar with the international law. So what exactly does China mean in this case?
“Taiwan is an inalienable part of China’s territory. The Taiwan Strait ranges in width from about 70 nautical miles at its narrowest and 220 nautical miles at its widest. According to the United Nations Convention on the Law of the Sea (UNCLOS) and Chinese laws, the waters of the Taiwan Strait, extending from both shores toward the middle of the Strait, are divided into several zones including internal waters, territorial sea, contiguous zone, and the Exclusive Economic Zone. China has sovereignty, sovereign rights, and jurisdiction over the Taiwan Strait. At the same time, it respects the lawful rights of other countries in relevant waters.” There is no legal basis of “international waters” in the international law of the sea. It is a false claim when certain countries call the Taiwan Strait “international waters” in order to find a pretext for manipulating issues related to Taiwan and threatening China’s sovereignty and security. China is firmly against this.”
-- Chinese Foreign Ministry Spokesperson Wang Wenbin’s Regular Press Conference on June 13, 2022China’s sovereignty (主权) covers the internal waters and territorial sea in the Taiwan Strait, and its sovereign rights (主权权利) and jurisdiction (管辖权) over the Taiwan Strait are supported by the UNCLOS, in which the articles define that in the exclusive economic zone, the coastal state has sovereign rights “for the purpose of exploring and exploiting, conserving and managing the natural resources” and for “the economic exploitation and exploration of the zone,” as well as jurisdiction that includes the establishment and use of artificial islands, installations and structures; marine scientific research; and the protection and preservation of the marine environment.
4. Why does China oppose the U.S. claim that the Taiwan Strait is “international waters”?
“The U.S. is misleading to the general public, to justify its de facto unlimited ‘freedom of navigation’ operations, and to evade its obligations under international law of the sea such as innocent passage obligation regarding the territorial sea and due regard obligation regarding the exclusive economic zone,” Kong Qingjiang, dean of the School of International Law at the China University of Political Science and Law, wrote an article in 2022 to illustrate the political intentions of the United States.
Li Huan, Deputy Director at the Institute of Hong Kong and Macao Studies at China Institutes of Contemporary International Relations (CICIR) in 2022 argued that a large portion of U.S. warships voyaging through the Taiwan Strait sailed within China’s exclusive economic zone. She added that the U.S. “freedom of navigation” borders on provocation by supporting Taiwan separatists and continually hollowing out and deflating its one-China policy.
“For more than 70 years, if it were not for America’s constant support for advocates of ‘Taiwan secessionist’, the road to peaceful reunification across the Taiwan Straits would not have been so tortuous,” Li added.
Stay tuned for more updates on China's political, economic, and cultural landscape.
Disclaimer: This newsletter is for informational purposes only. All sources are publicly available and subject to change.
From Taiwan to the mainland, the narrowest point is 70 nautical miles, 12 nautical miles from each coast.
The entire Taiwan straits is contained inside the Exclusive Economic Zone of China, and the ROC and PRC have worked out agreements to allow fishermen to operate from both Taiwan and the mainland.
International shipping is allowed to use Exclusive Economic Zones of other nations for INNOCENT purposes. Innocent means you do not threaten the peace, good order or security of the nation who owns the Exclusive Economic Zone.
In the current state of Cold War, there is no innocent explanation for U.S. Navy ships to be in the Taiwan Straits.
Solution: Everyone should sober up. Give Chinese warships right of passage in the U.S. exclusive economic zones in return for China giving U.S. warships right of passage in China’s exclusive economic zones.
Bonus points: the Pacific Ocean can be boring. When Chinese or U.S. ships are far from home, patrolling off China or U.S. shores, invite the ship to dock for a couple says of rest and relaxation.
Let Chinese sailors set port in Hawaii or Los Angeles. Let U.S. sailors set port in Shanghai or Xiamen. Just because leaders are at Cold War doesn’t mean sailors have to suffer. Be kind.