Maritime laws, not only matter for coastal regions by Tao Yating The earth's vast waters, one of the few constants in hu man history, continue to call people to explore and exploit its abundance.
Nations, as well as individuals, are drawn to the water. The oceans offer resources and, as such, are a potential source of conflict. In order to establish a comprehensive set of rules governing use of the oceans and their resources, the United Nations adopted the Convention on the Law of the Sea in 1982, after 20 years of negotiations. Based on the United Nations Convention on the Law of the Sea, today's maritime laws include the protection of the marine environment, the exploitation of resources, the definition of territorial sea, exclusive economic zones and the solution of maritime disputes. It is vital that all circles of society learn more about maritime law to sharpen the country's competitive edge in the area after its entry into the World Trade Organization (WTO). As the trend of economic globalization gains momentum, marine transport becomes increasingly important for international trade. International maritime laws and practice have been adopted by many countries to regulate their maritime commerce, but China has yet to pay serious attention to its own maritime business. If this does not change, it will sap the country's foreign trade.
China has 18,000 kilometres of coastline and more than 5,000 islands with areas larger than 500 square metres. As China speeds up the process of economic globalization, it is becoming critical for Chinese people to familiarize themselves with some knowledge of maritime law. China formulated its own maritime law in 1992 after four decades of planning for it. On July 1, 2000, the Special Maritime Procedure Law began to take effect and a maritime legal system was established in the country. Legal disputes over maritime contracts, damage and carriage of goods by sea inevitably increases after China joins the WTO. A good knowledge of maritime laws, regulations and procedures will help people settle these disputes and protect their rights and interests better.
While participation in the WTO only provides China with the opportunity to compete with other member countries on an equal footing, mastering its rules could decide whether the country succeeds in competition. However, many people, including some in business circles, seem not to have realized the importance of maritime laws. Some inland enterprises assume that maritime laws only matter for coastal regions. On the contrary, both coastal and inland companies rely on transporting their goods by sea, which makes maritime contracts and cargo insurance laws relevant. Companies so far ignorant of such laws will have to become aware of them to prevent future problems.
The United Nations Convention on the Law of the Sea has greatly helped China lay a solid foundation for the management of its vast marine domain. The year 2003 marks the 21th anniversary of the convention that China endorsed on May 15, 1996. The convention outlines the path on which China should carry out legislation in oceanographic administration. For example, the convention clearly defines key terms such as what a territorial sea, adjacent sea and an exclusive economic zone are. The country has established and improved its sea-related laws based on the convention definitions and its own requirements for governmental regulation in fields such as maritime transport, sea mineral resources management and environmental protection. The country's signing of the convention served as great momentum for the country's sea-related legislation. China's sincerity in fulfilling its commitments made by signing the convention has pushed the establishment of most of the country's existing laws and regulations.
Before 1996, China only had two major sea-related laws - one for the protection of the marine environment and another for the management of territorial seas and contiguous seas. The convention helped establish a complete sea-management legal system that has been largely completed. In addition to establishing laws related to the convention, China has also implemented a sea-use law unique to its situation. The signing of the convention six years ago showed the necessity of managing the sea as you would land. This new Law on Sea Use has enhanced this idea by asking people using the sea to pay rent to the country. Maritime areas, the treasure house of resources, are an important part of a country's national assets and are the basis of the maritime economy.
In China, the gross output value of the maritime economy has risen from 6 billion yuan (US$722.9 million) to more than 400 billion yuan (US$48.2 billion) since 1978. Marine economy has become a new driving force behind the development of the national economy. But due to the lack of specific laws clarifying the ownership of maritime space, enormous problems concerning its use have su***ced, as people's exploration of the sea is increasing. Many enterprises and individuals illegally occupy, transfer or even rent out areas of the sea to obtain profit at the expense of the State's rights and interests. The chaotic situation has severely hampered the healthy and co-ordinated development of the marine economy. One stipulation of the new law in accordance with Article 9 of the Constitution, which specifies that natural resources are owned by the State, is necessary and in time. The newly enforced law clearly defines that maritime areas are owned by the State and sets up a management system which separates ownership and the rights of use of marine space.
Nations, as well as individuals, are drawn to the water. The oceans offer resources and, as such, are a potential source of conflict. In order to establish a comprehensive set of rules governing use of the oceans and their resources, the United Nations adopted the Convention on the Law of the Sea in 1982, after 20 years of negotiations. Based on the United Nations Convention on the Law of the Sea, today's maritime laws include the protection of the marine environment, the exploitation of resources, the definition of territorial sea, exclusive economic zones and the solution of maritime disputes. It is vital that all circles of society learn more about maritime law to sharpen the country's competitive edge in the area after its entry into the World Trade Organization (WTO). As the trend of economic globalization gains momentum, marine transport becomes increasingly important for international trade. International maritime laws and practice have been adopted by many countries to regulate their maritime commerce, but China has yet to pay serious attention to its own maritime business. If this does not change, it will sap the country's foreign trade.
China has 18,000 kilometres of coastline and more than 5,000 islands with areas larger than 500 square metres. As China speeds up the process of economic globalization, it is becoming critical for Chinese people to familiarize themselves with some knowledge of maritime law. China formulated its own maritime law in 1992 after four decades of planning for it. On July 1, 2000, the Special Maritime Procedure Law began to take effect and a maritime legal system was established in the country. Legal disputes over maritime contracts, damage and carriage of goods by sea inevitably increases after China joins the WTO. A good knowledge of maritime laws, regulations and procedures will help people settle these disputes and protect their rights and interests better.
While participation in the WTO only provides China with the opportunity to compete with other member countries on an equal footing, mastering its rules could decide whether the country succeeds in competition. However, many people, including some in business circles, seem not to have realized the importance of maritime laws. Some inland enterprises assume that maritime laws only matter for coastal regions. On the contrary, both coastal and inland companies rely on transporting their goods by sea, which makes maritime contracts and cargo insurance laws relevant. Companies so far ignorant of such laws will have to become aware of them to prevent future problems.
The United Nations Convention on the Law of the Sea has greatly helped China lay a solid foundation for the management of its vast marine domain. The year 2003 marks the 21th anniversary of the convention that China endorsed on May 15, 1996. The convention outlines the path on which China should carry out legislation in oceanographic administration. For example, the convention clearly defines key terms such as what a territorial sea, adjacent sea and an exclusive economic zone are. The country has established and improved its sea-related laws based on the convention definitions and its own requirements for governmental regulation in fields such as maritime transport, sea mineral resources management and environmental protection. The country's signing of the convention served as great momentum for the country's sea-related legislation. China's sincerity in fulfilling its commitments made by signing the convention has pushed the establishment of most of the country's existing laws and regulations.
Before 1996, China only had two major sea-related laws - one for the protection of the marine environment and another for the management of territorial seas and contiguous seas. The convention helped establish a complete sea-management legal system that has been largely completed. In addition to establishing laws related to the convention, China has also implemented a sea-use law unique to its situation. The signing of the convention six years ago showed the necessity of managing the sea as you would land. This new Law on Sea Use has enhanced this idea by asking people using the sea to pay rent to the country. Maritime areas, the treasure house of resources, are an important part of a country's national assets and are the basis of the maritime economy.
In China, the gross output value of the maritime economy has risen from 6 billion yuan (US$722.9 million) to more than 400 billion yuan (US$48.2 billion) since 1978. Marine economy has become a new driving force behind the development of the national economy. But due to the lack of specific laws clarifying the ownership of maritime space, enormous problems concerning its use have su***ced, as people's exploration of the sea is increasing. Many enterprises and individuals illegally occupy, transfer or even rent out areas of the sea to obtain profit at the expense of the State's rights and interests. The chaotic situation has severely hampered the healthy and co-ordinated development of the marine economy. One stipulation of the new law in accordance with Article 9 of the Constitution, which specifies that natural resources are owned by the State, is necessary and in time. The newly enforced law clearly defines that maritime areas are owned by the State and sets up a management system which separates ownership and the rights of use of marine space.
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