Editorial Note

The ocean has been an important foundation for human survival and activities throughout history,as well as a crucial link for friendly cooperation and exchange of different civilizations among peoples around the world.Different States and peoples,in the process of ocean development and coexistence,have been accompanied by a series of differences and contradictions,conflicts,and wars.The history of human ocean affairs for thousands of years has been characterized by alternating cycles of peace and conflict.The United Nations Convention on the Law of the Sea (UNCLOS)establishes the principle of “land dominates the sea”,and based on the baselines of the territorial sea of the coastal State,the sea is divided into different areas such as internal waters,territorial sea,contiguous zone,exclusive economic zone,continental shelves,high seas,and the international seabed area.This delimitation of maritime space has become the fundamental basis for the orderly delineation of boundaries between coastal States and the establishment of a legal framework for maritime cooperation and conflict resolution.The papers published in this Issue present the latest research results on international law regarding trans-boundary (trans-regional) and high seas maritime cooperation and conflict resolution,such as the international law review of the term of “international waters” used by the United States (U.S.),the discussion on the cooperation and coordination of ownership disputes of underwater cultural heritage between States,and the analysis of the legal effectiveness of the maritime dispute settlement mechanism of the International Court of Justice,which offer new ideas and viewpoints.

The “international waters” is an alternative spatial concept that the U.S.has established outside of the ocean zoning system under the UNCLOS,which is essentially a subjective tool for the U.S.to promote its maritime hegemony globally and limit the maritime jurisdiction of coastal countries.On the Term of International Waters Used by the United States and Self-Claimed Legal Grounds for Its Conducts at Sea by MOU Wenfu provides an in-depth analysis of the connotation of the U.S.interpretation of “international waters”,its ideological origins,its contradictions with the United Nations-centered international law system,and its negative impacts.The article argues that the“international waters” self-concocted by the U.S.refers to maritime areas that are not subject to the territorial sovereignty of the coastal State,including the contiguous zone,the exclusive economic zone,the high seas,and other maritime areas beyond the territorial sea.This concept subjectively shapes an undifferentiated overall maritime space,and the “zoning” that does not exist in modern maritime law undermines various different maritime jurisdictional rights given to coastal States.This provides a subjective basis for the U.S.Navy to maintain its maritime hegemony and “freedom of navigation”.The Author argues that this concept is typical of Carl Schmitt’s ideology of the “Grossraum order”,which advocated a hegemonic State.The article also explains the serious damage that the terms of “international waters” used by the U.S.have caused to the international maritime order established by international law,including the UNCLOS,from the perspectives of the integrity and originality of the UNCLOS’ maritime legal system,the infringement of the rights and interests of other coastal States,the violation of the principles of international law of good faith and the prohibition of abuse of rights,etc.It has important theoretical and practical significance.

Underwater cultural heritage is an integral part of the marine ecology,environment,and resource system in a broad sense,and is an extremely important part of the historical memory and common heritage.Although the Convention Concerning the Protection of the World Cultural and Natural Heritage,the United Nations Convention on the Law of the Sea,the Convention on the Protection of Underwater Cultural Heritage,and other relevant international regulations have provided principled norms for the international obligations,rights,and responsibilities of countries,organizations,and individuals in the protection of underwater cultural heritage,there are still many legal gaps and disputes in specific practices.WANG Jing and CHEN Ruida have made new research on two important focal points,such as transboundary cooperation mechanisms and ownership disputes between States in the protection of underwater heritage,respectively.Given the international legal gaps in the protection of underwater cultural heritage in areas with cross-border or jurisdictional disputes,the characteristics of underwater cultural heritage being accompanied by marine biological resources,and the uniqueness of the historical and current situation in the South China Sea region,WANG Jing’s On the Comprehensive Protected Area for Underwater Cultural Heritage in the South China Sea proposes the idea of establishing comprehensive protected areas for underwater cultural heritage in the South China Sea with reference to the more mature marine protection area (MPA) system in international oceans law practice,which is a novel exploration for the protection system of underwater cultural heritage and the improvement of the international maritime legal system.The Author argues for the necessity of constructing a collaborative protection zone for underwater cultural heritage in the South China Sea region,drawing on the historical traditions closely related to the development of the Maritime Silk Road in the surrounding States of the South China Sea,the spirit of “exploring and conducting cooperation” advocated by China and ASEAN in implementing the 2014 Declaration on the Conduct of Parties in the South China Sea,and the severe situation of cross-border underwater heritage looting and commercial development in the South China Sea.The Author also draws on a series of successful practices in international oceans law on MPAs,proposing to view the protection area for underwater cultural heritage as the same as the international oceans law practice for the protection of the marine environment and ecological resources,and as a part of the practical cooperation mechanism between China and ASEAN in the South China Sea and the construction of the Belt and Road on the sea,which is all positive and beneficial and deserves further in-depth research and practice.

Bilateral or Multilateral Agreements between States for the Settlement of Dispute over Ownership of Underwater Cultural Heritage: Background,Ownership Clauses,and Implications for China by CHEN Ruida focuses on ownership disputes regarding underwater cultural heritage,an area of great disagreement among the heritage community,the legal community,and society at large.The UNESCO Convention on the Protection of Underwater Cultural Heritage,based on the recognition of the protection of the common heritage of mankind,clarifies the principle of “no commercial exploitation” and the main responsibility of “States Parties to protect underwater cultural heritage for the benefit of humanity as a whole in accordance with the provisions of this Treaty”,and denies the “sale,possession,or exchange of underwater cultural heritage for the purpose of sale,possession,or exchange”.Ownership is a concept in private law that refers to the exclusive control and dominion over underwater cultural heritage,particularly with regard to private possession and commercial transactions,which conflicts with the principles of international conventions.It is worth acknowledging that the Author takes into account the relative nature of ownership of underwater cultural heritage and argues that it has both property and cultural value,and thus its dominion should be limited to the extent consistent with the management and protection of cultural heritage by the State,with its ownership only justified in line with the public interests.However,given the differences in the conclusion and accession of coastal States to the Convention,as well as the differences in the connotations of various States’ underwater cultural heritage laws and related laws on salvage,salvage property,and sunken ship laws,and other situations involving conflicts of jurisdiction between coastal States and the source countries of commercial ships or the flag States of sunken ships,it is an indisputable reality that many maritime States’ ownership disputes over underwater cultural heritage are resolved through bilateral or multilateral agreements.In view of this,the article objectively analyses the legal issues of ownership,attribution,and security of ownership involved in existing multilateral agreements,assesses the superiority and limitations of the existing agreement practice and its potential implications for China,and provides a new perspective to promote international cooperation and dispute resolution in underwater cultural heritage.

In 2021,the special chamber of the International Tribunal for the Law of the Sea (ITLOS) delivered its judgement with regard to the case of Dispute Concerning Delimitation of the Maritime Boundary Between Mauritius and Maldives in the Indian Ocean,which was a successful and influential case in resolving the dispute.On the Effectiveness of ICJ’s Advisory Opinions in the Settlement of International Disputes: From the Perspective of the Mauritius/Maldives Case by ZHUANG Yuan assesses the coexistence of both the limited and positive effects of the judgment and concludes that,although the ICJ advisory opinion is not legally binding and cannot produce the legal effect of directly settling international disputes,it still has authoritative influence and can yield positive effects on the settlement of international disputes with its strong arguments,in-depth analysis and objective and fair conclusions.On the basis of this analysis,the Author proposes that the legal effect of the advisory opinion of the ICJ should be correctly regarded and fully utilized in relevant international law practice in China,and that reckless expansion of the effect of the advisory opinion should be prevented,as its academic significance and practical value cannot be ignored.

In addition,The Improvement of China’s Ship Oil Pollution Damage Compensation System in Light of OPA 90 by ZHAO Xiaonan and CHANG Yen-Chiang reviews the content of the revision of China’s maritime law and identifies the shortcomings of the legislative thinking in the construction of the ship oil pollution damage compensation system,suggesting a series of urgent legislative proposals for improvement.This article suggests that China’s compensation system for ship oil pollution damage should absorb and learn from the comprehensive regulation of the U.S.Oil Pollution Act 1990,which has detailed provisions on the objects of regulation,exemption of liability for responsible parties,and a wide range of oil spill liability trust fund compensation.It also proposes to include offshore mobile drilling platforms in the scope of ship oil pollution damage compensation,add clauses on “a reference to ship oil pollution damage compensation processing”,establish more stringent conditions and compensation obligations for third-party liability and a ship oil pollution damage compensation fund,and optimize the compensation scope and limit of the ship oil pollution fund.This study is of great value in improving and expediting the systematic legislation of the ship oil pollution damage compensation system in maritime law to maintain the sustainable development of the sea and the sound development of the shipping industry.

The world today is undergoing major changes unseen in a century,and in the process of multi-polarization,there is a risk of exacerbating differences and conflicts in the world,and the global maritime situation is becoming increasingly dire,which hinders the sustainable development of human civilization.COLR will continue to organize more research on international law in the field of trans-boundary (trans-regional) or high-seas maritime cooperation,and contribute to peace and sustainable development of the maritime world with the concept of a “maritime community with a shared future”.

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