Qi Huaigao，“Legal Analysis on Two Important Differences of China-Japan Joint Development in the East China Sea”

Abstract： The Principled Consensus on the East China Sea Issue (Principled Consensus) , reached in June 2008, identified a joint development block covering an area of about 2,700 square kilometers. Although China and Japan have reached the Principled Consensus, there are still two important differences. Does the block straddling the median line mean that China accepts or recognizes Japan's socalled median line? Are China's developed oil and gas fields west of the median line part of the sea area for joint development? Due to theabove differences, the China-Japan joint development in the East China Sea has not been successfully realized so far. With regard to the former difference, the median line goes through the block in the East China Sea, but it does not mean that China accepts or recognizes Japan's claim on the so-called median line. As for the latter difference, China argues that China's developed oil and gas fields west of the median line lie in undisputed waters under Chinese jurisdiction, and Japanese companies should participate in the development of the gas field in accordance with Chinese laws. To implement the Principled Consensus, China and Japan need to reach an understanding on above important differences, with a discussionon joint development of larger overlapping sea areas in the future.
Key Words： Principled Consensus on the East China Sea Issue (Principled Consensus) ; Joint Development in the East China Sea; Median Line

LINK