ROC President Ma Ying-jeou said Dec. 14 that Taiwan is on the correct path as it takes on the role of a peacemaker seeking to resolve international disputes through peaceful means based on dialogue and international law.
The president made the remarks while attending a forum on contemporary international and supranational law during the annual assembly of the Chinese (Taiwan) Society of International Law in Taipei City.
Taking the Diaoyutai Islands as an example, Ma said the ROC has always maintained its sovereignty over the archipelago. In the face of disputes, the president proposed the East China Sea peace initiative Aug. 5, 2012, which emphasizes that while sovereignty cannot be divided, resources can be shared. The initiative urges all parties to use peaceful means to resolve disputes and reduce regional tensions.
Taiwan and Japan subsequently signed a fisheries agreement April 10 this year, establishing fishing zones that excluded the Daioyutai Islands and the surrounding waters within 12 nautical miles, Ma said. The agreement included a without-prejudice clause, to the effect that any such agreements would not influence either side’s claims under the U.N. Convention on the Law of the Sea. The agreement resulted in improved fishermen’s rights and bigger catches without any concession on ROC sovereignty, Ma said. It also reduced the number of violations and increased the speed with which such disputes are resolved.
According to the president, following the fatal attack on Taiwan fishing boat Guang Da Xing No. 28 by a Philippine government vessel in May, the two sides have held two rounds of negotiations toward a Taiwan-Philippines fisheries accord, with consensus reached on the avoidance of force or violence in the resolution of disputes.
Both sides agreed on the need to establish a cooperative mechanism to inform the other side of enforcement procedures, as well as immediate reporting and release mechanisms. These measures are in accord with article 73 of the U.N. convention and provide better protection for fishermen from both sides, Ma said.
Regarding mainland China’s announcement of its East China Sea air defense identification zone, the president said that the purpose of an ADIZ is for early warning and identification, but that these concepts have no basis in international law and are unrelated to territorial sovereignty.
Following Beijing’s ADIZ announcement, Ma said, the ROC immediately clarified its position that the move has no impact on ROC sovereignty over the Daioyutais, and that all parties involved should use the East China Sea peace initiative as a framework for resolving disputes, especially the conducting of bilateral negotiations over overlapping ADIZs in order to avoid accidents.
Ma said ROC air force patrols are proceeding as normal, and the government will continue expressing its firm stance on the matter as Beijing failed to consult with the ROC prior to its ADIZ move, which is not conducive to the positive development of cross-strait relations. The president said Taiwan will continue to notify other nation’s civil aviation authorities of flights by domestic and foreign carriers over the Taipei Flight Information Region to ensure air safety.
The ROC’s ADIZ also overlaps with Japan’s, Ma said, so Taiwan’s civil flights were long harassed or blocked by planes of that country’s Air Self-Defense Force. Following objections and negotiations, the problems have not recurred since the second half of 2012.
Those present at the meeting included Judicial Yuan Vice President Su Yeong-chin, former Control Yuan president Fredrick Chien Fu, CSIL President Chen Chun-I, Taipei City-based Soochow University President Pan Wei-ta, Taipei City-based National Chengchi University law professor Chen Charng-ven, as well as Jerome A. Cohen, a professor of law at New York University School of Law and senior fellow for Asia Studies at the Council on Foreign Relations. (SDH)
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