62
Y. Jin
basis of continually learning from other countries’ practices, make various preparations for further enriching and improving the UNCLOS including formulating new
Implementation Agreement concerning freedom of navigation and properly adjusting
the relevant domestic legal system.
Thirdly, there should be supplemental laws and rules on functional affairs of the
sea. In order to explore and exploit the marine space and resources in a sustainable way, it is of special importance to strengthen research and development of
marine science and technology, which is also the key to building China into an
ocean power. Marine science and technology play an important supporting role in
exploring and exploiting marine space and resources including developing a marine
economy. Therefore, regarding functional affairs of the sea, China should enhance
and improve Regulations on the Administration of Foreign-related Marine Scientific
Research, and carry out investigation, research and legislative work for enacting laws
such as the Law on Marine Science and Technology and the Law on Ocean Security.
Fourthly, the marine system and mechanism should be improved to help provide
some guaranty. In order to improve and modernize national governance systems and
capacities, China needs to reforms its sea-related institutions as it is of important
significance for building an ocean power and be able to comprehensively manage
marine affairs. China also needs to seize this opportunity of national institutional
reform, coordinate and clarify powers and functions of sea-related administration authorities (e.g. National Marine Committee, Ministry of Natural Resources,
Ministry of Ecology and Environment, Ministry of Agriculture and Rural Affairs,
General Administration of Customs and China Coast Guard), and further enact and
improve marine laws and rules such as the Basic Law of the Sea and the Organizational Law of China Coast Guard on the basis of Decision on the Exercising of
the Marine Right Safeguarding and Law Enforcement Functions and Powers by the
China Coast Guard (adopted on June 22, 2018 and entered into force on July 1,
2018).
67
3.6 Conclusion
From the content and development trend of the UNCLOS, it is important to enrich
and improve the principles and systems of the law of the sea by further learning
from the development process of the UNCLOS and practical experiences of other
countries. Although China has gradually improved its domestic legal system on the
sea according to the UNCLOS, there are still some difficulties to overcome and
challenges to face. China will need to transform its role and position in the following
67 For details on Plan on Deepening the Party and the Country’s Institutional Reform (21 March
2018) issued by the Central Committee of CPC, see https://www.xinhuanet.com/politics/2018-03/
21/c_1122570517.htm. For details on Decision on the Exercising of the Marine Right Safeguarding
and Law Enforcement Functions and Powers by the China Coast Guard adopted by the Standing
Committee of the 13th National People’s Congress on June 22, 2018, see https://www.npc.gov.cn/
npc/xinwen/2018-06/22/content_2056585.htm.
Y. Jin
basis of continually learning from other countries’ practices, make various preparations for further enriching and improving the UNCLOS including formulating new
Implementation Agreement concerning freedom of navigation and properly adjusting
the relevant domestic legal system.
Thirdly, there should be supplemental laws and rules on functional affairs of the
sea. In order to explore and exploit the marine space and resources in a sustainable way, it is of special importance to strengthen research and development of
marine science and technology, which is also the key to building China into an
ocean power. Marine science and technology play an important supporting role in
exploring and exploiting marine space and resources including developing a marine
economy. Therefore, regarding functional affairs of the sea, China should enhance
and improve Regulations on the Administration of Foreign-related Marine Scientific
Research, and carry out investigation, research and legislative work for enacting laws
such as the Law on Marine Science and Technology and the Law on Ocean Security.
Fourthly, the marine system and mechanism should be improved to help provide
some guaranty. In order to improve and modernize national governance systems and
capacities, China needs to reforms its sea-related institutions as it is of important
significance for building an ocean power and be able to comprehensively manage
marine affairs. China also needs to seize this opportunity of national institutional
reform, coordinate and clarify powers and functions of sea-related administration authorities (e.g. National Marine Committee, Ministry of Natural Resources,
Ministry of Ecology and Environment, Ministry of Agriculture and Rural Affairs,
General Administration of Customs and China Coast Guard), and further enact and
improve marine laws and rules such as the Basic Law of the Sea and the Organizational Law of China Coast Guard on the basis of Decision on the Exercising of
the Marine Right Safeguarding and Law Enforcement Functions and Powers by the
China Coast Guard (adopted on June 22, 2018 and entered into force on July 1,
2018).
67
3.6 Conclusion
From the content and development trend of the UNCLOS, it is important to enrich
and improve the principles and systems of the law of the sea by further learning
from the development process of the UNCLOS and practical experiences of other
countries. Although China has gradually improved its domestic legal system on the
sea according to the UNCLOS, there are still some difficulties to overcome and
challenges to face. China will need to transform its role and position in the following
67 For details on Plan on Deepening the Party and the Country’s Institutional Reform (21 March
2018) issued by the Central Committee of CPC, see https://www.xinhuanet.com/politics/2018-03/
21/c_1122570517.htm. For details on Decision on the Exercising of the Marine Right Safeguarding
and Law Enforcement Functions and Powers by the China Coast Guard adopted by the Standing
Committee of the 13th National People’s Congress on June 22, 2018, see https://www.npc.gov.cn/
npc/xinwen/2018-06/22/content_2056585.htm.