Only by gaining approval from the State could any unit or individual legally utilize sea areas, and their rights of use and legal gains are protected by law. According to the law, marine areas will be divided into different types of functional zones based on their geographical locations, natural resources and utilization requirements. Another important aspect of the law is that, in compensation for using national resources, varied charges, depending on the types of sea zones explored, will be levied on entity utilizing the maritime space. As Stated-owned resources, the maritime areas, in principle, are under the unified jurisdiction of the central government. However, taking into consideration the practical needs of local governments, the law allows local governments, under the authorization of the State Council, to govern the sea areas neighbouring their administrative lands. It is believed that the law, which has taken effect in 2002, will be a pivotal step in the country's efforts to govern its maritime areas. One of the most important points of the convention lies in its encouragement of nations to pursue an active and co-operative stance in exploiting resources and solving various disputes over sovereignty. On the other hand, if a country refuses to take part in legal and reasonable ocean development and co-operation, it will lose its right to share the resources of the disputed marine areas. China joined the convention, known as the "constitution of the sea," two years after it went into effect in 1994. As most of China's disputes with its neighbours over a few islands have come to an impasse, China risks losing its share of ocean resources if it does not participate in drafting agreements with Southeast Asian countries in line with the convention. China must take part in the legislation of international laws in relation to the oceans to protect its own legal rights.
According to the Law of the Sea convention, a nation can claim sovereign rights over resources and all related activities, including jurisdiction over structures, scientific research, and protection and preservation of the marine environment, within its 200-nautical-mile Exclusive Economic Zone. Theoretically, China possesses jurisdiction over a total marine area of about three million square kilometres. And it has always claimed control of this area, stretching over areas in the Yellow Sea, the East China Sea and the South China Sea. Regional co-operation has become the new direction of maritime law. More and more neighbouring countries are beginning to accept the idea of joint development.
Under this approach, countries agree to set aside the actual boundary question and develop joint exploration and exploitation of ocean resources and joint protection of ocean environment. The Law of the Sea Convention encourages regional and global co-operation, but offers only general guidelines for actual practices. The co-operation between different countries is actually a process of developing and improving the details of the convention, which will result in the creation of a new order of ocean governance. The convention settles sovereignty claim disputes through peaceful means. Apart from negotiation, peaceful means also include arbitration by a third party. But nations rarely leave sovereignty disputes to a third party.
As a result, the disputes often come to a deadlock. China should take the initiative and discuss the joint development of the disputed areas rather than waiting for a third party to demand the parties start co-operation. Participation in discussions of co-operation was of itself an implementation of the Law of the Sea convention. Actually, China has already been playing a significant part in the creation of the convention, known as the constitution of sea laws. Since it resumed its membership in the United Nations in early 1970s, China has participated in all meetings of the international organization, including those discussing the convention on the laws of the sea. From 1973, when the Third United Nations Conference on the Law of the Sea (UNCLOS III) started its deliberations, through its adoption of the convention in 1982 to realization in 1994, China has participated in the process. China has played a positive role in the legislation of the convention, especially in its support to developing countries. The country needs more people to study international laws. An environment that can attract the best people studying abroad to come back to serve the motherland should be provided. In line with the United Nations Convention on the Law of the Sea, China launched its constitutional laws of the sea in 1992 and 1998: the Law on the Territorial Sea and the Contiguous Zone, and the Law on the Exclusive Economic Zone and the Continental Shelf. In order to fit the international convention, the country also made major amendments to some of its existing maritime laws, including the Marine Environmental Protection Law and the Fisheries Law, which were renewed in 1999 and 2000. However, these laws are far from adequate. Much work needs to be done in making detailed laws based on the basic laws. In terms of negotiating and forging agreements with neighbouring countries, China has made major progress in recent years.
China has also been actively seeking co-operation and dialogues with countries who are interested in the affairs in the region, including the United States, Canada, Australia and New Zealand. Although many people complain that the country that controls 9.6 million square kilometres of land has long ignored its territories in the sea, China has been making progress. The central government has realized the strategic significance of the development of its oceans. In the nation's 10th Five Year Plan (2001-05), protecting the rights and interests on the sea, protecting the ocean environment and developing the maritime economy have been listed as major objectives. The year 2005 will be the 600th anniversary of China's greatest navigation expeditions to countries on the Asian subcontinent and in North Africa.
According to the Law of the Sea convention, a nation can claim sovereign rights over resources and all related activities, including jurisdiction over structures, scientific research, and protection and preservation of the marine environment, within its 200-nautical-mile Exclusive Economic Zone. Theoretically, China possesses jurisdiction over a total marine area of about three million square kilometres. And it has always claimed control of this area, stretching over areas in the Yellow Sea, the East China Sea and the South China Sea. Regional co-operation has become the new direction of maritime law. More and more neighbouring countries are beginning to accept the idea of joint development.
Under this approach, countries agree to set aside the actual boundary question and develop joint exploration and exploitation of ocean resources and joint protection of ocean environment. The Law of the Sea Convention encourages regional and global co-operation, but offers only general guidelines for actual practices. The co-operation between different countries is actually a process of developing and improving the details of the convention, which will result in the creation of a new order of ocean governance. The convention settles sovereignty claim disputes through peaceful means. Apart from negotiation, peaceful means also include arbitration by a third party. But nations rarely leave sovereignty disputes to a third party.
As a result, the disputes often come to a deadlock. China should take the initiative and discuss the joint development of the disputed areas rather than waiting for a third party to demand the parties start co-operation. Participation in discussions of co-operation was of itself an implementation of the Law of the Sea convention. Actually, China has already been playing a significant part in the creation of the convention, known as the constitution of sea laws. Since it resumed its membership in the United Nations in early 1970s, China has participated in all meetings of the international organization, including those discussing the convention on the laws of the sea. From 1973, when the Third United Nations Conference on the Law of the Sea (UNCLOS III) started its deliberations, through its adoption of the convention in 1982 to realization in 1994, China has participated in the process. China has played a positive role in the legislation of the convention, especially in its support to developing countries. The country needs more people to study international laws. An environment that can attract the best people studying abroad to come back to serve the motherland should be provided. In line with the United Nations Convention on the Law of the Sea, China launched its constitutional laws of the sea in 1992 and 1998: the Law on the Territorial Sea and the Contiguous Zone, and the Law on the Exclusive Economic Zone and the Continental Shelf. In order to fit the international convention, the country also made major amendments to some of its existing maritime laws, including the Marine Environmental Protection Law and the Fisheries Law, which were renewed in 1999 and 2000. However, these laws are far from adequate. Much work needs to be done in making detailed laws based on the basic laws. In terms of negotiating and forging agreements with neighbouring countries, China has made major progress in recent years.
China has also been actively seeking co-operation and dialogues with countries who are interested in the affairs in the region, including the United States, Canada, Australia and New Zealand. Although many people complain that the country that controls 9.6 million square kilometres of land has long ignored its territories in the sea, China has been making progress. The central government has realized the strategic significance of the development of its oceans. In the nation's 10th Five Year Plan (2001-05), protecting the rights and interests on the sea, protecting the ocean environment and developing the maritime economy have been listed as major objectives. The year 2005 will be the 600th anniversary of China's greatest navigation expeditions to countries on the Asian subcontinent and in North Africa.
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