Legal or illegal? -Transferring jurisdiction in the course of maritime law enforcement.

In order to safeguard China's existing interests and position in the South China Sea and to protect the peace and stability of the South China Sea region, the article examines the current status of the U.S. Coast Guard's activities in the South China Sea region. Using the method of the literature research and comparative research, it analyses the legal basis of the U.S. Coast Guard's activities in the South China Sea as well as the legality of law enforcement in the disputed waters through "Shiprider Agreement". This paper argues that the U.S. Coast Guard will further strengthen its presence in the South China Sea by signing a "Shiprider Agreement" with Vietnam and other South China Sea coastal states in order to gain jurisdiction over the so-called "exclusive economic zone" and carry out fisheries enforcement activities. Generally speaking, a country can transfer part of its sovereign rights to an organization or another country in a cooperative relationship in order to maximize its national interests. The United States unilaterally regarded the disputed waters in the South China Sea as "a country's exclusive economic zone" and acquired jurisdiction through the "Shiprider Agreement" in violation of international custom and the rules of international law. In light of the potential U.S. actions in the South China Sea, it is recommended that China sign bilateral treaties with all parties in the South China Sea to facilitate cooperation, and strengthen the means of support of the Coast Guard Law in order to safeguard China's existing interests and positions in the South China Sea and maintain peace and stability in the region.

Frontier issues in international ocean governance: Japan's discharge of nuclear contaminated water into the sea.

This paper aimed at explore international ocean governance issues through the perspective of Japan's nuclear contaminated water discharge to the sea. This paper analyzes the core issue of Japan's plan to discharge nuclear contaminated water into the ocean from the perspectives of Japan's international legal obligation, law enforcement issues, and judicial issues after integrated analyzing academic research paper and cases. Japan has obligations such as timely notification, information disclosure, environmental impact assessment, and avoidance of transboundary harm. Intergovernmental and non-governmental international organizations, such as IAEA, IMO and WHO should play a role in setting up an international group of experts to carry out monitoring and assessment, and whose positions and attitudes are important references for judging Japan's behavior. Cases heard before ICJ, ITLOS, and advisory opinion proceeding could provide reference from the judicial perspective on the issue of transboundary harm and proof of damages. Furthermore, this paper discusses the response strategies that the international community especially the opponents may adopt, including promoting the adoption of relevant treaties, take a combination of requesting advisory opinion and file arbitration, establish effective international monitoring mechanism, and engage in close communication with stakeholders.

The impact of the monetary gold principle on the determination of jurisdiction in the mixed maritime disputes.

Mixed maritime disputes are maritime disputes that involve the concurrent consideration of any dispute concerning sovereignty or other rights over continental or insular land territory, which according to Article 298(1)(a)(i) of United Nations Convention on the Law of the Sea, should be excluded from the jurisdiction of a court or tribunal referred to in Article 287. However, by means of treaty interpretation or consensus of two parties, International Tribunal for the Law of the Sea and other Annex VII tribunals have increasingly broken through the limits to actively exercise jurisdiction. Judgements under the influence of this tendency will be firmly resisted by states whose sovereign interests are damaged. Moreover, these judgements will not only fail to resolve disputes, but will create more serious international law and international political disputes, such as the judgement on preliminary objections of Mauritius v. Maldives delimitation case. In this judgement, the Special Chamber of International Tribunal for the Law of the Sea circumvented the Monetary Gold principle by citing the International Court of Justice advisory opinion and United Nations General Assembly resolution, which had no legally binding force. It is proposed that this judgement could open Pandora's box of challenges to general principles of international law and jurisdiction over sovereignty disputes. For States with mixed maritime disputes to resolve the issues mentioned above, it is necessary to respond to lawsuits actively, avoid adverse consequences caused by default judgements and reach regional consensus, and avoid unfavourable International Court of Justice advisory opinions and United Nations General Assembly resolutions.

On the legal status of marine fishery resources: From the perspectives of international fishery law.

The legal status of marine fishery resources is analyzed from a spatial perspective: States have the right for their nationals to engage in fishing activities in the corresponding maritime areas based on the sovereignty, sovereign rights, the principle of freedom of the high seas as well as the principle of the common heritage of mankind of the Area under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Meanwhile, the legal status of marine fishery resources is analyzed from two aspects in terms of contents: the legal regime of exploitation and utilization of marine fishery resources and the legal regime of conservation and management of marine fishery resources. The transformation of marine fishery resources from natural resources to individual catches involves the regime of ownership. There is no specific regime of ownership regarding marine fishery resources under UNCLOS or other international legal instruments, which should be stipulated by domestic laws.

The impact of the COVID-19 on China's fisheries sector and its countermeasures.

The COVID-19 pandemic has affected China's economic development, international exchanges and other aspects to varying degrees, among which the impact on China's fishery development should not be underestimated. The fishery is a traditional and vast industry in China. The ongoing COVID-19 outbreak has also exposed potential problems in China's fishery development, such as the lack of specialised aquatic product quality and safety supervision and testing institutions. New problems have also arisen, such as the decline in the market demand for fish and aquatic products, affecting fishers' income, livelihood and so on. These deficiencies require China to establish a matching legal system to correspondingly solve the current legal and political problems. This paper will systematically discuss the impact of the COVID-19 on China's fisheries sector from the perspectives of 'fishers' and 'aquatic products' after the outbreak of the COVID-19 pandemic and analyse how to deal with various problems by referring to relevant experience in light of China's national conditions and characteristics.

An emergency responding mechanism for cruise epidemic prevention-taking COVID-19 as an example.

COVID-19 has severely impacted the global cruise tourism industry. The increasing number of confirmed cases during the quarantine period of 'Diamond Princess' questioned the efficiency and science behind the Japanese government's emergency management of the outbreak and led to a debate on the responsibilities of the ship's country of registry and port country. In order to deal with the spread of virus on a cruise ship rationally, the present study analyses why cruise ships are more prone to an emergent epidemic and discusses requirements of international conventions and domestic laws on cruise ship sanitation and epidemic prevention. It also evaluates the rescue responsibility of Flag State and Port State, explores the legal lacunae of international conventions on the rescue obligation of cruise home port, and provides solutions for prevention and control of cruise ship epidemic with short-term response measures and long-term mechanism construction. In terms of a short-term response, it is vital to adopt the quarantine idea of a 'temporary cabin hospital' and a disposal procedure of 'circular disinfection-section repeat testing-batch transfer and quarantine-international collaborative medical treatment'. For a long-term mechanism construction, three aspects need to be considered: the risk emergency management mechanism of cruise lines, health and epidemic prevention supervision mechanisms, and international cooperation mechanisms of infectious disease prevention.

The Fukushima Nuclear Power Station incident and marine pollution.

Based on the facts relating to the radioactive wastewater discharged by the Fukushima Nuclear Power Station in Japan, this paper intends to explore the international legal obligations for Japan from three perspectives, namely, the immediate notification, the prevention of transboundary harm and the prevention of dumping. Furthermore, this article defines and compares two types of international legal liabilities, the traditional state responsibility and the responsibility for transboundary harm. Through comparison, the international legal liability of Japan is discussed. After detailed analysis, the conclusion is that Japan should be responsible for the obligation of immediate notification and since Japan unilaterally discharge the wastes without prior specific permits of other contracting countries, it should also be responsible for the violation of prevention of dumping. Since so far, no material injury has emerged and there would appear to be no culpability as regards the prevention of transboundary harm. Finally, this paper stresses the necessity to develop a worldwide agreement concerning the liability for transboundary harm and to establish an institutional framework for the enforcement of a state's obligations, and also the great significance of international cooperation between nations and organisations in relation to marine environmental protection.

Ship recycling and marine pollution.

This paper discusses the historical background, structure and enforcement of the '2009 Hong Kong International Convention on the Safe and Environmentally Sound Recycling of Ships.' the 2009 Hong Kong Convention establishes control and enforcement instruments related to ship recycling, determining the control rights of Port States and the obligations of Flag States, Parties and recycling facilities under its jurisdiction. The Convention also controls the communication and exchange of information procedures, establishes a reporting system to be used upon the completion of recycling, and outlines an auditing system for detecting violations. The Convention, however, also contains some deficiencies. This paper concludes these deficiencies will eventually influence the final acceptance of this Convention by the international community.