Law of the People's Republic of China on the Exclusive Economic Zone and the Continental Shelf

Article 1

This Law is enacted to protect the People's Republic of China's exercise of its sovereign rights and jurisdiction over the exclusive economic zone and the continental shelf, and to safeguard its national maritime rights and interests.

Article 2

The exclusive economic zone of the People's Republic of China is an area beyond and adjacent to its territorial sea, extending to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.

The continental shelf of the People's Republic of China is the sea-bed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance.

Where there are conflicting claims between the People's Republic of China and another country whose coast is adjacent or opposite to that of the People's Republic of China over the delimitation of the exclusive economic zone and the continental shelf, the delimitation shall be determined by agreement in accordance with the principle of equity on the basis of international law.

Article 3

The People's Republic of China exercises sovereign rights over the exclusive economic zone for the purpose of exploring, exploiting, conserving and managing the natural resources of the waters superjacent to the sea-bed and of the sea-bed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds.

The People's Republic of China exercises jurisdiction over the exclusive economic zone with regard to the establishment and use of artificial islands, installations and structures, marine scientific research and the protection and preservation of the marine environment.

The natural resources of the exclusive economic zone referred to in this Law include both living resources and non-living resources.

Article 4

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

The People's Republic of China exercises jurisdiction over the continental shelf with regard to the establishment and use of artificial islands, installations and structures, marine scientific research and the protection and preservation of the marine environment.

The People's Republic of China shall have the exclusive right to authorize and regulate drilling on the continental shelf for all purposes.

The natural resources of the continental shelf referred to in this Law consist of the mineral and other non-living resources of the sea-bed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the sea-bed or are unable to move except in constant physical contact with the sea-bed or the subsoil.

Article 5

Any international organization, foreign organization or individual must obtain approval from the competent authority of the People's Republic of China before entering the exclusive economic zone of the People's Republic of China to engage in fishery activities, and must comply with the laws and regulations of the People's Republic of China as well as the treaties and agreements signed between the People's Republic of China and the relevant countries.

The competent authority of the People's Republic of China shall have the right to ensure through proper conservation and management measures that the living resources in the exclusive economic zone are not endangered by over-exploitation.

Article 6

The competent authority of the People's Republic of China shall have the right to conserve and manage in the exclusive economic zone the transboundary stocks, the highly migratory species, the marine mammals, the anadromous stocks which originate in the rivers of the People's Republic of China and the catadromous species which spend the greater part of their life cycle in the waters of the People's Republic of China.

The People's Republic of China enjoys primary interest in the anadromous stocks which originate in the rivers of the People's Republic of China.

Article 7

Any international organization, foreign organization or individual must obtain approval from the competent authority of the People's Republic of China before undertaking activities to exploit or explore the natural resources of the exclusive economic zone or the continental shelf of the People's Republic of China, or for drilling on the continental shelf of the People's Republic of China for any purpose, and must comply with the laws and regulations of the People's Republic of China.

Article 8

The People's Republic of China shall have the exclusive right in the exclusive economic zone and the continental shelf to construct, and to authorize and regulate the construction, operation and use of artificial islands, installations and structures.

The People's Republic of China exercises exclusive jurisdiction over artificial islands, installations and structures in the exclusive economic zone or on the continental shelf, including jurisdiction with regard to customs, fiscal, health, safety and immigration laws and regulations.

The competent authority of the People's Republic of China may establish safety zones around artificial islands, installations and structures in the exclusive economic zone or on the continental shelf, and it may in such zones take appropriate measures to ensure the safety both of navigation and of the artificial islands, installations and structures.

Article 9

Any international organization, foreign organization or individual must obtain approval from the competent authority of the People's Republic of China before conducting any marine scientific research in the exclusive economic zone or on the continental shelf of the People's Republic of China, and must comply with the laws and regulations of the People's Republic of China.

Article 10

The competent authority of the People's Republic of China shall have the right to take necessary measures to prevent, reduce and control pollution of the marine environment and to protect and preserve the marine environment of the exclusive economic zone and the continental shelf.

Article 11

Subject to compliance with international law and the laws and regulations of the People's Republic of China, all countries enjoy freedom of navigation and overflight in the exclusive economic zone of the People's Republic of China and freedom to lay submarine cables and pipelines in the exclusive economic zone or on the continental shelf, as well as the convenience of other lawful uses of the sea relating to such freedoms. Prior consent to the course for the laying of submarine cables and pipelines has to be obtained from the competent authority of the People's Republic of China.

Article 12

The People's Republic of China may, in the exercise of its sovereign rights to explore, exploit, conserve and manage the living resources in the exclusive economic zone, take necessary measures such as boarding, inspection, arrest, detention and judicial proceedings etc. to ensure compliance with the laws and regulations of the People's Republic of China.

The People's Republic of China may, in respect of any violation of the laws or regulations of the People's Republic of China in the exclusive economic zone or on the continental shelf, take necessary measures, proceed against anyone for legal responsibility according to law, and exercise the right of hot pursuit.

Article 13

The rights enjoyed by the People's Republic of China over the exclusive economic zone and the continental shelf which are not provided for under this Law shall be exercised under the international law and other relevant laws and regulations of the People's Republic of China.

Article 14

The provisions of this Law shall not prejudice any historical right enjoyed by the People's Republic of China.

Article 15

The Government of the People's Republic of China may make relevant provisions under this Law.

Article 16

This Law shall come into force on the date of promulgation.