加强专属经济区内海事执法工作的探讨

随着世界各国越来越重视海洋资源的占有、开发和利用,国家间,尤其是沿海国之间在专属经济区的管辖和权力方面的争端也接连发生。各沿海国为了维护自身利益,试图通过《国际海洋法公约》的相关划界条款来争取更大的专属经济区面积。文中对专属经济区制度和中国专属经济区的管理现状作了简要介绍,并在分析专属经济区开展海事执法的必要性和法律依据的基础上,为海事部门加强专属经济区内执法工作提出了相关建议。     

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.