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中华人民共和国专属经济区和大陆架法 Law of the People's Republic of China on the Exclusive Economic Zone and the Continental Shelf

2006-05-14 17:04   我要纠错 | 打印 | 收藏 | | |

(Adopted at the 3rd Meeting of the Standing Committee of the Ninth National People's Congress on June 26, 1998 and promulgated by Order No. 6 of the President of the People's Republic of China on June 26, 1998)
颁布日期:19980626  实施日期:19980626  颁布单位:全国人大常委会

  Article 1 This Law is enacted with a view to ensuring the exercise of the sovereign rights and jurisdiction over the exclusive economic zone and the continental shelf by the People's Republic of China and safeguarding maritime rights and interests of the State.

  Article 2 The exclusive economic zone of the People's Republic of China is the area adjacent to and beyond the territorial sea of the People's Republic of China, extending as far as 200 nautical miles measured from the baseline that is used for calculating the breadth of the territorial sea.

  The continental shelf of the People's Republic of China is all natural extensions following the land territory of the State and beyond the territorial sea of the People's Republic of China, extending as far as the bed and subsoil of the undersea area on the outer fringe of the continent; or extending as far as 200 nautical miles in case where it is not more than 200 nautical miles measured from the baseline, which is used for calculating the breadth of the territorial sea, to the outer fringe of the continent.

  Where the claim of the People's Republic of China for the exclusive economic zone and the continental shelf overlaps with that of other country adjacent or opposite in their seacoasts, a boundary shall be determined under the principle of equity and based on the international law.

  Article 3 The People's Republic of China exercises sovereign rights for the purpose of exploring, exploiting, conserving and managing natural resources in water areas above the seabed, in seabed and subsoil of the exclusive economic zone as well as for the purpose of other economic activities of exploitation and exploration such as utilization of seawater, sea current and wind power to produce energy.

  The People's Republic of China exercises jurisdiction in relation to construction and exploitation of artificial islands, installations and structures as well as maritime scientific research, protection and conservation of maritime environment in the exclusive economic zone.

  Natural resources in the exclusive economic zone mentioned in this Law include living resources and non-living resources.

  Article 4 The People's Republic of China exercises sovereign rights over its continental shelf for the purpose of exploring the continental shelf and exploiting natural resources in the continental shelf.

  The People's Republic of China exercises jurisdiction in relation to construction and exploitation of artificial islands, installations and structures as well as maritime scientific research, protection and conservation of maritime environment in the continental shelf.

  The People's Republic of China possesses the exclusive right to authorize and manage drilling operations in its continental shelf for any purpose.

  Natural resources in the continental shelf mentioned in this Law include minerals and other non-living resources in the seabed and subsoil, as well as organisms of resident species that, at the fishing seasons, are immobile on or under the seabed or mobile only by keeping their bodies clinging to the seabed or subsoil.

  Article 5 Entry of any international organization, foreign organization or individual into the exclusive economic zone of the People's Republic of China for fishing activities must be subject to the approval of the competent authorities of the People's Republic of China, and must conform to the laws and regulations of the People's Republic of China and treaties and agreements to which the People's Republic of China and other countries involved are signatories.

  The competent authorities of the People's Republic of China shall have the power to take all necessary measures of conservation and management ensuring that living resources in the exclusive economic zone are protected from excessive exploitation.

  Article 6 The competent authorities of the People's Republic of China shall have the power in its exclusive economic zone to conserve and manage the trans-boundary population, highly migrating fishes, marine mammals, anadromous spawning population originating in rivers of the People's Republic of China, and downstream spawning fishes speading most of their life cycles in the water areas of the People's Republic of China.

  The People's Republic of China has principal interests to the anadromous spawning population originating in its own rivers.

  Article 7 Any operations of exploration and exploitation of natural resources in the exclusive economic zone and the continental shelf of the People's Republic of China, or any operations of drilling in the continental shelf of the People's Republic of China for any purpose, by any international organization, foreign organization or individual, must be subject to the approval of the competent authorities of the People's Republic of China, and must conform to the laws and regulations of the People's Republic of China.

  Article 8 The People's Republic of China has the exclusive right to construct, manage and authorize to construct, operate and utilize artificial islands, installations and structures in its exclusive economic zone and its continental shelf.

  The People's Republic of China exercises exclusive jurisdiction over artificial islands, installations and structures in its exclusive economic zone and its continental shelf, including jurisdiction based on laws and regulations governing matters of Customs, finance, public health and entry and exit.

  The competent authorities of the People's Republic of China has the power to set up safety belts surrounding artificial islands, installations and structures in the exclusive economic zone and the continental shelf, and may take proper measures in such belts ensuring navigation safety and the safety of artificial islands, installations and structures.

  Article 9 Marine scientific research by any international organization, foreign organization and individual in the exclusive economic zone and the continental shelf of the People's Republic of China must be subject to the approval of the competent authorities of the People's Republic of China and must conform to the laws and regulations of the People's Republic of China.

  Article 10 The competent authorities of the People's Republic of China has the power to take necessary measures for preventing, eliminating and controlling pollution to marine environment and protecting and conserving marine environment of the exclusive economic zone and the continental shelf.

  Article 11 All country, provided observing the international law and laws and regulations of the People's Republic of China, enjoy the freedom of navigating in and flying over the exclusive economic zone of the People's Republic of China, enjoy the freedom of laying down submarine cables and piping in the exclusive economic zone and the continental shelf of the People's Republic of China, and enjoy other conveniences related to the freedom above-mentioned for legal use of ocean. The route of laying down submarine cables and piping must be subject to the consent of the competent authorities of the People's Republic of China.

  Article 12 The People's Republic of China may, when exercising sovereign rights to explore, exploit, conserve and manage living resources in its exclusive economic zone, take necessary measures such as boarding, search, arrest, seazure and imposition of judicial process ensuring the observance of laws and regulations of the People's Republic of China.

  The People's Republic of China has the power to take necessary measures against acts violating laws and regulations of the People's Republic of China in the exclusive economic zone and the continental shelf, investigate for legal liabilities according to law, and may exercise the right of hot pursuit.

  Article 13 Other rights of the People's Republic of China to its exclusive economic zone and its continental shelf, which not provided for by this Law, shall be exercised in accordance with the international law and other relevant laws and regulations of the People's Republic of China.

  Article 14 No provisions of this Law can prejudice historical rights of the People's Republic of China.

  Article 15 The Government of the People's Republic of China may formulate relevant provisions in accordance with this Law.

  Article 16 This Law comes into effect as of the date of promulgation.

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