Contemporary Maritime Law of China, its sources and features

 
PIIS013207690008693-4-1
DOI10.31857/S013207690008693-4
Publication type Article
Status Published
Authors
Occupation: Professor of the Transport Law Department, Institute of Law, Russian University of Transpor
Affiliation: Russian University of Transport
Address: Russian Federation, Moscow
Journal nameGosudarstvo i pravo
EditionIssue 3
Pages163-175
Abstract

China is one of the largest maritime powers bordering Russia. Our countries have long-standing ties of friendship and cooperation. In this regard, studies of the legal system of the PRC, including in the part relating to the law of the sea, are of particular relevance. China is a country with maritime traditions dating back to ancient times and experience of shipping with thousands of years. The geographical position of China with access to the Yellow, East China and South China seas, the long coastline, more than 700 ports and the world's largest merchant fleet allow the Chinese leadership to put on the agenda the ambitious task of turning China into a "powerful maritime state". However, it is obvious that it is impossible to implement such plans without a developed Maritime Law, which is the general basis of the Maritime industry. In 1982, China signed the 1982 UN Convention on the Law of the Sea, and in 1996 ratified it, making appropriate changes to its Maritime legislation. In addition, a number of laws have been adopted that are of fundamental importance for the development of the Chinese economy and its Maritime component. On the one hand, China is a country with a Communist ideology and the dominant role of the Communist party in all spheres of public life, on the other-actively using market mechanisms. This is the so-called formula of "socialism with Chinese characteristics". Thus, the PRC ideologically remains a socialist state, but at the same time widely uses elements of capitalism. Hence the peculiarities of the Chinese legal system in General and Maritime law, in particular. In addition, according to the Deng Xiaoping doctrine "one country, two systems " distinguish between the legal systems of mainland China, Hong Kong and Macao. Unlike mainland China, Hong Kong's legal system is based on English common law, while Macao is characterized by a continental legal system inherited from Portugal. 

The article examines the main provisions of the Constitution of the People's Republic of China, adopted in 1982 and in force today in the 2018 edition, which is essentially the main source of Chinese Maritime Law, including. The order of adoption of laws and ways of implementation of international legal acts in the Chinese legislation are considered. The article highlights the features of the Chinese acts known as "White Papers". The provisions of the most important and fundamental laws in the field of Chinese Maritime Law such as Maritime Code of the PRC, 1992, the Law on the Territorial Sea and the Contiguous Zone, 1992, the Law on the Exclusive Economic Zone and Continental Shelf of China, 1998, the Law on safety of Maritime Shipping, 2016, the Law on Ports of China, 2017, are analyzed. Along with the laws, other types of Maritime regulations are covered – administrative rules, departmental acts, local rules, etc. An important practical issue concerning the exercise of jurisdiction by the Chinese authorities over foreign merchant vessels is also being considered. In this regard, it is summarized, that when exercising jurisdiction over foreign merchant vessels the Chinese authorities adhere to the rules of international treaty and customary law.

The final section provides general conclusions.

KeywordsChina, Maritime Law, Law of the Sea, International Treaty, “White Paper”, Maritime Code of the PRC, Master, crew, ship, inland waters, territorial sea, contiguous zone, exclusive economic zone, jurisdiction
AcknowledgmentThe article was prepared based on the results of a business trip to Wuhan University (PRC) for lectures in March-April 2019.
Received30.12.2019
Publication date31.03.2020
Number of characters48254
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