Author(s)

Liu Yanling ¹

Affiliation(s)

¹ China Institute of Boundary and Ocean Studies, Wuhan University, Wuhan, Hubei, 430000, China

Corresponding Author

Liu Yanling

ABSTRACT

The establishment and improvement of China’s territorial sea system is of great significance for safeguarding national sovereignty and developing the economy. Still, there are some problems in the territorial sea legal system in China, such as insufficient legitimacy argumentation for the selection of straight baselines, not yet fully promulgated baselines of the territorial sea, and unclear provisions on the enforcement of the law of the territorial sea. As a major maritime country, China should be guided by the standards of the United Nations Convention on the Law of the Sea and actively justify the baselines of the territorial sea in the application of straight baselines. At the same time, China should properly consider the baseline plan for the Nansha Islands, and clarify the conditions for using force in maritime law enforcement.

KEYWORDS

Territorial Sea Legal System; Straight Baselines; Hot Pursuit

CITE THIS PAPER

Liu Yanling. The Problem and Improvement for Territorial Sea Legal System in China. Science of Law Journal (2024) Vol. 3: 29-34. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030705.

REFERENCES

[1] Liang Shuying, "China's Territorial Sea System", Political and Legal Forum, No. 3, 1994, p. 71.
[2] U.S. State Department, Bureau of Oceans and International Environmental and Scientific Affairs, Limits in the Seas No. 117, "Straight Baseline Claims: China", 1996, p.6.
[3] Kim, Suk Kyoon, "Maritime Boundary Negotiations between China and Korea: The Factors at Stake", The International Journal of Marine and Coastal Law, 32, 2017, p.6.
[4] Qu Bo, "China-South Korea Maritime Delimitation from the Perspective of Territorial Sea Law", Wuhan University International Law Review, No. 6, 2021, p.7.
[5] Zou Ligang, "Research on Legal Issues of Territorial Sea Baseline Applicable to Nansha Islands", Journal of Henan University of Economics and Law, No. 3, 2013, p.139.
[6] Cao Yingzhi and Fan Xiaoting, "On the Development Trend of Territorial Sea Base Points and Baselines", Pacific Journal, No. 1, 2009, p. 73.
[7] Shen Zhongxiu, "The practice of baselines in the territorial sea of China's neighboring countries and its enlightenment to China", Journal of Henan University of Economics and Law, No. 6, 2018, p.166.
[8] Yu Mincai, "The Application of Law to the Right of Hot Pursuit", Law and Business Research, No. 2, 2003, p. 101.
[9] Zhou Jiang, "On the 'Nearby Seas' in China's Sovereignty Claim in the South China Sea", Journal of Chongqing University of Technology (Social Sciences), No. 9, 2011, pp. 64-65. 
[10] Yu Mincai, "The Application of Law to the Right of Hot Pursuit", Law and Business Research, No. 2, 2003, p. 100.

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