Analysis On The International Legality Of Several Provisions In China’s Coast Guard Law

The promulgation of the Coast Guard Law of the People’s Republic of China(hereinafter referred to as "the Coast Guard Law")in 2021 is the legal crystallization of China’s response to the maritime security situation and the integration of maritime rights protection and law enforcement forces.However,Articles 3,20,21,22,25,46,47,48,49,50,51,82,and 83 of the Coast Guard Law have sparked international legality controversy.The dispute over the international legitimacy of the above-mentioned provisions of the Coast Guard Law can be summed up in three issues: First,how to distinguish between the military and administrative nature of China’s coast guard rights protection and law enforcement activities;Second,how to determine the enforcement scope of the Coast Guard law—the "waters under the jurisdiction of China";Third,how to explain the deviation of enforcement measures under the Coast Guard Law from international law,including the United Nations Convention on the Law of the Sea(hereinafter referred to as "UNCLOS").In international practice,although a country may not violate its obligations under international law on the grounds of domestic law,a country can interpret and apply the rules of international law through its domestic law.If the provisions of domestic law and international law seem to be in conflict,one can try to interpret domestic law as meaning that does not conflict with international law.As a responsible major country that abides by international law,the Coast Guard Law should follow UNCLOS and other international legal rules related to maritime rights protection and law enforcement.the Coast Guard Law can interpret and apply UNCLOS and other international legal rules related to maritime rights protection and law enforcement,so as to "land" the coastal state’s rights protection and law enforcement rights.There are ambiguities in the disputed clauses of the Coast Guard Law and UNCLOS and other international legal rules related to maritime rights protection and law enforcement.The controversial clauses of the Coast Guard Law should be interpreted as meanings that do not conflict with relevant international laws.Therefore,several provisions of the Coast Guard Law that face challenges to international legitimacy can be interpreted legally and reasonably based on China’s domestic law,international law,and other countries’ practices.First,the Coast Guard performs administrative law enforcement duties in peacetime,and its ships are non-commercial government ships;under special circumstances,the Coast Guard can assume military duties,and its ships are converted into warships.Second,the "waters under the jurisdiction of China" is a legal declaration of sovereignty and rights.In the waters under the jurisdiction of China,it reserves the power to prevent other countries from unilaterally changing the status quo and taking compulsory law enforcement measures.Third,the law enforcement measures of the Coast Guard are in line with the rights and obligations of coastal states in various sea area divisions endowed by the UNCLOS.In addition,in the domestic laws of the United States,Japan,South Korea,Vietnam and other countries on maritime rights protection and law enforcement,the provisions on the nature of law enforcement subjects,the scope of law enforcement,and the use of weapons are very similar to the Coast Guard Law.China can take the following measures to eliminate the disputes over the international legality of several provisions of the Coast Guard Law.First,improve the legal system for maritime rights protection and law enforcement headed by the Coast Guard Law,refine and supplement the controversial provisions of the Coast Guard Law,and establish an assistance system for the coast guard and the navy.Second,through open law enforcement and high-level law enforcement practice,it shows the necessity and legitimacy of Chinese Coast Guard’s rights protection and law enforcement activities.Third,carry out maritime law enforcement exchanges and cooperation with neighboring countries.