The Settlementof the South China SeaDisputes Has to Respect the Truth of History

Dekun HU

The Settlementof the South China SeaDisputes Has to Respect the Truth of History

Dekun HU①

Distinguished guests，ladies and gentlemen，

Thank you for com ing to today’s sem inar.On behalf of the Collaborative Innovation Center for Territorial Sovereignty and Maritime Rights and of the Wuhan University China Institute of Boundary and Ocean Studies，let me extend my warmest welcome to all distinguished guests.

The Center is a leading Chinese multi-disciplinary research platform and influential think-tank in the field of territorial，boundary and maritime affairs.It is based in China Institute of Boundary and Ocean Studies and The Institute of International Law of Wuhan University，and co-established w ith other universities and research institutes in China.The Center brings together a group of experts from multiple disciplines including International Law，History，International Relations，World Economy，Surveying andMapping，WaterConservancyand Hydropower，to focuson Boundary and Ocean issues.Isincerely hope that we could build a long-term academic cooperation and exchange with all of you.

Iam aprofessorofhistory，Ibelieve thatitisthe traditionof thisdiscipline，both in Chinaandabroad，to respect the truth of history and tell the facts.Ever since the 2nd Century BC，our ancestors left their footprints on the islands in the South China Sea.They discovered and named the islands through winds and waves，they explored and lived in this area for more than 2 000 years.From 1405 to 1431，The Chinese explorer Zheng He，withhis fleet，passed through the South China Sea and theStrait of Malacca 7 times and reached the Indian Ocean as well as countries in Eastern A frica.These great expeditions did not only strengthen the relations between China and other states，but also increased the awareness and usage of islandsand reefs in the South China Sea.However，in the 18th century，since First Opium War occurred，Westernpowers invaded China and forced the cession of territories and the payment of indemnities.Colonialism underm ined the sovereignty and territorial integrity of China.In 1895，through a war of aggression against China，Japan forced the Qing government to sign the unequal treaty of shimonoseki and occupied Taiwan.In the 1920s，Japan began to take illegal exploitation in China’s Xisha Islands and Nansha Islands.At the beginning of 1930s，France occupied 9 of Nansha Islands.The Chinesegovernmentcontinuously protested againstFrance’soccupation.In1939，Japan furtheroccupied the whole of the Xisha Islands and of the Nansha Islands.After the Second World War，on December 1946，China recovered its sovereignty and jurisdiction over the Xisha and Nansha islands，in compliance of theCairo Declarationwhich statesthat“the territoriesstolenby Japan from China，suchasManchuria，Taiwan，the Pescadores Islands and so on，should be returned to Republic of China.”In January 1948，China officially unveiled the map of the South China Sea to the international community，including the U-shape line.None of the countries in the South China Sea area raised any objection，the Premier of Vietnam Ph？m V？n？？ng even expressed his recognition.But in 1970s，the situation in the South China Sea changed dramatically after the discovery of oil and gas in the area.The u-shape line’s status was challenged.Countries like Philippines and Vietnam started illegally to occupy the islands in South China Sea and exploited oil and gas on its own.This is when and how disputes in the South China Sea arose. Under these circumstances，China，at thebeginning，proposed to solve the disputes and the delim itation of the maritime boundaries through negotiation instead of use of force.Unfortunately，this proposal was rejected.China，again，suggested the idea of“Keeping sovereignty claim，shelving disputes and making joint development”，but this proposal was equally rejected.All these disputes emerged before the conclusion of UNCLOS.I do hope our respected guests could beware these historic facts during thediscussion about the arbitration on the South China Sea issue.

It should be mentioned that the United States，during its rule over the Philippines，has never recognized the Nansha Islands as the Philippines’Territory.In the 1970s，the Philippines illegally occupied China’s Nansha Islands.This is clearly an act of aggression.In order to cover up its act of aggression，the Philippines，in the proceedings before the Permanent Court of Arbitration（the PCA），described the largest of Nansha Islands，Taiping Island，as one“rock”in order to deny China’s sovereignty over Nansha Islands and the maritime rights and benifitsin international law.As far as I know，Taiping Island is typically an island rather than a rock.When the Chinese government recovered Taiping Island after the WW 2，itfound six freshwaterwellsand some lushplants.Theisland issuitable forplanting crops，fruits and vegetables which could meet the basic needs of the people on the island.According to Japanese archives，during the occupation of Taiping Island，Japan frantically exploited the phosphate rock and there were over 300 people living on the island.May we ask，which rock can accommodate 300 people living and working？Obviously，the Philippines is using a lie to deceive the international community.

Ladies and Gentlemen，China once created a great civilization in ancient times，but became a backward country in Modern times.China’s sovereignty was underm ined and part of its territory were lost due to the invasionofwestern colonial powers.During the SecondWorld War，asan longest independent battleground，Chinahad foughtagainst Japanese for fourteen years，and thirty-fivem illion Chinesepeople were wounded or killed during the war.Together w ith its allies，e.g.the United States，the United Kingdom and SovietUnion，Chinawon thewarand contributed immensely toworld peace.China finally got a chance to recover its lost part of territory.However，for various reasons，China is the only country that has not fully recovered its whole territory yet，among the five big anti-fascist countries.A fter the war，even a defeated country such as Japan can bully China，this is unfair and abnormal from the perspective of the international order.

Among you，distinguished guests，the elitesw ithin the field of international law，all understand the true meaning of the international rule of law.We should respect historical facts，make reasonable interpretation of international law.We should actively promote the establishment of a regional maritime legal order in South China Sea，promote a proper，long-term and fair solution to the South China Sea disputes，and maintain peace，stability and mutually-beneficial cooperation in the South China Sea.I sincerely hope that this sem inar can make new contributions to the proper solution of the South China Sea disputes.

April is the most beautiful season in Wuhan University，the spring breeze carrieswarm th and the flowers are in full bloom.Ihope you canhave a nice weekend in Wuhan University.Thank you very much！

●作者信息：胡德坤，武汉大学资深教授，武汉大学中国边界与海洋研究院院长，国家领土主权与海洋权益协同创新中心主任；湖北 武汉 430072。

①Senior Professor of World History at Wuhan University，Dean of Wuhan University China Institute of Boundary and Ocean Studies（WHU-CIBOS），Di rector of Collaborative Innovation Center for Territorial Sovereignty and M aritime Rights（CICTSMR）.Thispaper is the Welcome Rem arks and Keynote Speech made by Professor Dekun HU，presented at the International Seminar on the Application of Compulsory Procedures under UNCLOS to the South China Sea Arbitration held by WHU-CIBOS&CICTSMR at Wuhan University on 16 April 2016.The author is grateful to Doctor Lisi HA，Doctor Chan YANG，M r.Kaijun PAN and M r.Weijing XING from WHU-CIBOS&CICTSMR for their translation from the Chinese version into English one of this paper.A lso，many thanks to Professor M inyou YU and Associate Professor Wei HUANG for their proofreading this paper.

●责任编辑：张愿