9th Annual Colloquium of the IUCN Academy of Environmental Law – South Africa Nengye LIU, PhD Candidate, Faculty of Law, Ghent University Prevention of Vessel-Source Marine Pollution: International Law and Chinese Practice LIU Nengye

9th Annual Colloquium of the IUCN Academy of Environmental Law – South Africa Nengye LIU, PhD Candidate, Faculty of Law, Ghent University 1. Introduction 2. International Legal Regime 3. Chinese Legal Framework 4. Challenges

9th Annual Colloquium of the IUCN Academy of Environmental Law – South Africa Nengye LIU, PhD Candidate, Faculty of Law, Ghent University Introduction -In 2010, km2 of polluted sea areas within China’s jurisdiction (State Oceanic Administration, 2010) -In 2010, China imported million tons of crude oil (National Bureau of Statistics,2010) -95% was carried by maritime transport. -Oil spills of more than 10,000 tons have yet to happen. However, between 1973 and 2006 a total of 2635 oil spill accidents have occurred. A total of 37,000 tons of oil has leaked into sea areas

9th Annual Colloquium of the IUCN Academy of Environmental Law – South Africa Nengye LIU, PhD Candidate, Faculty of Law, Ghent University

9th Annual Colloquium of the IUCN Academy of Environmental Law – South Africa Nengye LIU, PhD Candidate, Faculty of Law, Ghent University Introduction Research questions: -Will China apply its marine environment legislation to disputed sea areas between China and its neighboring countries (may have impact on China’s sovereignty claims)? -How might Chinese legislation affect the freedom of navigation in China’s Exclusive Economic Zone (EEZ)?

9th Annual Colloquium of the IUCN Academy of Environmental Law – South Africa Nengye LIU, PhD Candidate, Faculty of Law, Ghent University International Legal Regime -United Nations Convention on the Law of the Sea (LOSC) -International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) -International Convention for the Safety of Life at Sea (SOLAS 74) -International Convention on the Control of Harmful Anti-fouling Systems on Ships (Anti-Fouling Convention 2001) -International Convention for the Control and Management of Ships’ Ballast Water and Sediments (BWM Convention 2004)

9th Annual Colloquium of the IUCN Academy of Environmental Law – South Africa Nengye LIU, PhD Candidate, Faculty of Law, Ghent University China’s International Law Position -China ratified the LOSC in China has ratified the MARPOL Annex I&II (1983), Annex III (in 1994), Annex IV & VI (in 2006), Annex V (in 1988), the Basel Convention (in 1991 and the Basel Ban Amendment in 2001) and SOLAS (in 1994) -China ratified the Anti-fouling Convention in 2011 (7 June 2011) -China is not yet a member of the BWM Convention -Treaty obligations are implemented through transformation under specific national legislation

9th Annual Colloquium of the IUCN Academy of Environmental Law – South Africa Nengye LIU, PhD Candidate, Faculty of Law, Ghent University Domestic Legal Framework -Marine Environment Protection Law (MEPL adopted 1982, amended 1999) -Maritime Transport Safety Law (adopted 1983) Regulation on the Prevention and Control of Marine Pollution from Vessels (2009 Regulation), replaced 1983 Regulation -Institutions: Maritime Safety Agency, State Oceanic Administration, State Fishery Administration

9th Annual Colloquium of the IUCN Academy of Environmental Law – South Africa Nengye LIU, PhD Candidate, Faculty of Law, Ghent University 2009 Regulation -Driving force: 1) the risk of serious oil spill accidents 2) MARPOL and SOLAS have undergone significant developments since 1983, so has State practice of the US, EU and etc -General Provisions -Prevention of operational pollution -Prevention of accidental pollution -Prevention of pollution from hazardous waste

9th Annual Colloquium of the IUCN Academy of Environmental Law – South Af Nengye LIU, PhD Candidate, Faculty of Law, Ghent University Purposes: Environment or Sovereignty? East China Sea: China v. Japan

9th Annual Colloquium of the IUCN Academy of Environmental Law – South Africa Nengye LIU, PhD Candidate, Faculty of Law, Ghent University South China Sea: China v. Vietnam, Malaysia, Philippines

9th Annual Colloquium of the IUCN Academy of Environmental Law – South Africa Nengye LIU, PhD Candidate, Faculty of Law, Ghent University Environment or Sovereignty? -The 2009 Regulation applies to vessel-source pollution that occurs in sea areas under China’s jurisdiction (Art.2 of MEPL: internal water, territorial sea, contiguous zone, exclusive economic zone (EEZ) and other sea areas under China’s jurisdiction). The meaning of the term “other sea areas under China’s jurisdiction” is however unclear -Concerns are raised, as to whether China will enforce its vessel- source pollution legislation in the disputed sea areas -Art.123 of the LOSC & Declaration on the Conduct of Parties in the South China Sea -China is actively involved with regional sea programs. E.g. UNEP regional sea programs and Partnerships in Environmental Management for the Seas of East Asia (PEMSEA)

9th Annual Colloquium of the IUCN Academy of Environmental Law – South Africa Nengye LIU, PhD Candidate, Faculty of Law, Ghent University Freedom of Navigation -Under Chinese law, whenever vessels carrying hazardous waste want to transit China’s EEZ, an approval from the Ministry of Environmental Protection is obligatory. There are also mandatory ship routing systems and ship reporting systems imposed on these types of vessels. (Art.31, Regulation 2009) -Two different interpretations of Art.2 (9), Basel Convention (Germany, Japan and the United Kingdom v. Latin America countries) -If China unilaterally applies the ban to foreign vessels in its EEZ, this may considerably affect the freedom of navigation for foreign vessels and result in international disputes. This might be considered by Chinese authorities when it comes to the practice.

9th Annual Colloquium of the IUCN Academy of Environmental Law – South Africa Nengye LIU, PhD Candidate, Faculty of Law, Ghent University Conclusions -China has established a comprehensive legal regime for the prevention of vessel-source pollution. International conventions are mainly transferred into domestic legislation -China employs a cooperative approach on the protection of the marine environment in disputed sea areas -It is suggested that China should be careful with the enforcement of Regulation 2009 that may be disputable under international law

9th Annual Colloquium of the IUCN Academy of Environmental Law – South Africa Nengye LIU, PhD Candidate, Faculty of Law, Ghent University Thanks a lot for your attention!