On April 20, the 9th Wuhan University International Law Forum 2018 was successfully held in Room 323 of Law School presided by Prof. Luo Guoqiang. The speaker Zhang Haiwen, the dean of the China Institute for Maritime Affairs gave a speech with the topic of the problems deserved to be further studied in law of sea.

Prof. Zhang has been engaged in international ocean law, ocean policy and marine security strategy research for a long time. It summarizes the main legal issues of theoretical defects and practical difficulties in the field of the law of the sea from five aspects: the interpretation and application of the treaty (the nature recommended by the Commission on the Limits of the Continental Shelf) And the issue of effectiveness, the relationship between the Antarctic Treaty system and other conventions, for example, the legal issues related to mining regulations in the international seabed area, the conflict and coordination of the marine protected area system and the free sea system, and the conservation of biodiversity beyond national jurisdiction. The issue of sustainable use and other issues of the law of the sea that deserve further study (the relationship between the common heritage of mankind and the common heritage of mankind and the common concerns of mankind, with due regard to the accurate interpretation of principles, etc.). Prof. Zhang has elaborated on the above contents from the perspectives of historical development, theoretical theory and practical status.

The interpretation and application of the treaty is a legal issue that has always existed and is increasingly prominent in the field of international law. Prof. Zhang used the provisions of the United Nations Convention on the Law of the Sea on the continental shelf as an example to demonstrate in detail the "continental shelf " in law and the one in geological way. The conceptual difference, taking the special terrain of the Amazon alluvial fan in the “Brazil Demarcation Case” as an example, he vividly explains the application of the limit line and formula line of the continental shelf calculation. Regarding the provisions of Article 76, paragraph 8, of the United Nations Convention on the Law of the Sea, Prof. Zhang presented his own unique views. He believed that the Committee’s recommendations to coastal States on matters relating to the delimitation of the outer limits of the continental shelf should be legally binding. On the one hand, although the recommendations given by the Commission are scientific, as the continental shelf is also derived from the concept of science, the United Nations Convention on the Law of the Sea is legally binding, and the recommendations given by the Commission should be legally binding. On the other hand, the Commission on the Limits of the Continental Shelf was established in accordance with the conditions and procedures set out in the United Nations Convention on the Law of the Sea and delineated the outer limits of the continental shelf in accordance with the provisions of the Convention. Its recommendations should have legal effect. The limits of the continental shelf delineated by the coastal State on this basis are definitive and binding on the coastal State, but cannot be countered by third parties. On this basis, for the "Japanese demarcation case" that everyone cares about, Prof. Zhang believes that Japan has not adopted the recommendations of the committee and separately introduced domestic legislation to delineate the outer limits of the Okinotori Reef (Chongzhiniao reef) continental shelf and the United Nations Convention on the Law of the Sea. It is against the contrary. However, after the Committee’s recommendations, there is no longer any jurisdiction over the practices of coastal States, and there is currently no specialized agency responsible for supervision. Which subjects have the right to initiate judicial proceedings against Japan? Which organizations or institutions have jurisdiction? What legal channels should be used to protest against Japanese behavior? Prof. Zhang pointed out that the above-mentioned series of issues are closely related to China's national interests and require in-depth study by the academic community.

Prof. Zhang also brought us the latest information on the development of international seabed mining regulations, and raised many legal issues that need to be studied in depth in this field, such as conflicts and solutions for seabed mining and laying submarine cables, and stakeholders. How to define etc. In addition, the recent emergence of marine protected areas, no-fishing areas, forbidden areas, reserved areas, special areas, particularly sensitive sea areas, special environmental concerns, fragile marine ecosystems, sea areas with ecological or biological significance, etc. Prof. Zhang gave explanations and explanations, and analyzed the significance of the above-mentioned regions from the perspective of national strategy. He proposed that the promotion of zone management and protection of the high seas protected areas still faces many legal and legal difficulties, such as the high seas protection zone and the existing industry What is the relationship between the district management tools? How to build and manage? How to monitor, evaluate and review?

After the introduction, the students raised their questions on relevant legal issues, and Prof. Zhang gave detailed answers. For example, for the issue of the revenue sharing mechanism for the development of non-living resources on the outer continental shelf, Prof. Zhang believes that the system stipulated in Article 82 of the United Nations Convention on the Law of the Sea has great difficulty in application. The main reason is that the Commission has not compiled statistics on the development of coastal continental shelf resources. The ability of financial review of income, “payable or in-kind” also has problems in which it should be converted into which currency, how the physical object is received and stored. At the same time, due to the limitations of development technology and cost, it is still a long time for the non-biological natural commercialization of the international seabed area to be realized. At present, the participation of countries in the development of deep-sea resources is mainly from the perspective of national strategy and scientific and technological progress. It is still an important task in the region to strengthen environmental protection. Regarding the issue of the delimitation of the continental shelf between the South China Sea and the South China Sea, Prof. Zhang pointed out that although the continental shelf of the west coast of the Philippines is steep and covered with trenches and troughs, its natural extension is less than 200 nautical miles, according to the United Nations Convention on the Law of the Sea. The provisions of Article 76 shall extend to a distance of 200 nautical miles. At present, the key issue that needs to be paid attention to in the South China Sea is the COC consultation process. The US warships and aircraft continue to invade and provoke my Nansha Island reef. The United States, Japan, and Australia have adopted joint military exercises, cruises, and other diplomatic and military actions in the South China Sea. Taiwan issue, new actions taken by neighboring countries such as Vietnam. Especially for the nature of COC, Prof. Zhang made a special statement. She believes that COC is not a legal document for resolving disputes in the South China Sea, but a document with preventive functions.

Prof. Zhang's lectures are informative and informative, and the practice cases are rich. It brings the latest information in the field of marine law to the teachers and students of our school, and provides a more open and innovative way of thinking in international law.