중국 해상교통안전법의 국제법적 쟁점에 관한 고찰

Abstract

On April 29, 2021, People's Republic of China(hereinafter, China) had promulgated revised Maritime Traffic Safety Law(hereinafter, MTSL) and took effect on September 1. It aims to reflect recent maritime traffic conditions and strengthen China’s maritime sovereignty. MTSL and Coast Guard Law(hereinafter, CGL) serve as a dual major legal framework to protect China’s maritime jurisdiction and national interests at sea, especially in East and South China Sea. However some provisions in revised MTSL are inconsistent with international law. For examle, ambiguous jurisdictional maritime zone, obligatory reporting system hampering the right of innocent passage and improper applications to sovereign immunity vessels such as foreign warships, non-commercial government ships. If China conducts strict law enforcement in accordance with MTSL in disputed maritime zone, South China Sea, it is highly likely to occur conflicts with foreign ships and could turn into diplomatic dispute. Such provisions are in line with similar provisons in CGL, not in conformity with international law, which is raising concerns in neighboring countries and the international community. This paper examines international legal issues in China’s MTSL comparatively and draws implications after law enforcement, and then argued the necessity to prepare countermeasures for future conflict situations with China in maritime traffic section.