The Participation of Foreign Businesses in the Salvage of Sunken Vessels and Articles in China's Coastal Waters: A Legal Analysis

Ting-Zhong Fu

《中国海洋法学评论》 16期 (2012/12) Pp. 32-49

並列摘要

Similar to salvage at sea, the salvage of sunken vessels and articles is a particular form of maritime activity. Over a long period of time, China adopted an exclusive model for the salvage of sunken vessels and articles in its coastal waters, namely that such salvage could only be carried out by ships flying the national flag of the People's Republic of China (PRC). Along with the implementation of the basic state policy of reform and ”opening-up” , especially beginning in the 1990s, China has started to introduce foreign capital and advanced technologies into marine salvage. The promulgation of the Measures Governing the Participation of Foreign Businesses in the Salvage of Sunken Vessels and Articles in China's Coastal Waters (hereinafter the ”Measures”) in 1992 indicated that the door had been opened for cooperation between China and foreign countries in the field of rescue and salvage in the coastal waters of China.Starting with the relevant regulations of Chinese authorities, this paper analyzes the legal issues concerning the participation of foreign businesses (including businesses of Hong Kong, Macao and Taiwan) in the salvage of sunken vessels and articles. The purpose of writing the paper is to promote the salvage of sunken vessels and articles in areas under Chinese national jurisdiction by a coalition of inland and overseas forces within the legal framework. This includes cooperation with the forces of Hong Kong, Macao and Taiwan in carrying out salvage projects in the South China Sea in an effort to jointly declare Chinese sovereignty and maintain the fundamental interests of the Chinese nation for the realization of mutual and common benefits.

並列關鍵字

Foreign businesses ； Salvage of sunken vessels and articles ； Contractual mode ； Cooperative mode