Maritime jurisdiction plays an important role in international trade and marine transport. It involves special kinds of rules that vary among different countries and legal systems. Thus, in international maritime jurisdiction, the coordination and settlements of jurisdictional conflicts are vital for the uniformity of international maritime law. This study provides a comparative analysis of maritime jurisdiction in international trade and marine transport. First, it introduces the concept, category, and legal characteristics of maritime jurisdiction based on historical sources. Then, we conduct a comparative analysis of the civil law system, common law system, international conventions, and Chinese maritime jurisdiction provisions, focusing on their differences and the existing legal problems. Among other suggestions for the improvement of the rules of maritime jurisdiction, this study proposes the unification and coordination of maritime jurisdiction, which could impact international trade and marine transport.
Both the nation with rich marine fishery resources and the nation importing marine fishery resources are increasingly attending to the sustainable growth of marine biodiversity and the balanced governance of fisheries. Nevertheless, Chinese marine fisheries have achieved progressively sustainable development from a legal perspective. Initially, the present paper outlines the legal relationship between sustainable development theory and marine fisheries, discusses the current circumstances of Chinese marine fisheries, and reviews Chinese legal regimens governing marine fisheries. Given this context, the paper explores and analyzes the legal issues (legislation, law enforcement, and administrative management) concerning the sustainable development of Chinese marine fisheries. These significant matters are then discussed to advance a potential approach to enhancing the legal systems governing Chinese marine fisheries and ameliorating the sustainable development of such fisheries. The results will serve as a reference to help lawmakers, decision-makers, and practitioners.
As one of the primary obstructive factors for marine environmental governance, the frequent occurrence of oil pollution damage caused by ships has resulted in the establishment of compensation funds, such as the Oil Spill Liability Trust Fund of the United States, Ship Oil Pollution Fund of Canada and International Oil Pollution Compensation Fund (IOPC). Frequently suffering from marine oil pollution, China has extended considerable effort in marine environmental governance. Following the introduction of the ‘green principle’ into the Civil Code, China attached increasing significance to the legislation including compensation for oil pollution damage caused by ships. China formally established a compensation fund in 2012, and the past decade has witnessed the burgeoning development of the Chinese Ship-source Oil Pollution Compensation Fund (CSOPC), in addition to several defects which impede the fund from achieving the goal of marine environmental governance. As a national fund that is independent of the IOPC, the CSOPC adopts several regulations that are distinctive from internationally recognized practice; for instance, not recognizing pure economic loss within the scope of compensation. Such unique parameters, though partially originating from the national conditions in China, have resulted in glaring defects, including incomplete compensation scope and inappropriate compensation measures. Given the above problems, this study endeavours to provide several legal recommendations from the perspective of macro policies for improving the top-level design of the system, enhancing oil pollution compensation capabilities, and promoting the internationalization process. The study proposes two potential regulatory paths for innovation; namely, enlarging the range of compensation and establishing an essential emergency fund. From the perspective of protecting the rights of the victims of oil pollution damage and safeguarding the public interests of the ocean, this study puts forward relevant legal suggestions, which are expected to make valuable contributions to improving the compensation system for oil pollution damage caused by ships in China and promoting the governance of the marine environment.
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