54
Y. Jin
January1, 1984),
43 this law aims to strengthen the management of maritime traffic;
ensure the safety of vessels, installations, human life and property; and safeguard
the rights and interests of the State. This law shall apply to all vessels, installations
and personnel and to the owners and managers of such vessels and installations that
navigate, berth or operate in the coastal waters of the People’s Republic of China.
The harbor superintendence agencies of the People’s Republic of China shall be the
competent authorities responsible for the unified supervision and administration of
traffic safety in the coastal waters.
Article 4 of the Provisions of the People’s Republic of China on the Administration
of Foreign-related Marine Scientific Research (adopted on June 18, 1996 and entered
into force on October 1, 1996)
44 states that a foreign party (i.e. an international
organization, a foreign organization or individual) intending to conduct maritime
scientific research in the internal seas or territorial seas of the People’s Republic of
China should undertake it in collaboration with a Chinese party. In other sea areas
under the jurisdiction of the People’s Republic of China, a foreign party may conduct
maritime scientific research independently or in collaboration with a Chinese party.
Such activities shall be subject to the approval of the state administrative department
of marine affairs, or be reported by the state administrative department of marine
affairs to the State Council for approval, and shall be in conformity to laws and
regulations of the People’s Republic of China. Meanwhile, (Article 5) provides for
the date of receiving written application, the examination authority and the date of
deciding whether to or not grant the approval and other issues.
The Legislation and Core Content on Special Systems on the Law
The Law of the People’s Republic of China on the Protection of Offshore Islands
(adopted on December 26, 2009 and entered into force on March 1, 2010)
45 aims
to protect the ecosystems of islands and their surrounding waters, rationally develop
and exploit the natural resources of islands, protect the oceanic rights and interests
of the state, and promote sustainable economic and social development (Article 1).
The term “islands” as mentioned in this Law refers to the naturally formed land
areas which are surrounded by seawater and above the surface of water at high tide,
including inhabited islands and uninhabited islands (Article 2). The state shall apply
the principle of “scientific planning, giving priority to protection, rational development and sustainable utilization” to islands (Article 3). Meanwhile, according to
Article 22, the state shall protect the military facilities established on the islands, and
it shall be prohibited to damage or endanger such military facilities. The state shall
43 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. 366–375.
44 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. 494–498.
45 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. 350–365.
Y. Jin
January1, 1984),
43 this law aims to strengthen the management of maritime traffic;
ensure the safety of vessels, installations, human life and property; and safeguard
the rights and interests of the State. This law shall apply to all vessels, installations
and personnel and to the owners and managers of such vessels and installations that
navigate, berth or operate in the coastal waters of the People’s Republic of China.
The harbor superintendence agencies of the People’s Republic of China shall be the
competent authorities responsible for the unified supervision and administration of
traffic safety in the coastal waters.
Article 4 of the Provisions of the People’s Republic of China on the Administration
of Foreign-related Marine Scientific Research (adopted on June 18, 1996 and entered
into force on October 1, 1996)
44 states that a foreign party (i.e. an international
organization, a foreign organization or individual) intending to conduct maritime
scientific research in the internal seas or territorial seas of the People’s Republic of
China should undertake it in collaboration with a Chinese party. In other sea areas
under the jurisdiction of the People’s Republic of China, a foreign party may conduct
maritime scientific research independently or in collaboration with a Chinese party.
Such activities shall be subject to the approval of the state administrative department
of marine affairs, or be reported by the state administrative department of marine
affairs to the State Council for approval, and shall be in conformity to laws and
regulations of the People’s Republic of China. Meanwhile, (Article 5) provides for
the date of receiving written application, the examination authority and the date of
deciding whether to or not grant the approval and other issues.
The Legislation and Core Content on Special Systems on the Law
The Law of the People’s Republic of China on the Protection of Offshore Islands
(adopted on December 26, 2009 and entered into force on March 1, 2010)
45 aims
to protect the ecosystems of islands and their surrounding waters, rationally develop
and exploit the natural resources of islands, protect the oceanic rights and interests
of the state, and promote sustainable economic and social development (Article 1).
The term “islands” as mentioned in this Law refers to the naturally formed land
areas which are surrounded by seawater and above the surface of water at high tide,
including inhabited islands and uninhabited islands (Article 2). The state shall apply
the principle of “scientific planning, giving priority to protection, rational development and sustainable utilization” to islands (Article 3). Meanwhile, according to
Article 22, the state shall protect the military facilities established on the islands, and
it shall be prohibited to damage or endanger such military facilities. The state shall
43 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. 366–375.
44 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. 494–498.
45 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. 350–365.