US Establishes ‘Marine Protected Area,’ Muddies Boundary of International Waters

Published in Guangzhou Daily
(China) on 20 June 2014
by (link to originallink to original)
Translated from by Kartoa Chow. Edited by Bora Mici.
The Obama administration announced on June 17 that the U.S. would create the world’s largest marine protected area in the Central Pacific Ocean. This would expand the 87,000 square miles of reef area currently under American control to 782,000 square miles, extending the width of the protected area to 200 miles out at sea. The U.S. will prohibit fishing, resource development and other activities inside the protected region, including areas near certain remote uninhabited islands.

The U.S. establishment of a large-scale marine protected area is a novel move for the world, and there is uncertainty as to how it may be in accordance with international laws. The U.S. has not yet joined the United Nations Convention on the Law of the Sea. Its approval for establishing a marine protected area seems to make up for the 200-mile exclusive economic zone which is off limits to those countries that are not parties to the convention. As to whether the U.S. has a separate agenda, the world will have to wait and see.

Protecting the ocean is quite a noble reason, but even a good Samaritan has to comply with international laws. The U.S. seems to be purposely approving a "marine protection" that exceeds certain restrictions, creating a 782,000-square mile special reality at sea, and making its own presence in the Pacific Ocean more expansive and involved.

Discussions on the U.S.-led Trans-Pacific Partnership Agreement are currently in full swing. And the U.S. is now announcing the marine protected area in the Central Pacific. With much of the world media simultaneously reporting on these two actions by the United States, people can vaguely sense that they certainly are interrelated.

Regarding international affairs, the U.S. has the world’s strongest strategic design and implementation capacity. Standing at the top of international politics, the U.S. can see some things that other countries cannot, while keeping hidden certain things that it wants to remain secret. Questioning the U.S. requires strength and courage to withstand retaliation. As a result, although sensing selfish motives from the United States, many countries cannot overcome them.

Even facing potential challenges, China should urge the international community to demand an explanation from the U.S. on its declaration of a marine protected area. Although this behavior extends to international waters, this area was not a U.S.-exclusive economic zone. The U.S. needs to tell the world which international law it was in accordance with in order to justify its actions.

Japan comprises perhaps the first wave of victims. Japanese people love tuna, and many of those fish are caught in that area. The direct impact on China is currently minimal, but the future is uncertain. The U.S. continues to interfere with China’s sovereignty over the East China Sea. If China wants to acquire a bargaining chip on the U.S. maritime conflict, now is not a bad opportunity.

China suggests the establishment of a new type of "great-power" relations with the United States. The U.S. has also said this many times in the past. However, it is unclear how aligned the intention of the Americans is with the definition of the Chinese. We feel that while both countries have described an expansive Pacific that can completely accommodate the two great powers, the U.S. attitude was not sufficiently sincere. The U.S. is on high alert over China’s naval activities. In response to the Chinese navy’s occasional appearance outside the first island chain, the U.S. always opines and echoes Japan’s dissatisfaction.

American military bases and the islands controlled by them are scattered in all directions of the Pacific Ocean. The U.S. is certainly heading toward increasing its control over the entire ocean, given its plans around those bases and islands. If the U.S. can arbitrarily change the definition of international waters, and each time the outside world mutters not a single word, this can be detrimental to the world, as well as China in the long run.


  奥巴马政府17日宣布,将在太平洋中部建世界最大的海洋保护区,把目前美国控制岛礁周围8.7万平方海里的保护范围显著扩大到78.2万平方海里,保护区的宽度将向外海延伸到200海里。美国将禁止在保护区、包括一些偏远无人居住的岛屿附近海域进行捕鱼、能源勘探和其他活动。

  美国设立大范围海洋保护区是国际上很新颖的举动,人们尚不清楚它的国际法依据。美国至今没有加入《联合国海洋法公约》,美国似在通过设立海洋保护区,来弥补非公约缔约国不享有200海里专属经济区权益的缺失。至于美国是否还有其他目的,有待世人观察。

  保护海洋是相当高尚的理由,但即使做好事,也需符合国际法。美国很像是故意要通过“保护海洋”突破一些限制,制造一个78.2万平方海里的特殊海上现实,使自己在太平洋的存在更加膨胀和深入。

  由美国主导的《跨太平洋伙伴关系协议》(TPP)正处于紧锣密鼓的谈判中,现在美国又宣布了太平洋中部的海洋保护区,大量世界媒体同时提到美国的这两个行动,说明人们都隐约感到这两件事有着一定内在联系。

  在国际事务中,美国有着全球最强的战略设计和实施能力。它站在国际政治的顶端,能看到一些其他国家看不到的东西,也能把不想让别人看清楚的东西隐藏起来。质疑美国需要实力,需要准备承受美国换个地方给你穿小鞋的勇气,因此很多国家感觉到了美国的私心,却无力将它捅破。

  即使可能有些困难,但中国还是应当促使国际社会要求美国对它宣布设立海洋保护区做出解释。毕竟美国的这个行为发生在公海上,那里不是美国的专属经济区,美国需要告诉世界,它这样做依照了国际法的哪一条。

  日本大概是第一波的受冲击者,日本人最喜欢吃的金枪鱼,有不少就捕捞于那一带海域。中国当下受到的直接冲击不多,但今后就说不定了。美国不断对中国在东海南海的维权行动说三道四,如果中国想得到一个对美海洋斗争的筹码,现在似乎是不错的机会。

  中国提出同美国建立新型大国关系,美国官方也多次这么说过,但现在并不清楚美国说这句话同中国的意思有多少是一样的。我们感到,当中美都说“宽阔的太平洋完全能够容纳中美两个大国”的时候,美国的态度不够真诚。美国对中国的海洋活动高度警惕,对于中国海军有时出现在第一岛链之外的事实,美国常有一些人发声,呼应日本的不悦声音。

  美国的军事基地和由它控制的岛屿洒落在太平洋的各个方向上,美国围绕那些基地和岛屿做规划,大的方向肯定是增加美国对整个大洋的控制力。如果美国可以随心所欲改变公海的属性,而且每一次外界连声都不吭一声,从长远看,这显然对世界也对中国不利。
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