중국 해경법의 국제법적 쟁점에 관한 소고

Abstract

People's Republic of China(hereinafter, China) had promulgated China’s Coast Guard Law(hereinafter, CCGL) on Jan. 22. 2021 and entered into force on Feb. 1. CCGL has prepared legal grounds for CCG launched in 2013 by integrating the dispersed maritime agencies, but it stipulates some provisions inconsistent with international law of the sea, raising concerns in neighboring countries. For example, unclear application scope, excessive use of force, and coercive measures against foreign warship and non-commercial government vessel. China conflicts with neighboring countries such as Vietnam, the Philippines and Japan over island sovereignty and maritime jurisdiction in the South and East China Seas. In particular, the U.S. does not admit China's maritime jurisdiction over so-called the Nine-Dashed Line and artificial islands in the South China Sea, and the U.S.-China conflict is increasing by implementing freedom of navigation operation(FONOP) through U.S. navy warships. If China actively enforces law in their unilateral jurisdictional waters in accordance with CCGL, it is highly likely to occur serious diplomatic and military conflicts between China and neighboring countries including the U.S. in the South and East China Seas. Since maritime delimitation has not yet completed between South Korea and China and also China asserts its jurisdictional waters including Ieodo, the enactment of CCGL is not irrelevant to our maritime jurisdiction. This paper examines main contents, international legal issues in CCGL, and anticipated problems after law enforcement, and then argued the necessity to prepare countermeasures for future conflict situations with China.