BEIJING, June 18 (Xinhua) -- A Chinese expert said Wednesday that the joint
development understanding reached by China and Japan over the East China Sea is
"flexible" and "pragmatic", serving the interests of both sides.
"The agreement is flexible and pragmatic and without prejudicing their
respective legal positions," Liu Nanlai, an expert with the Chinese Academy of
Social Sciences on international law, said in a story published on website of
the Global Times.
Liu said that the terms such as "transitional period", "provisional
arrangements" and "without prejudicing their respective legal positions"
mentioned in the understanding complied with international law and practice.
According to the United Nations Convention on the Law of the Sea, signed in
1982, countries that have differences over the delimitation of sea areas can
"enter into provisional arrangements of a practical nature" before the final
delimitation, and such arrangements shall be without prejudice to the position
of the countries concerned or to the final delimitation.
There have been over 20 international agreements related to the joint
development in an aim to resolve the problems of the delimitation of sea areas,
Liu added.
Liu said the understanding has three features in an international legal
perspective.
First, the block for the joint development "is not big" and only covers
about 2600 square meters. However, it bears very strong symbolic meanings.
"It can be regarded as an experiment and the two countries are likely to
continue the joint development scheme in other areas in the East China Sea", Liu
said.
Second, the jointly-recognized "principle of reciprocity" would help
establish joint investment, joint exploration and share of the resource within
the block.
Third, the understanding is of "provisional" and "principled" nature and
requires equal consultation and pragmatic cooperation for future implementation.
"The two countries still have a long way to go," Liu said.
On the question of China changing its stance on the issue of the East China
Sea, Liu said neither the legal position of China nor Japan would be affected by
the scheme.
The Chinese and Japanese governments announced on Wednesday that both sides
had reached principled consensus on the East China Sea issue.