Exploitation and Protection of Biological Resources in Deep Seabed Areas beyond National Jurisdiction: China's Legislation and Practice

• Author: Deyi Ma
• Pages: 145-146

Biological Resources in Deep Seabed Area 145

XI JEAIL 1 (2018)

Deyi Ma

∗

On February 26, 2016, PRC Law on the Exploration and Development of Resources

in Deep Seabed Areas was adopted. As a landmark marine legislation, this law was

formulated in line with the UNCLOS, the Rules of the International Seabed Authority,

and the PRC Constitution. It opened a brand new era of marine development and

utilization for China under the strategic background of maritime power. Facing the

limitation and challenges about the ecosystem and risk prevention brought about by

the UNCLOS and the Convention on Biological Diversity 1992, the maritime powers

around the world, including China, have been making domestic legislation on the

exploitation and protection of seabed resources beyond national jurisdiction. This

paper introduces China’s policy for the exploitation and development of the ‘Areas’ in

accordance with the UNCLOS, and makes a further interpretation on China’s related

domestic legislations and practice.

Keywords

Deep Seabed Areas, Beyond National Jurisdiction, Common Heritage

of Mankind, Biological Resources, Chinese Legislation

Exploitation and Protection

of Biological Resources in

Deep Seabed Areas beyond

National Jurisdiction:

China

’

s Legislation and

Practice

∗ Professor of Law at East China University of Political Science and Law (ECUPL), China. LL.M./ Ph.D.(Dalian

Maritime Univ.). ORCID: http://orcid.org/0000-0001-5093-8177. This research is supported by Shanghai Planning

Office of Philosophy and Social Science (2015BFX003) and the National Rule of Law and Law Theory Research

Project from Ministry of Justice of the Peoples’ Republic of China (16SFB1007). The author would like to thank

Prof. Eric Y.J. Lee for his insightful advice. All errors and omissions remain his own. The author may be contacted at:

madeyi9@aliyun.com/ Address: International Law School, East China University of Political Science and Law, No.

1575 Wanghangdu Road, Shanghai, P.R. China 200042.

DOI: http://dx.doi.org/10.14330/jeail.2018.11.1.07