Maritime safety management of foreign vessels in China: New institutional developments and potential implications

Abstract

China's new version of the Maritime Traffic Safety Law (MTSL 2021) has been officially implemented on September 1, 2021. MTSL2021 may significantly alter the regulatory framework of maritime traffic safety in waters under China's jurisdiction, particularly the framework governing maritime safety management of foreign vessels. MTSL2021 will have important implications for foreign vessel navigation in waters under China's jurisdiction and for China's future maritime law enforcement. However, the regulatory framework applicable to foreign vessels in China's new MTSL is not without shortcomings. Problems including some vaguely couched terms and provisions, room reserved for discretion, and overlapping regulatory powers among different enforcement agencies may bring uncertainties to predictable, transparent and coherent maritime law enforcement results. This article examines the relevant institutional reforms of China's maritime safety management over foreign vessels, analyzes the inadequacies and problems embedded in the new regulatory framework, and explores their potential implications for China's maritime law enforcement.