CHINAQS PERM MISSION INTERNATIONAL SEABED AUTHORITY DIPNOTE

UNCLAS KINGSTON 000394

SIPDIS

SENSITIVE

STATE FOR WHA/CAR (ACADIEUX) (VDEPIRRO) (WSMITH)
WHA/EPSC (MROONEY)(FCORNEILLE)
EAP/CM (DAVID SHEAR)
INR/RES (RWARNER)
OES FOR KENLI SCHAAF

E.O. 12958: N/A
TAGS: PHSA EWWT PBTS SENV EMIN ASEC SOCI CH XE XL JM
SUBJECT: CHINAQS PERM MISSION INTERNATIONAL SEABED AUTHORITY DIPNOTE

REF: A) STATE 49356


1. (SBU) SUMMARY: On May 18, Post received the following dipnote from
the Permanent Mission of the PeopleQs Republic of China to the
International Seabed Authority.

BEGIN TEXT:

The Permanent Mission of the People's Republic of China to the
International Seabed Authority presents its compliments to the Embassy
of the United States of America and, with regard to the emerging issue
of encroachment upon the International Seabed Area, has the honor to
state as follows:

The Chinese government adheres to its longstanding view that the
international community shall protect and preserve the integrity of the
Area. While States Parties to the United Nations Convention on the Law
of the Sea (hereinafter referred to as "the Convention") have the right
to establish their continental shelf beyond 200 nautical miles, they
shall exercise such right strictly in accordance with the Convention.
Particularly, States Parties shall have the obligation to ensure the
respect for the extent of the Area, which is the common heritage of
mankind, and prevent it from encroachment by extension of the outer
limits of their continental shelf inconsistent with the Convention.

The Chinese government is deeply concerned about the relevant State
practices in this regard. For instance, in its submission to the
Commission on the Limits of the Continental Shelf (hereinafter referred
to as "the Commission") dated on 12 November 2008, Japan claims the
continental shelf both within and beyond 200 nautical miles measured
from the basepoint the rock of Oki-no-Tori, which, on its natural
conditions, obviously cannot sustain human habitation or economic life
of its own, and therefore, pursuant to Article 121(3) of the
Convention, shall have no exclusive economic zone or continental shelf.
Still less shall it have the right to the extended continental shelf
beyond 200 nautical miles.

If such a rock of less than 10 square meters and only a dozen
centimeters above sea-level at high tide could have continental shelf
covering hundreds of thousands of square kilometers, it will gravely
encroach upon the Area, a common heritage of mankind, and undermine the
overall interests of the international community. The pernicious
precedent as a result of this may bring even more unpredictable
consequences, as the "common heritage of mankind" will be subject to
arbitrary appropriation, and the principle of freedom of the sea and
the orderly development and utilization of the Area will be seriously
disrupted.

The Chinese government believes that, as members of the international
community, we have the responsibility to jointly safeguard the Area as
the common heritage of mankind, uphold the integrity and authority of
the Convention and call upon the international community to pay
attention to this issue.

The Chinese government will appreciate it if the United States of
America could exert positive influence and make a statement at the l5th
Session of the International Seabed Authority in May to express
concerns on the above-mentioned issue to support the Chinese position.

The Permanent Mission of the People's Republic of China to the
International Seabed Authority avails itself of this opportunity to
renew to the Embassy of the United States of America the assurances of
its highest consideration.

Embassy of the United States of America
Jamaica

END TEXT


2. (SBU) Please advise of any response or other steps which Post should
take in advance of the Fifteenth Session of the Assembly of the
International Seabed Authority (ISA) to be held in Kingston, MAY 25 -
June 5, 2009.

MOSS