How Beijing’s New Maritime Rules in the South China Sea Will Affect India and Others


China’s new maritime law – in which foreign vessels will have to submit details to Chinese authorities when transiting through its ‘territorial waters’ – has now come into force.

How Beijing’s New Maritime Rules in the South China Sea Will Affect India and Others

FILE PHOTO: Chinese dredging vessels are purportedly seen in the waters around Mischief Reef in the disputed Spratly Islands in the South China Sea in this still image from video taken by a P-8A Poseidon surveillance aircraft provided by the United States Navy May 21, 2015. U.S. Navy/Handout via Reuters/File Photo

Manoj Joshi

Manoj Joshi The Wire Powered by DIPLOMACYSOUTH ASIA 16 HOURS AGO

In a classic manoeuvre of what is called “lawfare”, China announced a new set of maritime regulations last week that require ships carrying certain types of cargo to provide detailed information to the Chinese authorities when transiting through Chinese “territorial waters”.

Though such demands by littoral states are not unusual, it does not take a genius to understand that this particular move is part of an ongoing Chinese project to establish its jurisdiction over the South China Sea by using Chinese laws and regulation. Neither is the use of “lawfare” to project a country’s goals. The US routinely uses what is called a “long-arm jurisdiction” to claim global authority of its laws and regulations as part of its exercise of projecting power.

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The long arm of China’s new maritime law risks causing conflict in far-off waters

Analysis by Brad Lendon and Steve George, CNN

Updated 0843 GMT (1643 HKT) September 3, 2021A Chinese Coast Guard taskforce advances at full speed in Zhanjiang, Guangdong Province in China on August 13.A Chinese Coast Guard taskforce advances at full speed in Zhanjiang, Guangdong Province in China on August 13.

A version of this story appeared in CNN’s Meanwhile in China newsletter, a three-times-a-week update exploring what you need to know about the country’s rise and how it impacts the world. Sign up here.

Hong Kong (CNN)Beijing wants foreign vessels to give notice before entering “Chinese territorial waters,” providing maritime authorities with detailed information — including the ship’s name, call sign, current position, next port of call and estimated time of arrival.It may sound like a reasonable enough request, especially if the ship is carrying hazardous goods, that is until you consider what constitutes “Chinese territorial waters.”Beijing asserts sovereignty over vast swathes of the South China Sea, under its widely contested and far-reaching nine-dash line, as well as disputed islands in the East China Sea.

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Maritime Traffic Safety Law of the People’s Republic of China (2021 revision)

Document Number : Order No. 79 of the President of the People’s Republic of China
Area of Law : Maritime Transport
Level of Authority : Laws
Date issued : 04-29-2021
Effective Date : 09-01-2021
Issuing Authority : Standing Committee of the National People’s Congress
Status : Not Yet Effective

Order of the President of the People’s Republic of China (No. 79)


The Maritime Traffic Safety Law of the People’s Republic of China , as revised and adopted at the
28th session of the Standing Committee of the Thirteenth National People’s Congress of the People’s
Republic of China on April 29, 2021, is hereby issued, and shall come into force on September 1,
2021.

Xi Jinping, President of the People’s Republic of China
April 29, 2021

Maritime Traffic Safety Law of the People’s Republic of China
(Adopted at the Second Session of the Standing Committee of the Sixth National People’s Congress
on September 2, 1983; amended in accordance with the Decision of the Standing Committee of the
National People’s Congress on Amending Twelve Laws Including the Foreign Trade Law of the
People’s Republic of China at the 24th Session of the Standing Committee of the Twelfth National
People’s Congress on November 7, 2016; and revised at the 28th session of the Standing Committee
of the Thirteenth National People’s Congress on April 29, 2021.

Read the full text of the law here >>

China plans to block foreign ships from waters it claims as its own

e.VnExpress   February 17, 2017 | 09:19 pm GMT+7

Foreign submarines passing through these waters would be required to surface and fly national flags.

China has announced plans to revise a 34-year-old maritime safety law and start banning some foreign ships from its territorial waters in 2020.

Chinese state media reported that a revised version of the 1984 Maritime Traffic Safety Law would provide China with the legal firepower to restrict access to waters it claims as its own.

“The draft would empower maritime authorities to prevent foreign ships from entering Chinese waters if it is deemed that the ships could harm traffic safety and order,” the Global Times said in a recent report.

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