China Coast Guard Law and Its Implication

Welcome to the Global Governance Perspective, a podcast presented by the Global Governance Institution. I am Andy TIAN, a retired Captain from China, the Founder and President of the Global Governance Institution. In this episode, we will share a presentation by Captain TIAN on the newly released China’s Coast Guard Law. The presentation was delivered on a workshop on Maritime Security Governance: The Role of Security Actors in East Asia, which was hosted by the Asia-Pacific Unit of the DCAF, the Geneva Centre for Security Sector Governance. 

The new China Coast Guard law was passed on January 22nd, 2021, and came into force on February 1st 2021. Although a seemingly same standard operating procedure as with any other Chinese national legislation, the release of the new CCG law raised many concerns among neighboring countries who have maritime disputes with China and as well maritime powers who have interests in this region. Those concerns include, inter alia:

• Did China enact such a law to institutionally consolidate its “assertive/aggressive” approach in handling maritime disputes with its neighbors? 
• Since the CCG is incorporated into the People’s Armed Police, which is under the leadership of the Central Military Committee, whether the CCG vessels have turned into warships? Would the New CCG law empower the Chinese Coast Guard to use actual ‘military force’ against foreign vessels?
• Will CCG enforce law in disputed maritime areas, including through use of force? Whether China will push or expand its claims on disputed islands or maritime areas through forcible law enforcement actions carried out by the CCG, which is now under military command?

To answer those and other concerns surrounding the new China Coast Guard law, please tune in to this episode of Global Governance Perspective given by retired Captain TIAN.

Timeline

00:50 Introduction and Concerns of the China Coast Guard

02:44 Timing and Incentive to Enact New CCG Law

11:10 Incorporation of CCG into Military Command and its Legal State

16:42 Legal Categorization of Forcible Actions at Sea Law Enforcement vs. Use of Force

24:35 Scope of Application and Enforcing Jurisdiction against Foreign Vessels in Disputed Waters

31:31 Enforcing Jurisdiction over Non-sovereign Immune Vessels and Observance of International Obligations

36:44 Conclusion

41:00 Q&A Time for Captain TIAN (by Professor Jay Tarriela, Professor Kentaro Furuya and Commander Sato Koki)

Background music: Behind the Sword - Alexander Nakarada

Editor: Jiang Lin