Law on the Exclusive Economic Zone and the Continental Shelf of China
2018-08-15 1372
- Document
Number:Order
No.6 of the President of the People's Republic of China
- Area of Law: Foreign Affairs Land
- Level of Authority: Laws
- Date issued:06-26-1998
- Effective Date:06-26-1998
- Issuing Authority: Standing
Committee of the National People's Congress
- Status: Effective
Order of the President of
the People's Republic of China
Law on the Exclusive Economic Zone and the Continental Shelf of China, adopted at the 3rd Meeting of the Standing
Committee of the Ninth National People's Congress of the People's Republic of
China on June 26, 1998, is hereby promulgated and shall go into effect as of
the date of promulgation. Lawon the Exclusive Econmic Zone and the Continental
Shelf of the People's Republic of China
President of the People's Republic of China, Jiang Zemin
June 26, 1998
Law on the Exclusive
Economic Zone and the Continental Shelf
Article 1 This Law is enacted to ensure that the People's Republic of China
exercises its sovereign rights and jurisdiction over its exclusive economic
zone and its continental shelf and to safeguard its national marine rights and
interests.
Article 2 The exclusive economic zone of the People's Republic of China covers
the area beyond and adjacent to the territorial sea of the People's Republic of
China, extending to 200 nautical miles from the baselines from which the
breadth of the territorial sea is measured.
The continental shelf of the People's Republic of China comprises the sea-bed
and subsoil of the submarine areas that extend beyond its territorial sea
throughout the natural prolongation of its land territory to the outer edge of
the continental margin, or to a distance of 200 nautical miles from the
baselines from which the breadth of the territorial sea is measured where the outer
edge of the continental margin does not extend up to that distance.
The People's Republic of China shall determine the delimitation of its
exclusive economic zone and continental shelf in respect of the overlapping
claims by agreement with the states with opposite or adjacent coasts, in
accordance with the equitable principle and on the basis of international law.
Article 3 The People's Republic of China exercises its sovereign rights over
the exclusive economic zone for the purpose of exploring, exploiting,
conserving and managing the natural resources of the waters superjacent to the
sea-bed and of the sea-bed and its subsoil, and in its other activities for
economic exploitation and exploration of the zone, such as production of energy
from water, currents and winds.
The People's Republic of China exercises jurisdiction over the establishment
and use of artificial islands, installations and structures, marine scientific
research, and the protection and preservation of the marine environment in the
exclusive economic zone.
The natural resources in the exclusive economic zone referred to in this Law
consist of living and non-living resources.
Article 4 The People's Republic of China exercises its sovereign rights over
the continental shelf for the purpose of exploring it and exploiting its
natural resources.
The People's Republic of China exercises jurisdiction over the establishment
and use of artificial islands, installations and structures, marine scientific
research, and the protection and preservation of the marine environment on the
continental shelf.
The People's Republic of China has the exclusive right to authorize and
regulate drilling on the continental shelf for all purposes.
The natural resources of the continental shelf referred to in this Law consist
of the mineral and other non-living resources of the sea-bed and subsoil, and
the living organisms that belong to sedentary species-- organisms which, at the
harvestable stage, either are immobile on or under the sea-bed or are unable to
move except in constant physical contact with the sea-bed or the subsoil.
Article 5 All international organizations, foreign organizations or individuals
that wish to enter the exclusive economic zone of the People's Republic of
China for fishing shall be subject to approval of the competent authorities of
the People's Republic of China and shall comply with its laws and regulations
as well as the accords and agreements it has signed with the states concerned.
The competent authorities of the People's Republic of China shall have the
right to take all necessary conservation and management measures to ensure that
the living resources in the exclusive economic zone are protected from the
danger of over-exploitation.
Article 6 The competent authorities of the People's Republic of China shall
have the right to conserve and manage straddling species, highly migratory
species, marine mammals, anadromous stocks that originate in the rivers of the
People's Republic of China, and catadromous species that spend the greater part
of their life cycle in the waters of the People's Republic of China.
The People's Republic of China enjoys the primary interests in the anadromous
stocks that originate in its rivers.
Article 7 All international organizations, foreign organizations or individuals
that wish to explore the exclusive economic zone of the People's Republic of
China or exploit the natural resources on its continental shelf or for any
purpose to drill on the continental shelf shall be subject to approval of the competent
authorities of the People's Republic of China and shall comply with the laws
and regulations of the People's Republic of China.
Article 8 The People's Republic of China has the exclusive right to construct
and to authorize and regulate the construction, operation and use of the
artificial islands, installations and structures in its exclusive economic zone
and on its continental shelf.
The People's Republic of China exercises exclusive jurisdiction over the
artificial islands, installations and structures in its exclusive economic zone
and on its continental shelf, including jurisdiction with regard to customs,
fiscal, health and safety laws and regulations, and laws and regulations
governing entry into and exit from the territory of the People's Republic of
China.
The competent authorities of the People's Republic of China shall have the
right to establish safety belts around the artificial islands, installations
and structures in the exclusive economic zone and on the continental shelf and
may take appropriate measures in these belts to ensure safety both of
navigation and of the artificial islands, installations and structures.
Article 9 All international organizations, foreign organizations or individuals
that wish to conduct marine scientific research in the exclusive economic zone
or on the continental shelf of the People's Republic of China shall be subject
to approval of the competent authorities of the People's Republic of China and
shall comply with the laws and regulations of the People's Republic of China.
Article 10 The competent authorities of the People's Republic of China shall
have the right to take all necessary measures to prevent, reduce and control
pollution of the marine environment for the protection and preservation of the
marine environment in the exclusive economic zone and on the continental shelf.
Article 11 All states shall, on the premise that they comply with international
law and the laws and regulations of the People's Republic of China, enjoy the
freedom of navigation in and flight over its exclusive economic zone, the
freedom to lay submarine cables and pipelines and the convenience of other
lawful uses of the sea related to the freedoms mentioned above in the exclusive
economic zone and on the continental shelf of the People's Republic of China.
The routes for the submarine cables and pipelines shall be subject to consent
of the competent authorities of the People's Republic of China.
Article 12 The People's Republic of China may, in the exercise of its sovereign
rights to explore its exclusive economic zone and to exploit, conserve and
manage the living resources there, take such necessary measures as visit,
inspection, arrest, detention and judicial proceedings in order to ensure that
the laws and regulations of the People's Republic of China are complied with.
The People's Republic of China has the right to take necessary measures against
violations of its laws and regulations in its exclusive economic zone and on
its continental shelf and to investigate for legal responsibility according to
law, and may exercise the right of hot pursuit.
Article 13 The People's Republic of China exercises, in accordance with
international law and other relevant laws and regulations of the People's
Republic of China, the rights in its exclusive economic zone and on its
continental shelf that are not provided for in this Law.
Article 14 The provisions in this Law shall not affect the rights that the
People's Republic of China has been enjoying ever since the days of the past.
Article 15 The Government of the People's Republic of China may formulate
relevant regulations on the basis of this Law.
Article 16 This Law shall go into effect as of the date of promulgation.