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Front. Law China (2006) 3: 363-371
DOI 10.1007/s 11463-006-0015-4

ZHOU Zhonghai

Maritime security and the common interests of

India and China

CHigher Education Press and Springer-Verlag 2006

Abstract The world has changed dramatically over the years, and being
two of the world's largest and most populous developing countries, India and
China should remain in close touch on issues concerning developing nations.
Today's challenges to maritime security increasingly comprise more
non-traditional threats, such as terrorist acts against shipping, trafficking in
weapons of mass destruction, piracy and armed robbery at sea, illicit trans-
portation in narcotic drugs, psychotropic substances and nuclear substances,
and smuggling of people and arms. It is therefore important to intensify co-
operation at all levels to address threats to maritime security and safety in a
comprehensive manner through bilateral and multilateral instruments and
mechanisms aimed at monitoring, preventing and responding to such threats.

Keywords law of the sea, maritime security, common interests of India

and China

India-China Friendship Year begins in 2006. This year is also the 10th
anniversary of the ratification of the United Nations Convention on the Law
of the Sea (UNCLOS) of China, the 51st anniversary of expounding the Five
Principles of Peaceful Co-existence and the 56th anniversary of the estab-
lishment of formal foreign relations between India and China. The world has
changed dramatically over the years, and being two of the world's largest

ReceivedApril 15, 2006

ZHOU Zhonghai(IZ)
International Law Center, China University of Political Science and Law, Beijing 100088,
China
364 Front. Law China (2006) 3: 363-371

and most populous developing countries, India and China should remain in
close touch on issues concerning developing nations. Today's challenges to
maritime security increasingly comprise more nontraditional threats, such as
terrorist acts against shipping, trafficking in weapons of mass destruction,
piracy and armed robbery at sea etc. It is therefore important to intensify
cooperation at all levels to address threats to maritime security and safety in
a comprehensive manner through bilateral and multilateral instruments and
mechanisms aimed at monitoring, preventing and responding to such threats.

I Recent developments inthe international law of the sea'

After the entry into force of the Convention, the new ocean order and the
systems for the law of the sea have been established, such as territorial sea
and contiguous zone, EEZ, continental shelves, the Area, manne environ-
ment conservation and protection, marine living resources conservation, etc.
State practice with respect to maritime zones has shown a strong adherence
to the principles and rules established by its provisions. To a large extent, the
25 coastal States non-parties to the UNCLOS also accept the Convention as
the source of international customary law. 2 Current information drawn from
domestic legislation and statements shows that fewer than 10 States -
mostly non-parties to UNCLOS - maintain a claim to the territorial sea that
would extend over 12 nautical miles. This is in stark contrast to more than
140 coastal States with a territorial sea of 12 nautical miles or less, as pro-
vided for by UNCLOS, and more than 70 States that now claim a 24-nautical
mile contiguous zone in conformity with the Convention. In addition, more
than 110 coastal States have proclaimed an exclusive economic zone and, for
the most part, apply their sovereign rights and jurisdiction in conformity
with UNCLOS. The process of harmonization of national legislation with
UNCLOS started soon after its adoption in 1982.3
The number of parties to the United Nations Convention on the Law of the
Sea continued to increase. As of 28 February 2006, this number, including
the European Community, rose to 149.
As of 28 February 2006, there were 122 parties to that implementing
Agreement, including the European Community.4 The status of the 1995
United Nations Fish Stocks Agreement continued to evolve as well. Kiribati
acceded to it on 15 September 2005 and Guinea and Liberia did so on 16
1Recent Developments in the International Law of the Sea, By Houston Putnam Lowry, the International Layer,
summer, 2001 issue, 35, Int'l Law,787 (2001).
Fifty-ninth session, Item 51 (a) of the preliminary list*, the Oceans and the Law of the Sea, A/59/62.
Ibid
Sixtieth Session Agenda, Item 75, the Oceans and the Law of the Sea, A/60/63/Add.2.
Front. Law China (2006) 3: 363-371 365

September 2005. As of 28 February 2006, there were 56 parties to the

Agreement, including the European Community.5
In recent years, there has been increasing international recognition of the
need to effectively manage human activities that have an effect on the ma-
nne environment and its ecosystems in order to promote a sustainable de-
velopment of oceans and seas and their resources. The protection of marine
ecosystems is essential for sustainable development. A number of ecosystem
approaches have been developed to achieve this goal. One of the outcomes
of the UNCED was the 1992 United Nations Convention on Biological Di-
versity (CBD), which describes the ecosystem approach as a strategy for the
integrated management of land, water and living resources that promotes
conservation and sustainable use in an equitable way. This approach is based
on the application of appropriate scientific methodologies focused on levels
of biological organization, which encompass essential processes, functions
and interactions among organisms and their environment.6
Technological progress is nowadays so rapid that the process of forming
rules of the law of the sea does not always keep up with the occurring
changes. The legal rules, however, should not set back the development of
social or scientific and technological relations, but on the contrary, promote
it as much as possible or even get ahead of it. Hence we should do our best
to study their interplay and see the technology accelerate the development of
law, and what is the important impact of the advances of technology on the
law of the sea. All nations, both developed and developing, want to share the
profits gained from the ocean through technology and that of course, is the
basis for the new international law of the sea and the international economic
order.7

II Maritime security

Today's challenges to maritime security increasingly comprise more

non-traditional threats, such as terrorist acts against shipping, trafficking in
weapons of mass destruction, piracy and armed robbery at sea, illicit traffic
in narcotic drugs, psychotropic substances and nuclear substances, and
smuggling of people and arms. However, depletion of natural resources,
degradation of the marine environment, as well as natural disasters, are also
directly relevant to the security, since they can undermine the natural bases

Ibid.
6 Sixty-first session, Item 69 (a) of the preliminary list*, the Oceans and the Law of the Sea A/61/63.
Zhou Zhonghai: "Technological Progress and Development of the Law of the Sea", Taishan Press, 1998,
p. 198.
366 Front. Law China (2006) 3: 363-371

on which the livelihoods of millions of people depend on and can have a

negative impact on maritime trade, as well as such key industries as, inter
alia, fishing and tourism. Most challenges to maritime security are global in
scope, are often connected and have the potential to undermine human secu-
rity. As well as efforts to address specific threats such as terrorist acts against
shipping, trafficking in weapons of mass destruction and piracy and armed
robbery at sea, there are also recent efforts to strengthen flag State imple-
mentation and enforcement.
We should acknowledge the need to address issues of maritime security
comprehensively to include transboundary crimes such as piracy, armed
robbery and terrorism. Major threats to maritime security are mainly as fol-
lows:
(1) Terrorist acts against shipping and offshore installations and other
maritime interests.
(2) Trafficking in weapons of mass destruction.
(3) Piracy and armed robbery against ships; during 2005, 264 acts of pi-
racy and armed robbery against ships were reported to the IMO to have oc-
curred or to have been attempted, representing a decrease of 66 acts over the
figure in 2004. The areas most affected remained the same. The number of
acts reported to have occurred or to have been attempted in the South China
Sea decreased from 113 to 97, from 60 to 16 in the Malacca Strait, from 57
to 23 in West Africa and from 46 to 25 in South America and the Caribbean,
but increased from 41 to 51 in the Indian Ocean and from 13 to 48 in East
Africa. Two incidents took place in the Atlantic Ocean and two in the Pacific
Ocean areas. While there has been an overall decrease in the number of acts
reported to have occurred or to have been attempted, a matter of continuous
concern to seafarers and the shipping industry is the level of violence used in
the attacks and the possibility of being injured, killed or held hostage to-
gether with the vessel.
According to the reports received by the International Maritime Bureau of
the International Chamber of Commerce, the number of hijacked ships in-
creased to 23 in 2005, the highest since 2002, and the number of crew taken
hostage increased to 440, compared with 148 in 2004. Hijacking has been
particularly prevalent in waters off the coast of Somalia and has affected two
ships, operated by the United Nations World Food Program, carrying food
aid to Somalia. One vessel was held for 100 days before being released. 9
(4) Depletion of natural resources, degradation of the marine environment.
(5) International migration of people by sea.

Ibid., No6
9 Sixty-first session, Item 69 (a) of the preliminary list*, the Oceans and the Law of the Sea. A/61/63,
P. 102-105.
Front. Law China (2006) 3: 363-371 367

(6) Seafarers, fisherman, migrants and passengers continue to lose their

lives at sea.
(7) Safety of navigation and environmental protection in straits.
(8) Transport of radioactive materials.
(9) Illicit traffic in narcotic drugs, psychotropic substances and nuclear
substances.
(10) Smuggling of people and arms.lo
Implementation and enforcement is of vital importance for maritime secu-
rity. With the importance for collective security of effective cooperation
among States, the Assembly encourages States to cooperate to address
threats to maritime safety and security, including piracy, armed robbery at
sea, smuggling and terrorist acts against shipping, offshore installations and
other maritime interests, through bilateral and multilateral instruments and
mechanisms.
Cooperation among States shall include the sharing of information or the
undertaking of joint enforcement action. In addition to cooperation at all
levels, what is required in order to prevent and combat the challenges to
maritime security effectively is a comprehensive approach to security.
Aimed at monitoring, preventing and responding to such threats, China
has taken a comprehensive approach to combat the challenges to marine se-
curity effectively. The National Institute for the South China Sea Studies and
the Hainan Maritime Safety Administration of China convened a symposium
on maritime security in the South China Sea in December 2005. We have al-
ready adopted legislations and enforced the rule and regulations both domes-
ticly and internationally. China has devoted its efforts to address threats to
maritime safety and security through bilateral and multilateral instruments
and mechanisms.
States are encouraged to maintain dialogue and consultation, in particular
under the aegis of the International Atomic Energy Agency (IAEA) and IMO,
with the aim of improving mutual understanding, confidence-building and
enhanced communications in relation to safe maritime transport of radioac-
tive materials. Recent developments in that regard include the issuance of
the 2005 edition of the IAEA Regulations for the Safe Transport of Radioac-
tive Material and the approval by the Board of Governors of IAEA, in June
2005, of a policy for reviewing and revising the Regulations every two years,
consistent with the schedule of the United Nations Subcommittee of Experts
on the Transport of Dangerous Goods and of the relevant international modal
organizations, such as the IMO. During 2005, IAEA also continued to assist
States in assessing and enhancing the implementation of the Agency's

o Ibid., p.69-71.
368 Front. Law China (2006) 3: 363-371

transport safety standards through Transport Safety Appraisal Service (Tran

SAS) missions.
The relative documents or instruments recently assigned among states for
the maritime security are as follows:
(1) The Advisory Committee on Protection of the Sea (ACOPS);
(2) Convention for the Suppression of Unlawful Acts against the Safety of
Maritime Navigation (SUA Convention);
(3) International Convention for the Safety of Life at Sea (SOLAS);
(4) Protocol for the Suppression of Unlawful Acts against the Safety of
Fixed Platforms located on the Continental Shelf (SUA Protocol);
(5) The International Ship and Port Facility Security (ISPS);
(6) Treaty on the Non-Proliferation of Nuclear weapons (NPT).
The General Assembly urges States to take appropriate measures to ensure
the effective implementation of those instruments, through the adoption of
legislation, where appropriate, and to compel a Government or an interna-
tional organization to do or to abstain from any act in the transport of weap-
ons of mass destruction or of weapons or equipment that could be used for
weapons of mass destruction. The protection of shipping lanes of strategic
importance and significance, especially the Straits of Malacca and Singapore,
and the need to foster cooperation among the States bordering the Straits, in-
cluding the cooperation of India and China.
In its resolution A.979(24) on "Piracy and armed robbery against ships in
waters off the coast of Somalia", the IMO Assembly condemns and deplores
all acts of piracy and armed robbery against ships irrespective of where such
acts occur or may occur and appeals to all parties, which may be able to as-
sist, to take action, within the provisions of international law, to ensure that
all acts or attempted acts of piracy and armed robbery against ships are ter-
minated forthwith, any plans for committing such acts are abandoned and
any hijacked ships are immediately and unconditionally released and that no
harm is caused to the seafarers on board. The IMO Assembly further urges
Governments to increase their efforts to prevent and suppress acts of piracy
and armed robbery against ships and, in particular, to cooperate with other
Governments and international organizations in relation to acts occurring or
likely to occur in the waters off the coast of Somalia.
The General Assembly, in its resolution 60/30 again urges all States to
combat piracy and armed robbery at sea, in cooperation with the IMO, and to
take measures set out in paragraph 51 of the resolution. The Assembly wel-
comes the progress in regional cooperation in some geographical areas,
through the Jakarta Statement on Enhancement of Safety, Security and En-
vironmental Protection in the Straits of Malacca and Singapore, adopted on 8
September 2005, and the Regional Cooperation Agreement on Combating
Front. Law China (2006) 3: 363-371 369

Piracy and Armed Robbery against Ships in Asia, adopted on 11 November

2004 in Tokyo and urges States to give urgent attention to adopting, con-
cluding and implementing cooperation agreements at the regional level in
high-risk areas.
A tsunami early warning system in the Indian Ocean should be ready for
installation in mid-2006.
An important area that cooperation is of vital importance is maritime secu-
rity and safety. Creating the conditions that enable the safe and efficient
navigation of ships through the world's oceans is essential for global trade.
As today's challenges to maritime security are wide-ranging, global in scope
and often connected, cooperation on all threats to security issues is crucial
for their prevention and suppression as well as for safety of navigation. It is
therefore important to intensify cooperation at all levels to address threats to
maritime security and safety in a comprehensive manner through bilateral
and multilateral instruments and mechanisms aimed at monitoring, prevent-
ing and responding to such threats."

III Common interests of India and China

The world has changed dramatically over the years, and being two of the
world's largest and most populous developing countries, India and China
should remain in close touch on issues concerning developing nations. "For
the two nations that have one-third of humanity, we have taken the first few
steps. We need to do much more to fulfill our true potential in a multipolar
world order, in fashioning pragmatic responses to globalization and promot-
ing peace, stability and development in Asia and the world, "In this period,
the two countries have developed a wide canvas of beneficial cooperation,"
"Our dialogue now addresses not only areas in which we can improve coop-
eration, but also terrorism, security, environment, sustainable development
and multilateral economic regimes, " "effective alliance" between the two
countries in the information-technology (IT) sector by channeling their "po-
tent force" to bridge the digital divide that is stifling economic and social
development in both the nations." 12
China-India relations have entered a new stage, referring to a declaration
on principles for relations and comprehensive cooperation between the two
countries. The two largest developing countries of Asia and the world have
extensive common interests.

" Sixty-first session, Item 69 (a) of the preliminary list*, the Oceans and the Law of the Sea. A/61/63,
p 102-105.
Wen: China-India ties enter new stage (2003-06-23 00:21), http://www chinadaily.com.cn
370 Front. Law China (2006) 3: 363-371

The important common interests of these two countries mainly include:

(a) extensive cultural contact;
(b) broaden bilateral ties in various areas;
(c) bilateral agreements on science and technology cooperation;
(d) on civil aviation to establish direct air links and on cultural exchanges;
(e) Joint-investment projects;
(f) Cooperation in fields such as disaster prevention.
The two countries have established the Strategic and Cooperative Partner-
ship for Peace and Prosperity. The two sides have also agreed to hold annual
diplomatic consultations between foreign ministers, and to set up a joint
ministerial committee on economic and scientific cooperation and a joint
working group on the boundary issue. The latter group was to be led by the
Indian foreign secretary and the Chinese vice minister of foreign affairs.
Global security issues in specific areas like terrorism and security in Cen-
tral Asia are areas of convergence for the two countries. Defeating terrorism
is a priority that drives not only military action to subdue individual terror-
ists and deter their supporters but also multilateral cooperation in law en-
forcement and intelligence sharing.
In June 1993, the two countries agreed to open an additional border trad-
ing post.
During Sharad Pawar's July 1992 visit to Beijing, the first ever by an In-
dian minister of defence, the two defense establishments agreed to develop
academic, military, scientific, and technological exchanges and to schedule
an Indian port call by a Chinese naval vessel.
From our Chinese perspective it is obvious that the various maritime chal-
lenges must be addressed on a multilayered basis. Most challenges require a
bilateral or multilateral approach. The parameters of cooperation for the
maritime security, as we considered so far, include the following:
(a) Increased cooperation between the Navies, Coastguards and Marine
Police;
(b) Sharing of intelligence in real-time;
(c) Natural legal assistance to handle the offenders;
(d) Extradition of such criminals;
(e) Joint exercises among security and law enforcement agencies;
(f) Training and mutual exchange programmes;
(g) Cooperation through the Interpol.

IV Conclusion

The decision to celebrate 2006 as the "year of friendship" was taken during
Front. Law China (2006) 3: 363-371 371

Chinese Premier Wen Jiabao's visit to India in April last year, which was
seen the signing of a strategic and cooperative partnership for peace and
prosperity between the two countries. I would conclude by quoting Hu Jintao,
President of China and Dr. Manmohan Singh, the Prime Minister of India.
"The role of India-China friendship is very imperative and important in
promoting peace, stability and development in Asia and the entire world."l 3
"We are confident that in the New Year, we will be able to continue, with
greater determination, to impart further depth and substance to our rapidly
growing ties, and add an important new chapter to India-China friendship".
"We must fight terrorism wherever it exists because terrorism anywhere
threatens survival everywhere." 14

Swww. timesofindia.indiatimes.com. 2006-04-20 17:11:47 www CRIENGLISH.com

" India-China Friendship Year Begins, 2006-04-20 17:11:47 www.CRIENGLISH.com