A study on the interpretation and application of the ‘International Concern Provisions’ of Chinese Coast Guard Law

Abstract

The Chinese Coast Guard Law was adopted and came into force in 2021. This has prompted discussion in the wider international community. This paper first interprets the ‘International Concern Provisions’, including ‘areas under the jurisdiction of China’, ‘forcible measures against illegal acts of foreign warships and government vessels’, and ‘the nature of coast guard agency’. The concept of those waters under Chinese jurisdiction denotes the scope of maritime rights as authorized by the United Nations Convention on the Law of the Sea and the waters it claims by historical precedent. It is concluded that the Chinese Coast Guard has the right to use weapons according to domestic law, but it should still align with international law and customs when taking forcible measures against any illegal acts committed by foreign warships or government vessels. The main duties of the Chinese Coast Guard are to protect maritime rights and enforce the law. The Chinese Coast Guard agency has the dual attributes of being part of the national armed forces and a law enforcement authority. China should improve the concept of ‘maritime rights protection and law enforcement’, promote the connection between the Chinese Coast Guard Law and other maritime domestic laws, and strive for better understanding and recognition in the international community while safeguarding extant maritime rights and interests.