Joint law enforcement mechanism with regard to underwater cultural heritage at sea led by China Coast Guard: Legislation and practice

摘要

With the restructuring of the enforcement forces at sea, China Coast Guard has now become the leading force in enforcing laws concerning underwater cultural heritage at sea. This study reviews the legislation on the legal basis for the Coast Guard to exercise the relevant enforcement power, the unlawful activities subject to compulsory measures as well as the compulsory measures to be taken. The very scarce practice is also examined. On the basis of the existing legislation and practice, the current mechanism of enforcement of laws concerning underwater cultural heritage at sea is presented. However, some problems exist with regard to the current legislation and mechanism. The Coast Guard has not been expressly authorized by the Coast Guard Law to exercise the enforcement power with regard to underwater cultural heritage at sea. Provisions concerning jurisdiction over foreign vessels engaged in unlawful or criminal activities against underwater cultural heritage in the EEZ or on the continental shelf of China are contradictory and might be criticized for the potential conflict with the international law. The division of tasks among China Coast Guard agencies is unclear. There is still serious doubt whether the Coast Guard has the capacity to enforce laws with regard to underwater cultural heritage at sea. Possible revisions to the current law enforcement mechanism will be explored. It is suggested that a specialized branch to enforce laws with regard to underwater cultural heritage at sea should be established within the Coast Guard. An improved joint law enforcement mechanism is proposed.