A critical review of the evolution of the Maritime Code in the People's Republic of China

Abstract

It is well documented that the People's Republic of China has taken a critical role in influencing contemporary maritime development. An investigation into the historical evolution of Chinese Maritime Law after 1949 would help to fill the research gap and assist maritime scholars and human geographers in general in evaluating the influence of the Chinese legal institutions. Indeed, it took about 40 years for China to formulate the 1993 Maritime Code. This paper aims to detail some of the important events behind that formulation and explain how they affected the general mindsets of the code drafters. It considers the critical roles taken by various key shipping organizations such as SINOTRANS and China shipping company (COSCO) in affecting the choices available to the drafters. It also explains how the larger political environment affected the specific components of certain legislative provisions. For example, the collision liability provisions in the Maritime Code may be traced back to the 1978 Open Door Policy. Finally, it investigates the works of the Maritime Law Drafting Committee and discusses the four legal issues that the Maritime Code has failed to address. In conclusion, the authors argue that the Maritime Code has largely been a positive factor helping China to guide its international maritime commerce.