Navigation of foreign vessels within China's jurisdictional waters

From ancient times, navigation at sea has been an essential channel of communication and transport among nations. The emergence and development of the law of the sea itself rested with the navigation at sea. The principle of the freedom of the seas has been universally recognized as one of the fundamental principles in international law and practiced by States since the late 18th century. However, with the expansion of national jurisdiction over sea areas, the freedom of navigation has been challenged and navigational rights of foreign vessels are subject to the laws and regulations of coastal States. China, as a big maritime country, has formulated a set of rules and regulations governing navigation of foreign vessels within China's jurisdictional waters. This article attempts to review and assess China's legislation and practice in this respect in the context of international law of the sea.     

The Next Step of Devising China's Legal Regime for Deep Seabed Mining—The Environmental Regulation under China's Deep Seabed Mining Law

The due diligence obligation of sponsoring states requires state parties to enact laws and take administrative measures to secure effective regulation of the contractors of deep seabed mining and ensure that the contractors comply with the United Nations Convention on the Law of the Sea (UNCLOS) and regulations issued by International Seabed Authority (ISA). China has invested significantly in the exploration and exploitation of the deep seabed resources in the Area and China enacted its deep seabed mining law (DSM Law) in 2016 to fulfill its due diligence obligation as a sponsoring state. Environmental regulation is an important part of devising the international legal regime of deep seabed mining, and the ISA has been in the process of drafting Environmental Regulations. It is the sponsoring states' obligation to ensure that the contractors comply with the environmental rules issued by the ISA. China's DSM Law has many provisions stating the environmental obligations of its contractors; however, these provisions are phrased in rather general terms. It is necessary for China to take the next step as a sponsoring state and promulgate its domestic environmental regulation under its DSM Law in order to further fulfill its due diligence obligation. A procedure-oriented approach should be adopted for drafting the environmental regulation under China's DSM Law. Ideally, the environmental regulation under China's DSM Law should specify the rights and obligations of the contractors and domestic regulatory agency, delineating the environmental measures that the contractors need to take in different stages of exploring and exploiting deep seabed resources in order to comply with the environmental rules issued by the ISA.     

论海上交通信息数字化共享的法律困境

海上交通信息作为人类智慧成果的一种,在我国正高速发展着,但其共享程度并不令人满意。在我国现有法律体系中海上交通信息制作人可受到多方面的保护,但深入分析、比较后可以发现,海上交通信息与其他智慧成果在法律特征上存在着重大区别,这些特点却没有反映在立法中。因此现有的法律保护存在着制度性的缺陷,阻碍着海上交通信息的共享。弥补这一立法不足,首先应当澄清海上交通信息的基本法律问题,并注意对各方利益的协调。     

Natural Coast Protection and Use in China: Implications of Resource Protection “Redline” Policies

A significant proportion of China's coast has been developed for aquaculture, salt industry, ports and harbors, industry, reclamation, and so on. The stated target, of keeping at least 35% mainland coast in natural status until 2020, in the National Marine Functional Zoning Plan (2011–2020) is unlikely to be realized. This article analyzes the current protection and utilization of mainland coast and discusses effects of coastal over-development. The use of the “redline” policy in natural resources protection, including forests, cultivated land, freshwater and marine ecology is reviewed, and the “redline” policy is advised to be adopted in natural coast protection through such measures as total length control, buffer zones, regional control, inter-region engagement, and efficient artificial coastal areas use and restoration.     

Port administration and coastal zone management in Vancouver,British Columbia: A comparison with Seattle,Washington

Large North American ports are encountering serious management challenges. Surrounding communities, environmental interest groups, and government policy are focusing on protection and enhancement of public coastal amenities. In Vancouver, the federal port management system historically enabled national trade interests to override local and regional objectives at the discretion of port decison makers. In contrast, the Port of Seattle is administered at the local level, and legislation and policy require that local publics are involved in decision‐making. Recently, VPC established itself as the vanguard among Canada's major ports in the advancement of progressive management. Nevertheless, the adoption of new policies would ensure that Vancouver, and Canada's other ports, continue to be responsible leaders in Canadian coastal management. These policies include: federal, municipal, and provincial government representation on the local board of directors; strengthening community involvement; creation of a standing planning advisory committee; subjecting Canadian ports to the federal environmental assessment law; and adoption of explicit land and water use regulations.     

从新《海上交通安全法》谈我国海洋安全权益维护

近年来,我国采取分散立法的方式制定了一些涉及海洋安全权益的法律条文,但仅仅停留在对海洋主权的宣示上,没有针对海上安全权益维护规定具体的措施与执行办法,新修订的《海上交通安全法》在某些程度上弥补了我国针对海洋安全权益维护相关法律条款的不足,顺应了国家海洋强国战略的整体要求.从新《海上交通安全法》的内容出发,通过对涉及海上...     

Governance of Shipping Emission of SOx in China's Coastal Waters: The SECA Policy,Challenges, and Directions

Emission governance of air pollutants from ships is a common challenge for the world's shipping industry. Under the framework of the International Maritime Organization (IMO), Europe, North America, and other developed regions and countries have established strict ship Emission Control Areas (ECAs). With some of the largest ports in the world, China suffers severe air pollution from ships, posing a threat to the air quality and public health of the coastal cities. To strengthen the control and supervision over air pollutants, such as ship-emitted sulfur oxides (SO_x) in coastal areas, China issued a Sulfur Emission Control Area (SECA) policy for ships in January 2016. However, the new SECA policy lags far behind IMO's existing ECA policies, and continues to face many challenges during implementation. This paper outlines the main framework of China's ship SECA policy, analyzes the legal governance basis, discusses major potential challenges for implementing the policy, and puts forward suggestions for future governance. This research aims to promote the effectiveness of China's sulfur emission-reducing SECA policy by putting forth novel ideas for policymakers and stakeholders.     

Designing a Network of Coral Reef Marine Protected Areas in Hainan Island,South China

Overexploitation of reef resources and increasing coastal tourism have severely damaged the health of coral reef ecosystems around Hainan Island, South China. Only some reef sites are protected, and the effectiveness of the marine protected areas (MPA) appears inadequate. Networks of MPAs have been widely proposed as a more effective tool for reef conservation. However, little is known about the overall state of the island's coral reefs, and no guidelines exist for MPA network building in China. In this study, the information currently available on the distribution and condition of Hainan's coral reefs is comprehensively used to assess reef status, and to identify other reef areas prior to protection. An MPA network around the island is proposed in terms of monitoring, legal, and management aspects to improve the conservation effectiveness. This could also serve as a model for developing MPA networks for other coastal areas with respect to coral reef conservation.     

State ocean policy initiatives in Florida

Abstract

A territorial sea comprising 6.7 million acres of offshore lands extending three geographic miles into the Atlantic Ocean three marine leagues (nine geographic miles) into the Gulf of Mexico makes Florida the second largest “oceanowning”; state in the contiguous United States. Florida's history, climate, economic development, and worldwide reputation have evolved from the state's relationship with the sea. The state is now becoming aware that aggressive management of its ocean resources is necessary to preserve the future of that relationship. The purpose of this article is to present some of Florida's recent legal and policy initiatives that have been directed toward better understanding and management of ocean resources and uses.     

The impacts of mass transit on land development in China: The case of Beijing

Land development impacts of mass transit have long been studied in the developed economies. Yet relatively little is known by the outside world about the Chinese experience due to China's rather short history in the development of modern mass transit and land/property market. This paper attempts to fill the gap by presenting evidence from China, with a detailed case study of Beijing. Selecting three newly built suburban transit lines in Beijing, the study examined land development context and estimated hedonic housing price models to measure the proximity premiums associated with these three lines. The empirical evidence in Beijing, one of the first tier mass transit cities in China, shows that investments in mass transit can have significant and positive impacts on land development. Properties with transit proximity enjoy sizable price or value premiums. The study also confirms the international experience: transit impacts on land development are unlikely to occur automatically; they rely greatly on supportive regional and site conditions. Integrated planning and design for mass transit and land development are critical to expand and maximize the return of transit investments.     

An Overview of Spatial Management and Marine Protected Areas in the East China Sea

Marine ecosystems of the East China Sea are rich in biodiversity, with 12,933 species of which approximately 47.7% are endemic. As anthropogenic impacts are intensifying, fishery resources and biodiversity in the East China Sea are under threat from overfishing, habitat loss, pollution, and biological invasions. Marine protected areas (MPAs) and other spatial management measures are believed useful tools to protect and restore biological resources. Seventeen nature reserves, seven special marine reserves, and three fishery resource conservation zones covering a combined area of 102,156 km² have so far been established in the Chinese East China Sea in order to protect fishery resources, biodiversity, and marine landscapes. This article provides a review and inventory of MPAs in the Chinese East China Sea as implemented by the People's Republic of China.     

Summary

This study comprises four major sections. Section A presents the reader with a broad view of liner conference operations, covering the origin of the conference system, its internal organization, achievements and the problems and inefficients generated in trades with the US by FMC regulation. Section B explores the legal aspects of conference operation and is especially concerned with the implications and legality of the USA's policy of unilateral regulation of conferences through national legislation. Section C investigatees the economic environment in which conferences operate, postulates a new economic models applied to liner shipping. Section D consistes of a and illustrates the failures of that Report.     

防城港钢铁项目专用码头工程陆域坡顶线优化设计

防城港钢铁项目陆域形成采用大面积填海造地,大面积填海后会对防城湾的纳潮量及海洋环境造成一定影响。 通过对填海面积、纳潮量等方面的比较和分析提出陆域坡顶线的优化设计方案,总结在类似湾口位置和自然条件下陆域坡顶 线设计所需考虑的因素。     

江苏沿海滩涂资源利用现状及其存在的问题

沿海滩涂是江苏重要的后备土地资源,滩涂围垦在为江苏沿海经济发展、缓解人口增长压力、保持耕地总量动态平衡等方面做出重要贡献的同时,对沿海湿地及生态系统也带来了一定的影响。文章主要介绍了江苏沿海滩涂开发利用现状和围垦开发后期所带来的一系列问题,并从土地可持续利用的角度初步探讨了滩涂资源合理开发利用的对策和建议。     

我国油船过驳法律制度的建设

随着原油进口量的不断攀升,油船过驳近年来在我国得到迅猛发展。油船过驳在解决大型油轮与码头、航道限制的矛盾,加快港口周转等方面均起到了积极作用,但由于缺乏完善的法律制度和有效的管理方法,油船过驳存在着极大的风险。文中结合IMO油轮过驳法律制度的发展情况,浅析了我国目前的油船过驳现状和存在的问题,探讨了建立IMO油船过驳国际法律于我国的重要性,并提出相关的建议。     

我国装备制造业技术创新体系中企业主体作用激活问题研究

此文主要论述了我国装备制造业技术创新系统中企业主体的能动性问题.首先梳理了我国装备制造业技术创新发展的现状及问题,在此背景下,提出提高装备制造业技术创新系统中企业主体的能动性对我国装备制造业进一步发展起到重要作用,并进一步对我国装备制造业企业技术创新的能动性进行界定和具体分析.根据创新的概念,在综合之前文献的基础上,提出我国装备制造业企业的能动性大体可以分解为能力方面和动力方面,在能力方面,指出外部要素的利用能力、内部要素的管理能力和内外部要素的整合能力构成了企业技术创新能力的三个重要部分;在动力方面,尽管文献中主要涉及市场力、科技力和政策力为企业技术进步的重要动力要素,此文所提出的能动性更强调企业所内生的自觉性和主动性,而非外在的拉动力,这是因为企业内部的动力才是技术创新能动性的不竭来源.此文最后针对我国装备制造业企业主体技术创新的能力和动力方面,提出了提高其能动性的一些初步建议.     

Assessment of coastal zone issues in the Republic of Korea

Abstract

The physical characteristics of Korea have had a profound impact on the uses of the coastal zone that have, in turn, been determined by and reinforced the nation's economic development strategy. While coastal zone management in many developed economies is more heavily oriented toward environmental protection and the resolution of user conflicts, policies for coastal zone management in Korea have emphasized the role of coastal space and other resources for economic development and industrial needs. Increasing demand for land reclamation to provide ever‐increasing industrial sites and human settlements, traditional and future needs of the fishery, and concern for the environment have led to a vast array of competition and, finally, often to conflicts. The basic pattern of coastal zone use in Korea has changed from the linear expansion of coastal zone to integrated coastal uses. An increased number of critical coastal zone issues and interactions was reflected in the creation of new governance that dealt with coastal zone resources and environment.     

海上人工岛陆域形成填筑高程设计

对海上人工岛陆域形成填筑高程设计的几个主要共性影响因素进行分析,结合现有的国家和行业标准中有关场地高程设计的内容,得出陆域形成填筑高程设计的一般关系公式和主要参数确定方法,为海上人工岛陆域形成填筑高程设计提供参考。     

“桑吉”轮油污损害赔偿法律适用问题探析

“桑吉”轮所载货物凝析油,不属于《1992年责任公约》所调整的“持久性油类”范畴,此外其还装载有1900余吨船用燃料油。该案作为世界上首例“凝析油”油船海难事故,因此导致油污损害赔偿法律适用问题并不明朗,适用不同法律可能导致相关方赔偿责任限制差异巨大。探究“桑吉”轮案油污损害赔偿法律适用问题,不仅有助于满足我国现实司法需要,更可为我国乃至世界处理此类油污损害问题提供有益借鉴。文中将从国际公约及国内法角度,对“桑吉”轮油污损害赔偿问题可能涉及的法律适用问题进行探析。     

Extant Legal and Jurisdictional Constraints on Irish Coastal Management

The success of any coastal zone management policy is dependent on, among other things, effective legislation and its enforcement. This article examines some possible legal constraints on the implementation of an integrated coastal zone management policy in Ireland. An introduction to the existing legal framework is provided, and the inconsistencies and ambiguities related, in particular, to jurisdiction and area of responsibility are highlighted. In particular the effect of land ownership and property rights on coastal zone management are examined with reference to two popular resort beaches in County Donegal, Ireland. While a revision of the relevant legislation is desirable, it is probably unrealistic; however, powers are available to the various institutions involved in coastal management that are currently unused. These are reviewed and their potential to improve coastal zone management is discussed.