9 Chinese Law and Policy on Marine Environmental Protection
157
pressures on the marine environment. In addition, the negative impact or effect of
climate change will impose new challenges on marine environmental protection.
To address the issue of marine environmental deterioration, China has developed a strong national regulatory framework to ensure the conservation of marine
environment and sustainable management of marine activities.
9.3 Policy Framework for Marine Environmental
Protection
China’s ocean policy can be traced back to the late 1970s. In 1978 China began to
implement its economic reform and open-door policy, after that the Chinese government started to consider making ocean policy.
44 The developments of China’s ocean
policy can be divided into four stage.
The first period is the initial stage, which is from 1982 to 1995.
45 In this period,
China’s ocean policy is influenced by the economic development and the Third United
Nations Conference on the Law of the Sea (UNCLOS III) (1973–1982). The LOSC
characterized as the constitution of the ocean, was adopted at the UNCLOS III in 1982
and came into force in 1994.
46 The LOSC has provided a legal framework to govern
all aspects of ocean activities and profoundly extended the rights and jurisdiction of
coastal states. In order to strive for benefits in this new era of international ocean
reform, China’s ocean policy reflects one key factor that to protect national interests
and to comply with the objectives of the LOSC. This can be reflected by the formulation of the Marine Environmental Protection Law of the People’s Republic of China
(MEPL)
47 and the Law of the PRC on Territorial Sea and the Contiguous Zone of
1992.
48 In addition, with the implementation of economic reform, the development of
economy was given priority by Chinese government in this period. The emphasis on
marine economic development and implementation of the market-oriented economy
44 Keyuan Zou, China’s Ocean Policymaking: Practice and Lessons, Coastal Management, Vol. 40,
2012, p. 146.
45 Yang Xu, Overview of China’s Marine Environmental Governance Policies: An Empirical Study
Based on 161 Policy Texts from 1982 to 2015 (in Chinese), China Population, Resources and
Environment, Vol. 28, No. 1, 2018,p. 168.
46 See Codification Division Publications, ‘Third United Nations Conference on the Law of the Sea’,
available at https://legal.un.org/diplomaticconferences/1973_los/, last accessed 28 January 2020.
47 Marine
Environment
Protection
Law
of
the
People’s
Republic
of
China was promulgated on 23 August 1982, full text is available at
english.mofcom.gov.cn/aarticle/lawsdata/chineselaw/200211/20021100050463.html, last accessed
3 June 2020.
48 The Law of the PRC on Territorial Sea and the Contiguous Zone The Law of the People’s Republic
of China on the Territorial Sea and the Contiguous Zone, adopted at the 24th Meeting of the Standing
Committee of the Seventh National People’s Congress on February 25, 1992, full text is available
at http://www.asianlii.org/cn/legis/cen/laws/lotprocottsatcz739/, last accessed 3 June 2020.
157
pressures on the marine environment. In addition, the negative impact or effect of
climate change will impose new challenges on marine environmental protection.
To address the issue of marine environmental deterioration, China has developed a strong national regulatory framework to ensure the conservation of marine
environment and sustainable management of marine activities.
9.3 Policy Framework for Marine Environmental
Protection
China’s ocean policy can be traced back to the late 1970s. In 1978 China began to
implement its economic reform and open-door policy, after that the Chinese government started to consider making ocean policy.
44 The developments of China’s ocean
policy can be divided into four stage.
The first period is the initial stage, which is from 1982 to 1995.
45 In this period,
China’s ocean policy is influenced by the economic development and the Third United
Nations Conference on the Law of the Sea (UNCLOS III) (1973–1982). The LOSC
characterized as the constitution of the ocean, was adopted at the UNCLOS III in 1982
and came into force in 1994.
46 The LOSC has provided a legal framework to govern
all aspects of ocean activities and profoundly extended the rights and jurisdiction of
coastal states. In order to strive for benefits in this new era of international ocean
reform, China’s ocean policy reflects one key factor that to protect national interests
and to comply with the objectives of the LOSC. This can be reflected by the formulation of the Marine Environmental Protection Law of the People’s Republic of China
(MEPL)
47 and the Law of the PRC on Territorial Sea and the Contiguous Zone of
1992.
48 In addition, with the implementation of economic reform, the development of
economy was given priority by Chinese government in this period. The emphasis on
marine economic development and implementation of the market-oriented economy
44 Keyuan Zou, China’s Ocean Policymaking: Practice and Lessons, Coastal Management, Vol. 40,
2012, p. 146.
45 Yang Xu, Overview of China’s Marine Environmental Governance Policies: An Empirical Study
Based on 161 Policy Texts from 1982 to 2015 (in Chinese), China Population, Resources and
Environment, Vol. 28, No. 1, 2018,p. 168.
46 See Codification Division Publications, ‘Third United Nations Conference on the Law of the Sea’,
available at https://legal.un.org/diplomaticconferences/1973_los/, last accessed 28 January 2020.
47 Marine
Environment
Protection
Law
of
the
People’s
Republic
of
China was promulgated on 23 August 1982, full text is available at
english.mofcom.gov.cn/aarticle/lawsdata/chineselaw/200211/20021100050463.html, last accessed
3 June 2020.
48 The Law of the PRC on Territorial Sea and the Contiguous Zone The Law of the People’s Republic
of China on the Territorial Sea and the Contiguous Zone, adopted at the 24th Meeting of the Standing
Committee of the Seventh National People’s Congress on February 25, 1992, full text is available
at http://www.asianlii.org/cn/legis/cen/laws/lotprocottsatcz739/, last accessed 3 June 2020.