As the formal maritime legislation of China,the Marine Environmental Protection Law has made remark-ably pioneering contributions in numerous areas.Among these,its clear extraterritorial application clauses stand out as a particularly noteworthy innovation.Despite undergoing two major revisions and three amendments to date,the extraterritorial application clauses of the Marine Environmental Protection Law have remained intact.Throughout the process of improving this law,as well as the whole legal system,efforts have been consistently made to lower the threshold for extraterritorial application,thus increasing the potential for legal extraterritoriality.Today,granting certain extraterritorial effect to marine environmental protection laws has become a common choice for many coun-tries.This not only helps countries in more effectively protecting their own marine entitlements and interests but also offers valuable guidance for the improvement and future evolution of international marine environmental protection laws and regulations.However,from the perspective of China's own practices,the situations regarding the extrater-ritorial application of marine environmental protection laws,particularly those centered around the Marine Environ-mental Protection Law,are far from optimistic in the past four decades.This is partly due to a lack of connection points in China's extraterritorial application clauses for marine environmental protection laws,making it challenging to effectively meet practical needs in legislation.Additionally,various substantive laws lack targeted mechanisms for extraterritorial application.Moreover,unclear jurisdictional allocations within domestic law enforcement agencies and potential conflicts with rules of other countries and even international law hinder the realization of extraterritorial application of marine environmental protection laws.In this context,despite the institutional foundation for extrater-ritorial application provided by China's marine environmental protection laws,the actual implementation of these laws has long been suboptimal in both enforcement and judicial practices.They have not only failed to effectively meet the basic requirements of protecting the country's marine environmental rights and interests but also been una-ble to fulfill the long-term goals of rule output and competition.A comparative analysis of practices related to the ex-traterritorial application of marine environmental protection laws in different countries and regions,such as the Unit-ed States and the European Union,can help identify existing problems and feasible improvement paths for China's marine environmental protection laws.Additionally,China should promptly make corresponding adjustments to the extraterritorial application clauses and substantive provisions of the Marine Environmental Protection Law in line with the practical needs of its own marine environmental governance.Specifically,building on the second revision of the Marine Environmental Protection Law and relying on the basic concept of maritime community with a shared future,China should provide more connection factors to expand the extraterritorial jurisdiction foundation for the extraterri-torial application clauses.Furthermore,updates should be made to the substantive provisions of the law and the pro-visions in other laws,regulations,and rules that complement it.This would ensure that legal formulation and imple-mentation are effectively combined in extraterritorial application.Additionally,major issues such as potential juris-dictional conflicts should be addressed during the implementation of the law,relying on international cooperation mechanisms and the principle of reciprocity,so as to effectively achieve the overall extraterritorial application of marine environmental protection laws and provide Chinese wisdom and solutions to the international community re-garding the extraterritorial application of marine environmental protection laws.
marine environmental protection lawsextraterritorial applicationnational practicesjurisdictional con-flictsmaritime community with a shared future
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