Practical Research And Theoretical Discussion On Management Of Sea Area Utilization

Ocean exerts a great influence on the field of politics, economy and national security in China. The geographical advantage of being near sea has generated and accelerated the development of coastal economic zones in China, which attract half of the Chinese population and contribute more than 50% of GDP. Ocean has made an indisputable contribution to China in the past few decades, and with the advance of time, it will play a growingly more important role in boosting the development of China in the foreseeable future.To fulfill the transformation from a country that merely covers large sea areas to one that may utilize sea areas fully and sensibly, China needs to strengthen the management of sea area utilization and attach strategical importance to the exploitation and protection of sea areas. Therefore, the Ninth Standing Committee of the National People's Congress promulgated "Law of Management of Sea Area Utilization of the People's Republic of China" on October 27th in 2001 and implemented it on January 1st in 2002. That Law has a practical significance in strengthening the managerial system of sea area utilization, but it simply provides a better system from a juristical perspective, there are still many practical problems that cannot be solved in the implementation of that Law. This thesis is conducted under such background.On the basis of basic theories such as management of sea area utilization, environmental management and law, this thesis adopts methods including practical investigation, theoretical analysis and case study. Major findings are as follows:1. An elaborate discussion is conducted on the concept of "sea area", "sea area utilization" and "management of sea area utilization". On the basis of jurisprudential analysis, it is suggested that the scope of "sea area", "sea area utilization" and "management of sea area utilization" should be extended to Exclusive Economic Zone and Continental Shelf rather than be confined to mere Internal Waters and Territorial Sea in the traditional notion. 2. Systemic investigation and summary are provided on the managerial system of sea area utilization in major foreign coastal countries, together with a review on the establishment and development of the managerial system of sea area utilization in China, also with the investigation of the active management system of sea area utilization in China.3. Theoretical analysis has also been made on four concepts: "Marine Functional Zoning", "Watershed Management of Rivers Inpouring into Maritime Space", "Public Participation" and "Models of Joint Development in Disputed Sea Areas". Hypotheses are proposed concerning the respective ideal condition for the first two concepts.4. Based on the current situation of sea area utilization in Xiamen, Zhangzhou, Quanzhou and Kinmen, this thesis presents a multi-perspective analysis of the problems in the shared sea areas and puts forth the corresponding solutions as well as the ideal models for the management of Xiamen-Kinmen Sea Area utilization in two different phases.