164
J. Wang
Council and the governments at various levels are subject to the law to provide better
protection for the marine environment.
88 It also sets out the pollutant discharge,
wastes dumping and the construction of coastal projects must be in compliance with
provisions of law and regulations and relevant standard.
89 The Marine Environmental
Protection Law (MEPL) is a special law directly regulating marine environmental
protection, which will be discussed in detail in the next part. Other laws have relevant content of marine environment protection. The Law on the Administration of
the Use of Sea Areas, adopted on October 2001, is a special law on the use of sea
areas. It regulates all excusive activities relating to the continuous use of a specific
sea areas over there months
90 with the aim to safeguard the legitimate rights and
interests of the sea area users and promote sustainable utilization of the sea areas.
The Law on Island Protection constitutes a uniform national law relating to the island
protection. The law is enacted with the purpose of protecting the ecosystem of the
islands and safeguarding China’s marine rights and national interests. It divides the
islands into three categories: inhabited islands, uninhabited islands, and islands of
special uses, to which specific management and protection measure will be applied
respectively. Fishery is one of the most important sea-related activities in China, in
order to regulate the fisheries activities and promote the sustainable development,
China adopted the Fisheries Law in 1986.
91 It provides a broad legislative framework
for the management, conservation, and sustainable development of China’s fisheries
resources and contains some effective conservation measures which include fisheries
license system, total allowable catch system, closed seasons and minimum mesh size
of fishing. All above measures have great contributions to marine resources conservation and environmental protection. The Law on the Prevention and Control of
Environmental Pollution by Solid Waste is enacted with the aim of preventing and
control of environmental pollution by solid wastes. Though the Law does not contain
any provision regarding marine environmental protection, it can help to prevent the
land-based pollution and address the root causes of marine litter. The Law of the
PRC on Exploration and Development of Resources in Deep Seabed Area (The Deep
Seabed Law), passed on 26 February 2016, regulates the resource explorations and
exploitations activities in the Area taken by Chinese natural person, legal entity and
other organizations.
92 It places great emphasis on marine environmental protection,
and sets out in the general provisions that environmental protection and safeguarding
the common interests of mankind are the principles of seabed activities.
93 This Deep
Sea Law is a progressive step of China’s domestic marine legislation in line with the
Area regime under the 1982 LOSC, and will enhance the protection of the marine
88 Environmental Protection Law, Art. 34.
89 Ibid.
90 The Law on the Administration of the Use of Sea Areas, Art. 2.
91 Fisheries Law amended was amended in 2000, 2004 and 2013.
92 The Deep Seabed Law, Art. 2.
93 The Deep Seabed Law, Art. 3. The Seabed Law stipulates four major principles of exploration
and development of resources in deep-sea areas, the other two principles are peaceful use and
cooperation and sharing.
J. Wang
Council and the governments at various levels are subject to the law to provide better
protection for the marine environment.
88 It also sets out the pollutant discharge,
wastes dumping and the construction of coastal projects must be in compliance with
provisions of law and regulations and relevant standard.
89 The Marine Environmental
Protection Law (MEPL) is a special law directly regulating marine environmental
protection, which will be discussed in detail in the next part. Other laws have relevant content of marine environment protection. The Law on the Administration of
the Use of Sea Areas, adopted on October 2001, is a special law on the use of sea
areas. It regulates all excusive activities relating to the continuous use of a specific
sea areas over there months
90 with the aim to safeguard the legitimate rights and
interests of the sea area users and promote sustainable utilization of the sea areas.
The Law on Island Protection constitutes a uniform national law relating to the island
protection. The law is enacted with the purpose of protecting the ecosystem of the
islands and safeguarding China’s marine rights and national interests. It divides the
islands into three categories: inhabited islands, uninhabited islands, and islands of
special uses, to which specific management and protection measure will be applied
respectively. Fishery is one of the most important sea-related activities in China, in
order to regulate the fisheries activities and promote the sustainable development,
China adopted the Fisheries Law in 1986.
91 It provides a broad legislative framework
for the management, conservation, and sustainable development of China’s fisheries
resources and contains some effective conservation measures which include fisheries
license system, total allowable catch system, closed seasons and minimum mesh size
of fishing. All above measures have great contributions to marine resources conservation and environmental protection. The Law on the Prevention and Control of
Environmental Pollution by Solid Waste is enacted with the aim of preventing and
control of environmental pollution by solid wastes. Though the Law does not contain
any provision regarding marine environmental protection, it can help to prevent the
land-based pollution and address the root causes of marine litter. The Law of the
PRC on Exploration and Development of Resources in Deep Seabed Area (The Deep
Seabed Law), passed on 26 February 2016, regulates the resource explorations and
exploitations activities in the Area taken by Chinese natural person, legal entity and
other organizations.
92 It places great emphasis on marine environmental protection,
and sets out in the general provisions that environmental protection and safeguarding
the common interests of mankind are the principles of seabed activities.
93 This Deep
Sea Law is a progressive step of China’s domestic marine legislation in line with the
Area regime under the 1982 LOSC, and will enhance the protection of the marine
88 Environmental Protection Law, Art. 34.
89 Ibid.
90 The Law on the Administration of the Use of Sea Areas, Art. 2.
91 Fisheries Law amended was amended in 2000, 2004 and 2013.
92 The Deep Seabed Law, Art. 2.
93 The Deep Seabed Law, Art. 3. The Seabed Law stipulates four major principles of exploration
and development of resources in deep-sea areas, the other two principles are peaceful use and
cooperation and sharing.