Abstract In October 2025, the Standing Committee of the Fourteenth National People’s Congress adopted the newly revised Maritime Code of the People’s Republic of China, which entered into force on 1 May 2026. The revision marks a significant development in Chinese maritime legislation. By expressly incorporating the protection of the marine ecological environment into its legislative objectives, expanding the statutory duties of the captain with regard to pollution prevention, and introducing a dedicated chapter on liability for ship-source oil pollution damage, the revised Code establishes a clearer legal framework for addressing oil pollution incidents. This article aims to outline these key revisions and to analyse their implications for ship-source oil pollution liability and marine environmental protection.
Abstract This article examines the rights of deep-seabed mining contractors to sample and collect biological resources in the Area and the legal status of these resources in light of the new Agreement on Biological Diversity in Areas beyond National Jurisdiction ( BBNJ Agreement). The fundamental basis for these rights can be traced back to the comprehensive framework established by Part XI of the UN Convention on the Law of the Sea ( LOSC ), as well as the obligation to protect the marine environment from harmful effects arising from activities in the Area. This article concludes by reaffirming the competence of the BBNJ Agreement to regulate activities of utilisation with respect to marine genetic resources and digital sequence information, including those derived from material collected or sampled within the legal framework of activities in the Area.
Abstract Submarine communication cables constitute essential infrastructure for global data transmission, yet the legal framework governing their protection under the United Nations Convention on the Law of the Sea ( LOSC ) remains largely oriented toward post-incident responsibility rather than preventive governance, particularly within the exclusive economic zone. This article examines Taiwan’s 2025 Seven-Law Amendment Package as legally relevant State practice illustrating how due diligence may be operationalised within the LOSC framework without asserting expanded maritime jurisdiction. It argues that the reforms strengthen monitoring, coordination, and evidentiary preparedness, thereby enhancing the legal defensibility of preventive measures while preserving the Convention’s jurisdictional balance.
Abstract For an archipelagic State, maritime neutrality is not merely a matter of political alignment but of legal administration across space. Indonesia’s position astride major sea lines of communication linking the Indian and Pacific Oceans makes interaction with belligerent naval movement likely in any major regional conflict. Using a Taiwan-related contingency as an analytical stress test rather than a prediction of war, this article examines how the port-centred and territorially bounded assumptions of Hague XIII interact with passage regimes under UNCLOS when applied to an archipelagic setting characterised by dispersed ports, overlapping passage regimes, and corridor-based maritime connectivity. It argues that while the core rules of maritime neutrality remain legally sound, their application in Indonesia raises acute problems of administrability and perception in relation to belligerent use of maritime space. In an archipelagic context, neutrality depends less on formal declaration than on disciplined regulatory design and consistent administration.
Abstract Renewed United States Coast Guard enforcement in 2025 of the ‘75/25 rule’ in 46 U.S.C. § 8103(i) has revived a long‑dormant constraint on crewing US-documented fishing vessels. The rule requires that at least three-fourths of unlicensed crew are US citizens or lawful permanent residents, restricting employment of other lawfully present migrant deckhands. This revival coincides with US federal and state seafood competitiveness initiatives, including Executive Order 14276, shrimp trade disputes, and stricter seafood‑labelling laws aimed at expanding domestic wild‑caught production. This article examines the rule as a domestic case study of flag State responsibility in fisheries, in particular, ensuring safe manning and working conditions on vessels engaged in commercial harvesting. It traces the rule’s origins in the 1987 Anti-Reflagging Act, explains the waiver process, and assesses impacts on labour-deficient and safety-sensitive fisheries. Furthermore, it proposes reforms that would replace nationality quotas with labour and safety standards appropriate for today’s fleets.
Abstract China ratified the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction ( BBNJ Agreement) on 15 December 2025. This was accompanied by three declaratory statements. This commentary analyses China’s declarations, with the view of assessing their legal import and their substantive significance in relation to the limitation to the temporal scope of the Agreement, the question of disputed areas, consensus-oriented decision-making, and the ‘not undermine’ principle. Through the declarations, we suggest, China strategically positions itself within a framework of multilateral cooperation while tactically seeking to insulate its core sovereign and economic interests from excessive legal spillover.
Abstract The proliferation of sub-seabed carbon dioxide (CO₂) storage technologies to mitigate hard-to-abate CO₂ emissions and combat climate change may affect environmental obligations under the United Nations Convention on the Law of the Sea ( LOSC ) and related treaties. While CO₂ emissions pollute the marine environment and must be reduced, sub-seabed storage, considered a form of ‘dumping’, can also pose environmental risks. The LOSC requires adherence to ‘global rules and standards’ for the prevention of marine pollution by dumping, often understood to include the 1972 London Convention and its 1996 Protocol. Nevertheless, the limited global deployment of sub-seabed CO₂ storage means there may be insufficient practice to demonstrate which rules and standards have been ‘globally’ accepted. This article explores the environmental regulation of sub-seabed CO₂ storage under the LOSC , focusing on the application of the ‘global rules and standards’ requirement, the due diligence obligation, environmental impact assessment, and the precautionary approach.
Abstract Tourism to Antarctica is steadily growing and diversifying, with concerns as to its impacts on the Antarctic environment and the priority afforded to science within the Antarctic Treaty System. States with decision-making powers for the region agreed in 2023 to start a ‘[d]edicated process for the development of a comprehensive and consistent framework for Antarctic tourism and other non-governmental activities’. Preliminary negotiation work has been undertaken since then and is continuing along six identified ‘building blocks’. Whether this negotiation process will be more successful than previous attempts remains to be seen, particularly in light of the required consensus for the adoption of any instrument. Of note so far is the mention, by certain States, of a need to reverse the default situation of use and have tourism prohibited except and unless it is explicitly allowed.
This article examines whether and to what extent the concept of the common heritage of humankind (CHH) can be used to remedy the weaknesses of the high seas fisheries regime. Following a brief review of the circumstances in which the CHH emerged, the notion, legal status, and normative content of the concept are examined. Whether the CHH concept has been integrated into other international instruments, thus qualifying it as a general principle of law, is analysed. Subsequently, the high seas fisheries regime is examined closely to identify any existing gaps. The article then turns to the question of the applicability of the CHH as a limitation of the freedom of fishing and draw comparisons between Parts VII and XI of the United Nations Convention on the Law of the Sea, delineating the potential ramifications of such an application. The assessment submitted is based on a perspective sub specie legis ferendae.
Indigenous Peoples and local communities ( IPLC s) are recognised as a primary ‘non-State actor’ in ecological and environmental governance. As rights holders, crucial stakeholders, and key contributors to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction ( BBNJ Agreement), their participation in the Agreement not only fulfils the requirements of international law but also contributes significantly to its objectives. Currently, their participation is primarily manifested in the negotiation process and the institutional arrangements of the text. The former comprises both direct and indirect forms; the latter establishes a reasonable and comprehensive framework for their participation, albeit with certain limitations. Enhanced participation in implementation of the BBNJ Agreement will require enduring institutional mechanisms, States Parties fulfilling their legal obligations regarding IPLC s’ participation, and cooperative and coordinated ocean governance mechanisms with the Agreement.
Can the United States choose to ignore the international deep seabed regime laid down in the United Nations Convention on the Law of the Sea due to its status as a non-State Party? And what is the possible impact of its actions on the current legal order? Focusing on its conduct since the adoption of the Deep Seabed Hard Mineral Resources Act in 1980, this article aims to evaluate the legality of the US Executive Order of 24 April 2025 (‘Unleashing America’s Offshore Critical Minerals and Resources’) from the perspective of international law. It also provides readers with a general outlook and critical opinion on the potential next steps.
In late 2024 China declared territorial sea baselines around Scarborough Reef. Scarborough Reef is one of the most critical insular features in the South China Sea. It is claimed by China and the Philippines and is where the most serious at-sea conflicts between both countries have taken place. China’s 10 November 2024 baseline declaration is a further step in the legal dispute over Scarborough Reef. This article analyses China’s baselines declaration and considers its significance for the largest prize in the South China Sea – the Spratly Islands.
The Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction ( BBNJ Agreement), adopted in June 2023, enhances existing law of the sea and environmental law frameworks by addressing the critical issue of biodiversity in international waters. The Agreement aims to tackle pressing challenges such as ecosystem degradation caused by climate change, pollution, and unsustainable exploitation of marine resources. However, the effectiveness of the BBNJ Agreement and its measures hinges on the establishment of a robust dispute settlement regime. This article explores the final consensus on this mechanism, drawing insights from other multilateral conventions, including the United Nations Convention on the Law of the Sea ( LOSC ) and the 1995 Fish Stocks Agreement. While the Agreement generally aligns with the LOSC framework, it introduces innovative elements such as the advisory jurisdiction of the full International Tribunal for the Law of the Sea, despite certain challenges.
Enhancing the sequestration of carbon dioxide in marine environments can contribute to stabilising greenhouse gases, thus mitigating the impacts of climate change. Against this background, and considering China’s mitigation obligations under international law, Chinese judges have developed a new approach to environmental remedies in civil public interest cases: ordering defendants liable for breaches of their marine environmental responsibilities to invest in marine carbon sequestration projects. This article provides an overview of two recent cases in China concerning such judicial innovation, discusses its legal basis, criteria and environmental effectiveness, and concludes with some insights into its practice.
The 2023 Agreement under the United Nations Convention on the Law of the Sea on the conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction ( BBNJ Agreement) encompasses regimes concerning marine genetic resources ( MGR s), area-based management tools ( ABMT s), and environmental impact assessments ( EIA s). The Arctic high seas regime is characterised by fragmentation. Applying Oran Young’s theory of regime interplay, this article explores how the BBNJ Agreement interacts with the Arctic high seas regime, creating functional and political linkages across horizontal and vertical dimensions. Legal obligations on marine scientific research related to MGR s in the Arctic high seas could influence existing governance structures. The ABMT s regime may limit the freedom of marine scientific research and conflict with commercial fishing activities in Arctic high seas. EIA provisions and high environmental standards will shape both the types of scientific research and future fisheries management arrangements in Arctic high seas.
