China's Domestic Law on the Exploration and Development of Resources in Deep Seabed Areas

Abstract

The Law of the People's Republic of China on Exploration for and Exploitation of Resources in the Deep Seabed Area (the Deep Seabed Law) was adopted on 26 February 2016 and became effective as of 1 May 2016. Three implementing regulations have also been rolled out in 2017. The enactment of the law and its implementing regulations represents China's national implementation of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This chapter starts by introducing the historical background (Section 1) and favorable national circumstances leading towards its enactment (Section 2). It then proceeds to answer two central questions: why does China need this law and why in 2016 (Section 3). The main part of this chapter compares China's Deep Seabed Law with laws of other countries with respect to six aspects (Section 4). Section 5 comments on the three core legislative intents of the law, namely controlling, securing and preparing. Section 6 examines the significance of the Law, while Section 7 concludes by evaluating its limitations and impact on China's other areas of law. This chapter provides a window for the world to understand China's strategy of building a 'deep sea maritime power' by 2020. Legal innovation of the Deep Seabed Law could also serve as a reference for other countries that intend to incorporate UNCLOS obligations into their domestic legal system.