UNCLOS And Maritime Safety Administration In China

On 10 December 1982,the United Nations Convention on the Law of the Sea (UNCLOS) was adopted at the Third United Nations Conference on the Law of the Sea at the Montego Bay in Jamaica,and came into effect from 16 November 1994. UNCLOS provides many opportunities to China,a developing country with vast sea area,and brings challenges to it as well.UNCLOS also detects some defects in China's legal and management system.This paper analyzes the maritime administration situation after UNCLOS's being in effect,systematically expounds the impact of UNCLOS on China's maritime administration,explains marine environmental protection provisions in UNCLOS,and probes into the controversy issues of marine environmental protection jurisdiction.In this paper,the author makes a comprehensive analysis on the nature of maritime administration in China under the framework of UNCLOS,and major problems and obstacles that China faces when safeguarding maritime rights and interests as well. After reflecting on the development of maritime safety administration,the raising of the capability of convention implementation,and safeguarding of maritime fights as a whole,the author systematically puts forward the idea of strengthening maritime administration in safeguarding maritime rights and interests,i.e.accelerating the research of UNCLOS and establishment of legal system by raising our ocean awareness; improving the capability of maritime administration to safeguard maritime rights by modernizing ocean surveillance method;strengthening the power of safeguarding maritime rights by enhancing cooperation among various governmental agencies; planning out maritime rights safeguarding systematically by reforming the pattern of maritime administration,creating the fame of maritime administration,utilizing the information technology,and strengthening public administration;protecting maritime rights and interests by means of strengthening anti-pollution,ship control,preventing pollution from ships,crew management and violation investigation.As a whole,China should promote six strategies,i.e.rule-by-law strategy,technology strategy,information strategy,integration strategy,optimization strategy,and diversification strategy.