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The Democratic Progressive Party authorities' separatist agenda has undermined the interests of the people in Taiwan and the broader interests of the Chinese nation in its response to the unlawful maritime delimitation talks initiated by Japan and the Philippines, analysts said.

Following the May 28 announcement by Japan and the Philippines to launch maritime delimitation talks over their overlapping exclusive economic zones and continental shelves, including waters east of Taiwan Island, China protested the move and responded with a series of measures in the region aimed at safeguarding its maritime rights and interests.

Instead of safeguarding the shared interests with the Chinese mainland, the DPP authorities in Taiwan criticized the mainland's actions in the region.

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Zhong Houtao, a professor at the University of International Relations in Beijing, said the DPP's response exposed its tendency to oppose anything related to the mainland while always taking a soft stance toward external forces in pursuit of its "Taiwan independence" separatist agenda.

'Delimitation talks'

China, Japan and the Philippines are maritime neighbors in the region of the proposed delimitation, and none of the three countries has delineated the boundaries of their exclusive economic zones or continental shelves in this area.

Geographically, China's Taiwan Island stands between Japan and the Philippines. Zhong said that by bypassing China, the delimitation negotiations between the two countries are aimed at advancing "leapfrog" maritime claims that include waters east of Taiwan Island.

China has expressed firm opposition to the launch of the delimitation talks. On May 29, Mao Ning, a spokeswoman for the Chinese Foreign Ministry, said that China has an exclusive economic zone and a continental shelf in the waters east of Taiwan. She said the so-called maritime boundary delimitation negotiations launched by the two countries seriously infringe upon China's maritime rights and interests while violating international law.

Mao said the delimitation negotiations between Japan and the Philippines are entirely illegal and invalid, and will have no impact on China's claims or its exercise of lawful rights in the waters east of Taiwan Island.

According to Article 34 of the 1969 Vienna Convention on the Law of Treaties, a treaty does not create either obligations or rights for a third state without its consent.

Minoru Kihara, Japan's chief cabinet secretary, declared that the Japan-Philippines maritime delimitation would have no legal effect on any third party. Philippine Secretary of Foreign Affairs Maria Theresa Lazaro claimed that despite China's opposition, the Philippines still planned to hold delimitation talks with Japan.

Lei Xiaolu, a professor at Wuhan University's China Institute of Boundary and Ocean Studies, noted that much of the maritime area east of Taiwan Island consists of waters where the claims of China, Japan and the Philippines overlap. She said that according to the principles of international law reflected in UNCLOS and international judicial practice, a bilateral maritime delimitation must not prejudice the claims or legal entitlements of a third state.

Under Articles 74 and 83 of the United Nations Convention on the Law of the Sea, the delimitation of exclusive economic zones and continental shelves between states with opposite or adjacent coasts is to be carried out by agreement, on the basis of international law, to achieve an equitable solution. Crucially, these articles also require the states concerned to act in a spirit of cooperation and restraint, ensuring they do not jeopardize or hamper the reaching of a final agreement.

"To achieve an equitable delimitation outcome, all parties should engage in negotiations based on full respect for and due consideration of each other's interests, especially in the maritime area with special geographical circumstances," Lei said.

The legal opinion of the China Institute for Marine Affairs of the Ministry of Natural Resources, published on July 2, said that the Japan-Philippines delimitation negotiations violate the principles of sovereign equality and good faith under international law, as well as obligations of cooperation and restraint, and therefore constitute an internationally wrongful act.

The institute urged the two parties to stop advancing their bilateral maritime delimitation negotiations immediately and to engage in consultations with China. It also warned that they should not use the delimitation process to challenge the one-China principle, under which Taiwan is an inalienable part of China, and the government of the People's Republic of China is the sole legal government representing the whole of China.

Resolute response

Over the past month, Chinese authorities have taken a series of coordinated measures in response to the Japan–Philippines maritime delimitation initiative.

Since June 1, the China Coast Guard has carried out routine law enforcement patrols in waters east of Taiwan, with the Xiushan vessel formation taking over operations from the Daishan formation on Saturday. Jiang Lue, a CCG spokesperson, said the Daishan formation conducted patrols, identity checks, fishery protection and rescue missions aimed at maintaining navigation order and protecting the rights of Chinese fishermen, including those from Taiwan.

Separately, from June 6 to 10, the Ministry of Transport organized a special maritime traffic law enforcement and surveying operation in the same area, inspecting 198 vessels and correcting three violations to improve navigation safety and maritime management. This was followed by an official maritime environmental survey from June 16 to 18 conducted by the East China Sea Bureau of the Ministry of Natural Resources, which utilized its research vessel Xiangyanghong 22 to collect data on hydrological conditions, meteorological factors and other indicators to provide scientific support for marine ecological protection efforts.

Zhu Fenglian, a spokeswoman for the State Council Taiwan Affairs Office, said at a news conference on July 2 that the mainland coast guard's activities in the relevant waters represent a lawful exercise of jurisdiction to safeguard China's territorial sovereignty and maritime rights and interests.

Lei, the professor, pointed out that these activities were carried out within China's exclusive economic zone, where China, as a coastal state, has the right to exercise jurisdiction, including conducting maritime surveys, scientific research as well as law enforcement activities that may be necessary to ensure compliance with its laws and regulations under UNCLOS. Under UNCLOS, coastal states enjoy rights to explore and exploit living resources within their exclusive economic zones and may take measures such as boarding and inspection in accordance with the law.

"China adopted these measures to safeguard its legitimate rights and interests in response to provocations posed by Japan and the Philippines through the launch of the delimitation talks and deepened military cooperation," Lei said, adding that the actions have been carried out with restraint and with the aim of maintaining regional stability.

Commenting on the attempted bilateral delimitation, Zhang Xiaogang, spokesman for the Ministry of National Defense, told reporters on June 9 that if the two countries insist on pursuing this course, they will only bring consequences upon themselves. Urging the two countries to stop their illegal and provocative acts, Zhang said that China will take resolute and forceful measures to safeguard its national territorial sovereignty and maritime rights and interests.

Conflicting position

Following the announcement of the delimitation talks by Japan and the Philippines, Taiwan's external affairs department issued a release on May 31 expressing its "support". Later, on June 3, the authority adjusted its tone and called on the two sides to take the island's rights and interests into consideration.

The stance has drawn strong criticism in Taiwan, with opposition parties holding news conferences to condemn the DPP authorities' perceived inaction and weak response, accusing them of sacrificing fishermen's rights and interests. Cheng Li-wun, chairwoman of the Chinese Kuomintang, Taiwan's largest opposition party, criticized the DPP authorities for abandoning their responsibility to protect the island's fishing rights.

Zhong, the professor, pointed out that the proposed delimitation area is a traditional fishing ground for Taiwan's fishermen. "The areas in which Taiwan fishermen can operate will be significantly reduced if the delimitation goes ahead," he said.

On June 18, Taiwan leader Lai Ching-te claimed that the Japan-Philippines delimitation talks would not affect the rights and interests of any third party. Meanwhile, he criticized the Chinese mainland for using law enforcement actions to "expand" in the region, describing it as "the biggest threat" in this case.

Zhu, the spokeswoman, condemned Lai's DPP authorities for taking the opportunity to spread separatist fallacies advocating "Taiwan independence" and to incite anti-China sentiment, describing them as "accomplices of external forces that undermine the overall interests of the Chinese nation".

Zhong said that the DPP authorities, driven by their "Taiwan independence" separatist stance, have opposed anything related to the mainland. Instead of jointly safeguarding maritime rights and interests with the mainland, they have chosen to smear the mainland's law enforcement actions, he said.

"While the DPP authorities initially attempted to align themselves with Japan and the Philippines, Taiwan's practical interests are aligned with the Chinese mainland," Zhong said, adding that the DPP's separatist stance has placed it in a contradictory situation, effectively hamstringing itself as public dissatisfaction grows.

Ulterior motives

Analysts noted that Japan and the Philippines were seeking to enhance their regional standing through the delimitation efforts, despite being aware that such attempts have no legal effect.

In addition to maritime delimitation talks, Japan has stepped up defense and military cooperation with the Philippines through the entry into force of the Reciprocal Access Agreement, the signing of the Acquisition and Cross-Servicing Agreement, and negotiations on a General Security of Military Information Agreement.

Lei, the professor, said that Japan has been seeking to "normalize" its military development through cooperation with the Philippines, including joint military exercises and arms transfers. She added that, on the basis of a series of bilateral defense agreements, a Japan-Philippines "quasi-alliance" is already imminent.

Warning that Japan is using this so-called delimitation as a pretext to advance neo-militarism, Zhong said, "Japan and the Philippines are colluding with each other, each having its own schemes."

Zhong said that the two countries are seeking to promote strategic coordination across the East China Sea, the South China Sea and the waters surrounding China's Taiwan Island. He said that through such "three-sea coordination", Japan and the Philippines could expand their maritime interests and narrow China's strategic space in the region, as both are pursuing sovereignty claims over certain islands.

According to Zhong, Japan has sought to reclassify the Okinotori atoll as an island so as to expand its exclusive economic zone in the region. He added that the Philippines is also seeking to reinforce its claim over the Batanes Islands, which are under its administration and lie only about 140 kilometers from Taiwan Island.

Zhong said that while opposing the mainland in an effort to curry favor with external forces, the DPP's "Taiwan independence" separatist actions not only disregard historical facts and legal foundations, but also pose a serious challenge to the overall interests of the Chinese nation as well as Taiwan's practical interests.

Contact the writer at lishangyi@chinadaily.com.cn