3 The United Nations Convention …
53
According to Paragraph 3 of Article 2 of the Law of the People’s Republic of
China on the Administration of the Use of Sea Areas (enacted on October 27, 2001
and entered into force on January 1, 2002),
40 this law shall be applicable to any
exclusive activities relating to the continuous use of a specific sea area over three
months within the inland waters or territorial seas of the People’s Republic of China.
Meanwhile, Article 4 to Article 6 set forth that China adopts the marine function
zoning system, the information system for the administration of the use of sea areas,
the registration system for the right to the use of sea areas and the statistics system
for the use of the sea areas.
China enacted the Law of the People’s Republic of China on the Exploration and
Development of Resources in Deep Seabed Areas (adopted on February 26, 2016
and entered into force on May 1, 2016) in accordance with the UNCLOS that for
performing a State Party’s obligation to sponsor natural or juridical persons which
possess the nationality of the State Party or are effectively controlled by the State Party
to carry out activities in the Area according to the UNCLOS, and that the sponsoring
State shall take measures to effectively control the sponsored contractor’s activities
in the Area, as a specific measure of the State Party.
41
The Legislation and Core Content on Systems of Functions of Sea Areas
According to Article 2 ofthe Law of the People’s Republic of China on Marine Environment Protection (adopted on August 23, 1982, three revisions respectively on
December 25, 1999, December 28, 2013 and November 7, 2016),
42 this law shall
apply to the internal seas and territorial seas, contiguous zone, Exclusive Economic
Zone, the continental shelf of the People’s Republic of China and all other sea areas
under the jurisdiction of the People’s Republic of China. This law shall also apply to
the activities conducted beyond the sea areas under the jurisdiction of the People’s
Republic of China that cause pollution to sea areas within the jurisdiction of the
People’s Republic of China. Meanwhile, this law provides corresponding provisions
on the marine environment supervision management, marine ecology protection,
prevention and treatment of the pollution damage of land-sourced pollutants to marine
environment, prevention and treatment of pollution damage of coastal engineering
and marine engineering construction projects to marine environment and the prevention and treatment of pollution damage of vessels and relevant operating activities
to marine environment as well as punishment for various law-breaking activities.
According to Article 1 to Article 3 of the Law of the People’s Republic of China
on Maritime Traffic Safety (adopted on September 2, 1983 and entered into force on
40 Department of Policy, Legislation and Planning State Oceanic Administration Editor, Collection
of the Sea Laws and Regulations of the People’s Republic of China, 4th Edition, Ocean Press, 2012
Edition, pp. 336–249.
41 Law of the People’s Republic of China on the Exploration and Development of Resources in Deep
Seabed Areas consists of 7 chapters and 29 articles. For details, see Law of the People’s Republic
of China on the Exploration and Development of Resources in Deep Seabed Areas (including the
explanation of the draft), China Legal Publishing House, 2016 Edition, pp. 2–12.
42 See https://www.npc.cn/zgrdw/npc/zfjc/zfjcelys/2018-11/12/content_2065782.htm, visited on
June 25, 2020.
53
According to Paragraph 3 of Article 2 of the Law of the People’s Republic of
China on the Administration of the Use of Sea Areas (enacted on October 27, 2001
and entered into force on January 1, 2002),
40 this law shall be applicable to any
exclusive activities relating to the continuous use of a specific sea area over three
months within the inland waters or territorial seas of the People’s Republic of China.
Meanwhile, Article 4 to Article 6 set forth that China adopts the marine function
zoning system, the information system for the administration of the use of sea areas,
the registration system for the right to the use of sea areas and the statistics system
for the use of the sea areas.
China enacted the Law of the People’s Republic of China on the Exploration and
Development of Resources in Deep Seabed Areas (adopted on February 26, 2016
and entered into force on May 1, 2016) in accordance with the UNCLOS that for
performing a State Party’s obligation to sponsor natural or juridical persons which
possess the nationality of the State Party or are effectively controlled by the State Party
to carry out activities in the Area according to the UNCLOS, and that the sponsoring
State shall take measures to effectively control the sponsored contractor’s activities
in the Area, as a specific measure of the State Party.
41
The Legislation and Core Content on Systems of Functions of Sea Areas
According to Article 2 ofthe Law of the People’s Republic of China on Marine Environment Protection (adopted on August 23, 1982, three revisions respectively on
December 25, 1999, December 28, 2013 and November 7, 2016),
42 this law shall
apply to the internal seas and territorial seas, contiguous zone, Exclusive Economic
Zone, the continental shelf of the People’s Republic of China and all other sea areas
under the jurisdiction of the People’s Republic of China. This law shall also apply to
the activities conducted beyond the sea areas under the jurisdiction of the People’s
Republic of China that cause pollution to sea areas within the jurisdiction of the
People’s Republic of China. Meanwhile, this law provides corresponding provisions
on the marine environment supervision management, marine ecology protection,
prevention and treatment of the pollution damage of land-sourced pollutants to marine
environment, prevention and treatment of pollution damage of coastal engineering
and marine engineering construction projects to marine environment and the prevention and treatment of pollution damage of vessels and relevant operating activities
to marine environment as well as punishment for various law-breaking activities.
According to Article 1 to Article 3 of the Law of the People’s Republic of China
on Maritime Traffic Safety (adopted on September 2, 1983 and entered into force on
40 Department of Policy, Legislation and Planning State Oceanic Administration Editor, Collection
of the Sea Laws and Regulations of the People’s Republic of China, 4th Edition, Ocean Press, 2012
Edition, pp. 336–249.
41 Law of the People’s Republic of China on the Exploration and Development of Resources in Deep
Seabed Areas consists of 7 chapters and 29 articles. For details, see Law of the People’s Republic
of China on the Exploration and Development of Resources in Deep Seabed Areas (including the
explanation of the draft), China Legal Publishing House, 2016 Edition, pp. 2–12.
42 See https://www.npc.cn/zgrdw/npc/zfjc/zfjcelys/2018-11/12/content_2065782.htm, visited on
June 25, 2020.