Ma reaffirms Taiwan’s stance on maritime rights in WSJ article

2016/05/19

President Ma Ying-jeou urged May 16 The Hague to recognize the status of Taiping Island as a bona fide island with requisite rights to a continental shelf and exclusive economic zone, adding that the international community should not turn a blind eye to any violation of the U.N. Convention on the Law of the Sea.

At present, Taiwan is involved in two separate disputes over the status of Taiping Island and Okinotori reef in the Western Pacific, Ma said. “These claims hinge on the very definition of an island under [UNCLOS], and their outcome stands to influence the way maritime business is conducted the world over.”

The president made the remarks in a commentary published by The Wall Street Journal. It helps explain Taiwan’s stance on a case filed by the Philippines against mainland China to the Permanent Court of Arbitration at The Hague in which Manila is attempting to downgrade the legal status of Taiping Island to that of a mere rock.

“Taiping Island, the largest naturally formed land feature in the Nansha [Spratly] Islands, covers an area of 0.51 square kilometers. It has ample natural fresh water. It has arable land, with natural and fertile soil that produces more than 10 species of fruits and vegetables,” he said, adding that Taiping Island supports livestock while boasting evidence of a century of human habitation and economic activity.

This is ample proof that Taiping Island meets the standards of an island as set down in Article 121 of UNCLOS, and is entitled to a continental shelf as well as an EEZ of 200 nautical miles, according to Ma.

Based on the same criteria, the president refuted Japan’s unilateral claim that Okinotori reef is an island, not a rock. “Okinotori reef consists of two rocks that are barely 16 centimeters above water at high tide, with a total area of only nine square meters, or two king-size beds. Okinotori reef, with no fresh water or arable land, cannot sustain human habitation or economic life.”

As per UNCLOS, the legal status of Okinotori reef as a rock entitles Japan to claim 12 nautical miles of territorial waters, and the surrounding area outside that must be considered international waters instead of Japan’s EEZ.

Ma said Japan breached the spirit of UNCLOS by detaining April 26 a Taiwan fishing boat operating outside Okinotori reef’s territorial waters and releasing the crew after a 6 million yen (US$54,937) security deposit was paid. “[Japan’s actions] are in violation of Article 87 of UNCLOS, which provides for freedom of fishing for all nations on the high seas.

“Such illegal actions inflict considerable damage to Japan’s image as a responsible partner in the global community. It also undermines the deep friendship between the people of Japan and Taiwan that was most recently on display after strong earthquakes struck both countries.”

In addition to lodging formal protests with Japan, Ma said the government is safeguarding the rights of Taiwan fishermen by patrolling the area with vessels from the Coast Guard Administration and Fisheries Agency. “As a state party to UNCLOS since July 1996, Japan should not violate its provisions,” he added. “No country should be allowed to violate UNCLOS.”

Source: Taiwan Today (http://taiwantoday.tw/ct.asp?xItem=244798&ctNode=2194&mp=9)