Discoursing Chinese Maritime Law’s structure and reform

Abstract

Abstract China’s role in the international maritime transport industry is undeniably growing: the country has become the second-largest ship-owning nation, its maritime ports are ranked among the top globally, and its national maritime transport company, COSCO Group, is ranked 4th among major shipping companies. However, its current legal framework is behind the commercial practices of the maritime transport industry and its operators. With both the evolution of China’s position on the global stage and the emergence of new judicial maritime practices, a revision was inevitable, particularly as China aims to build itself into a maritime power. Although the revision of the Maritime Law was included in the 13th National People’s Congress agenda for the period from 2018 to 2023, the revised Law has not yet been promulgated but is expected in near future. While the reform project focuses solely on the Chinese Maritime Law, China’s new ambitions could turn this moment into an opportunity to overhaul and rethink the role of Chinese maritime law in the current global context. Whether by modernizing its maritime law while maintaining its existing structure, or by rethinking its entire approach, China should consider the legal experience of current maritime powers, such as France, which could serve as a valuable source of inspiration for Chinese legislature in the future.