Thoughts on the Foreign Application of the Coast Guard Law
The Coast Guard Law,after years of research,discussion,and refinement,formally came into force in 2021 to address issues such as the integration of institutional responsibilities. The Coast Guard Law not only resolves numerous challenges within China' s previous maritime rights protection and law enforcement mechanism,marked by its comprehensive and meticulous traits,but also carries significant importance for national security. At the same time,the Coast Guard Law has induced excessive anxiety among certain countries. However,the subjects of main criticisms from these countries regarding the law,such as the scope in which the China Coast Guard can conduct activities of maritime rights protection and law enforcement,are entirely consistent with rules of international law and the general practice of states in the international community. Their abnormal stance stems from an initial diffi-culty in accommodating the shift in China' s posture in maritime rights protection and law enforcement. In reality,the content of the Coast Guard Law is contrary to the excessive concerns of these nations. Specifically,its provisions regarding the spacial scale of rights protection and law enforcement demonstrate a rather conservative character. And there are several areas in which this law has potential for improvement,including aligning with the international law of the sea such as the"hot pursuit"rules,expanding the spacial scale of rights protection and law enforcement,and refining rules of procedure for the effective use of force in law enforcement. Therefore,it is recommended to further improve its application in foreign affairs in order to fully safeguard the lawful rights of our country. In light of this,in response to the overreaction of some countries,and considering that the related issues of the Coast Guard Law inherently have a legal basis,diplomatic efforts should incorporate relevant jurisprudence. When conducting foreign relations,it is essential to distinguish between countries based on their stance towards this law,and to uti-lize strategies of rebuttal,communication,or alliance as deemed appropriate. Specifically,when addressing con-cerns regarding specific provisions of the Coast Guard Law,it is crucial to provide explanations and clarifications for the articles that have garnered specific attention. Meanwhile,it should also make other countries realize through va-rious means that the content of the Coast Guard Law has actually shown great restraint. When addressing the United States' involvement in the South China Sea issue,a dual-track strategy of"criticism and differentiation"could be considered. This strategy would involve criticism of the United States from the perspective of international law,based on its status as a non-coastal state. Simultaneously,it should make full use of the law that gives China Coast Guard the right to independently negotiate law enforcement cooperation agreements with other countries,and gradu-ally divide and dissolve the United States' role in the South China Sea issue by constantly strengthening ties with neighboring countries. As for improving legislation,it is suggested to refine the existing provisions of the Coast Guard Law by amending sections such as those related to the scope of rights protection and law enforcement in order to enhance its clarity,and improve alignment with both domestic and international law of the sea,such as the Ma-rine Environmental Protection Law and the United Nations Convention on the Law of the Sea. And when it comes to formulating supplementary rules,such as conditions for the authorized use of vessel-borne or airborne weapons under the Coast Guard Law,practical needs—such as exercising the right of"hot pursuit"to pursue and intercept escaping vessels—should be taken into consideration. Therefore,comprehensive research of relevant front line de-partments should be carried out first.
Coast Guard Lawjurisdictional watersrights protection and law enforcementuse of forcematching rules
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