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A Study of the Impact of the Maritime Traffic Safety Law in China and Taiwan's Response Strategy
Date:2022-10-28
Unit:Department of Planning

 On February 1, 2021, the government of the People’s Republic of China formally introduced the "Coast Guard Law," followed by the promulgation of the "Maritime Traffic Safety Law of the People's Republic of China" (hereinafter referred to as “MTSL”) on September 1. The two laws mentioned above, coupled with the "Law on the Territorial Sea and the Contiguous Zone," which was promulgated in February 1992, constitutes a complete system of domestic laws governing the territorial waters of mainland China. The scope of jurisdiction also involves the current disputed territorial waters, including the Diaoyutai Islands in the East China Sea and the artificial islands in the Spratly Islands, laying the fuse for future disputes over territorial jurisdiction. This project first analyzes the main contents of the promulgation of the MTSL and the contents of the controversial articles, and then collates the current domestic and foreign literature to understand the positions and research results of scholars as well as think tanks from different countries on the MTSL. In addition, the project collected actual cases that occurred in mainland China, neighboring countries and interested countries after the implementation of the MTSL, and compiled the results into three categories: "compliance," "challenge and negotiation," and "rejection and conflict." Furthermore, the project organized two expert consultation sessions, in which scholars from different fields considered China's position on "jurisdiction of the territorial sea," "freedom of navigation on the high seas" and "the right of innocent passage in the territorial sea" from three levels: international law of the sea, international politics, and cross-strait relations, and further explored how it will impact the "maritime security," "maritime jurisdiction" and "maritime development" of the waters related to the first island chain in the western Pacific Ocean. Finally, based on the results of the above-mentioned study, this project seeks to clarify the relevant maritime regulations and practices, and propose our strategies to respond to the promotion of the MTSL in mainland China, such as strategic thinking, practical approaches and resource tools to complement each other.

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