CMSI Translations

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  CMSI Archive Translation: Drawing up a Maritime Basic Law/ Protecting Maritime Rights and Interests in Accordance with the Law

  Liu Huirong

  Advocating for the establishment of a Maritime Basic Law, this article addresses the structural deficiencies in China’s current maritime legal system, which is fragmented and lacks an authoritative, overarching law. The proposed law should be comprehensive, technical, and international in nature. Its contents should clearly stipulate the country's sphere of jurisdiction over the ocean, protect sovereignty, and establish basic policies to ensure coordination between statutes. The article notes that while the Property Law mentions "maritime space," the fundamental law still lacks a clear definition of the ocean, a gap the Basic Law must remedy.

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  CMSI Archive Translation: From Yan’an to the United Nations: The Diplomatic Career of Ling Qing

  Ling Qing

  This memoir excerpt details the PRC's first participation in international legislation (UNCLOS III) starting in 1973. It describes the strategic diplomatic decisions, such as China's support for the 200 nautical mile Exclusive Economic Zone (EEZ) to oppose maritime hegemony. The author notes that this support was sometimes unconditional and that they later questioned if it fully served China’s interests, particularly concerning the retention of the continental shelf principle, which China upheld. The chapter highlights that UNCLOS achieved a basic agreement on the division of maritime resources without war.

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  CMSI Archive Translation: Grasp the New Features of Escort Missions and Strengthen the Effectiveness of Political Work

  Wang Zhanwu

  This article focuses on strengthening political work during naval escort missions, emphasizing the need for Party leadership and strict discipline in the far seas. Task forces must be focused on war preparation, integrating political plans with contingency plans for handling provocations and harassment. Strict control over internet use is mandated, especially when berthed in Djibouti or transiting straits, to prevent leaks and the posting of inappropriate remarks. Far-seas task forces are directed to conduct exploratory practices in the organization and execution of public opinion warfare, psychological warfare, and legal struggle.

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  CMSI Archive Translation: Hainan Passes Regulation Allowing Detention of Foreign Ships that Illegally Land on Islands Within Its Jurisdiction

  Wu Shengjing

  This report details the implementation of the Hainan Province Coastal Security Regulation, which grants coastal security authorities in Sansha City powers similar to local police departments for inspection and administration. The regulation mandates strengthening patrols in Sansha City waters to enforce the law and defend national sovereignty. It identifies specific prohibited behaviors for foreign vessels within Hainan’s jurisdiction, such as illegally stopping or anchoring while transiting territorial waters, and grants authorities the power to inspect and administer vessels and crews.

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  CMSI Archive Translation: Legal Problems Regarding the Use of Force in Military Actions at Sea

  Lin Tianjie

  This article analyzes the use of force, differentiating between military force (prohibited in principle, allowed in exceptions like self-defense) and law enforcement force (allowed in principle, but strictly regulated). It asserts that actions of a military character, even if disguised as law enforcement (such as in the Diaoyu Islands dispute or against foreign military vessels), should be categorized as military activities to ensure strict regulation of the use of force. Procedures must follow graduated steps: query, warning, warning shots, and actual use of force. Limitations on force must adhere to the principles of necessity, proportionality, and distinction.

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  CMSI Archive Translation: New Thinking on Joint Development and Freedom of Navigation in the South China Sea: Paths for Resolving the South China Sea Dispute Based on International Law

  Luo Guoqiang

  This paper evaluates China's long-standing policy of "putting disputes aside, engaging in joint development" in the South China Sea, noting its slow progress internationally and proposing that resolution should primarily rely on boundary agreements or legal adjudication. The article addresses concerns that China’s claim of "historical rights" threatens freedom of navigation. It argues that China only demands sovereignty over the islands and jurisdiction over resources within the dashed line, not territorial sovereignty over the entire area. The author contends that China's claims are less restrictive than the actions of other countries that exploit UNCLOS to carve up maritime space.

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  CMSI Archive Translation: On the Legality of Applying Straight Baselines to China’s Mid-Ocean Archipelagos A Perspective from Customary International Law

  Zhang Hua

  This article provides a legal basis for applying straight baselines to China’s mid-ocean archipelagos (Paracels and Diaoyu Islands), arguing that it is justified by customary international law rather than analogy with UNCLOS Articles 7 or 47. The practice, supported by multiple states, constitutes a "sui generis" straight baseline. The author argues that the legality of these baselines depends on the islands constituting a legal "unit". Critiques from the US that rely on UNCLOS’s restrictive water-to-land ratios and maximum lengths are invalid because these limitations do not apply to sui generis baselines derived from customary law.

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  CMSI Archive Translation: Philippines Violates Declaration on the Conduct of Parties in the South China Sea

  Feng Liang

  This article criticizes the Philippines for unilaterally pushing for international arbitration regarding the South China Sea, arguing that this action violates the spirit of the Declaration on the Conduct of Parties (DOC). The DOC stipulates that territorial disputes should be resolved through "friendly consultations and negotiations by sovereign states directly concerned," which clearly excludes third-party interference like arbitration. The core issue is sovereignty over islands within China’s nine-dash line. The article asserts that the arbitration court lacks the right to adjudicate, especially since China made exclusionary claims in 2006 under UNCLOS Article 298 regarding territorial ownership and historical possession.

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  CMSI Archive Translation: PRC Coast Guard Law (Draft)

  Standing Committee of the National People’s Congress

  This draft legislation defines the China Coast Guard Bureau (CCGB) as an important maritime armed force and the unified state administrative law enforcement body responsible for safeguarding national sovereignty and maritime rights and interests. It grants the CCGB comprehensive law enforcement duties, including security, customs, and environmental protection. Key powers include the authority to take measures such as detention, forcible eviction, or forcible towing of foreign vessels illegally entering China's internal waters or territorial sea. The draft explicitly authorizes the CCGB to use weapons to stop unlawful infringements and permits the forcible dismantling of foreign-constructed buildings or structures.

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  CMSI Archive Translation: Research on Civil Wharfs Construction Implementing Maritime Strategic Projection Requirements

  Wang Xin

  This research focuses on ensuring civil wharves meet the requirements for maritime strategic projection, especially for loading heavy military equipment in wartime. The facilities must meet stringent standards, including those for protection and emergency repair (e.g., underground command posts). A standards system framework, including technical and management standards, is necessary to legislate clear powers and obligations. The article advocates for moving the implementation mode from mandatory mobilization to contractual mobilization, learning from foreign models that use legal contracts to clarify rights and responsibilities.

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  CMSI Archive Translation: Research on Legal Issues Related to Security and Defense of China’s Overseas Military Bases

  Zou Ligang and Wang Zhangping

  This research addresses the legal issues concerning the security and defense of China’s overseas military support bases, such as the one in Djibouti, which are crucial for achieving "far seas protection". It explores the legal basis for exercising jurisdiction, noting that the host state cedes sovereignty via international agreements. The paper specifically examines foreign reconnaissance near the base by military frogmen or surveillance aircraft, concluding that such acts match the constituent elements of espionage behavior under PRC laws like the Criminal Law and Anti-Espionage Law. Improving international agreements to clearly define jurisdiction over criminal acts against the base is recommended.

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  CMSI Archive Translation: Research on Requirements and Measures in Civilian Vessel Mobilization for Maritime Rights Protection

  Dai Jiachen and Geng Yueting

  This paper analyzes the need for mobilizing China's vast civilian vessel fleet for maritime rights protection, stressing that civilian forces are required to confront foreign vessels "on an equal footing" and compensate for inadequacies in official law enforcement capacity. Key legal challenges include the high degree of privatization and organizational deficiencies, rendering the traditional executive order mode ineffective. The article calls for urgently improving the legal system by formulating specialized mobilization laws, such as a Civilian Vessel Mobilization Law (《民用船只动员法》) or a Merchant Vessel Law (《商船法》).

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  CMSI Archive Translation: Summary of the Workshop on “The Current Legal Struggle for Rights and Interests in the South China Sea

  Sun Jianzhong

  This summary reports on a workshop concerning the legal struggle over South China Sea rights, covering China's land reclamation (deemed legitimate but not altering legal status) and the arbitration case. Experts discussed the relationship between the nine dashed line and historic rights, noting that UNCLOS has not fully assimilated (expelled) the historic rights concept. A significant viewpoint stressed that the nine dashed line is a state asset inherited by the PRC government from the Republic of China. The article also notes the potential for the arbitration case to encourage lawsuits against China over ecological harm caused by island and reef construction.

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  CMSI Archive Translation: Tasks and Operations of the Maritime Militia When Participating in Maritime Combat

  Liu Zili and Chen Qingsong

  This paper outlines the missions of the maritime militia in front-line maritime combat, which are vital given the complex maritime security situation. The militia's functions include conducting maritime guerrilla warfare, such as reconnaissance, early warning, creating obstacles (e.g., sea mines and fishing nets), and capturing enemy personnel. A key directive is organizing and executing "Three Warfares" missions at sea (public opinion warfare, psychological warfare, and legal warfare), which supports combat operations by engaging in legal conflict and undermining enemy morale.

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  CMSI Archive Translation: The Provisional Constitution of Seapower: China’s Participation in UNCLOS Negotiations from Beginning to End

  Shan Xu

  This report covers China's involvement in the nine-year UNCLOS III negotiations, which was China’s first important international multilateral negotiation after regaining its UN seat. Key outcomes included the establishment of 200nm EEZs, which China had strongly supported but later realized posed a dilemma regarding resource sharing in semi-enclosed seas like the East China Sea and Yellow Sea. The article notes that the resulting vagueness in UNCLOS wording allows parties to interpret articles beneficially. China maintained its declaration that foreign naval vessels require prior permission for innocent passage through territorial waters, and it has consistently refused to accept the jurisdiction of the International Tribunal for the Law of the Sea.

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  CMSI Archive Translation: The UNCLOS Conferences and China’s Safeguarding of Its Maritime Rights and Interests

  Guo Yuan

  This article examines China's consistent views and positions during the UNCLOS conferences regarding territorial seas, EEZs, and continental shelves, noting that these positions reflected Chinese maritime law practice and the developing world's desire to expand rights. It highlights China’s 1958 Statement on Territorial Waters establishing a 12nm territorial sea over all Chinese islands, including Xisha and Nansha. China maintained that foreign naval vessels must obtain prior permission or notification before transiting through territorial waters, a position reaffirmed by China upon ratification of UNCLOS in 1996. The paper also details China’s struggle to assert sovereignty over disputed areas, citing diplomatic statements rebuking foreign violations in the East China Sea and South China Sea.

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  CMSI Archive Translation: Thoughts on Advancing Ocean Defense Construction Work in the New Situation

  Wu Jianhong, Huang Chunyu, and Liu Changlong

  This paper analyzes the challenges facing China’s ocean defense construction, identifying systemic issues like overlapping administrative functions, fragmented management, and the lack of a comprehensive legal framework. A major bottleneck is the absence of an authoritative, foundational Ocean Defense Law to guide specific legislation. Existing laws, such as the PRC Law on the Territorial Sea and Contiguous Zone and the PRC Law on the EEZ and Continental Shelf, suffer from unclear implementation responsibilities and lack explicit judicial procedures for punishing foreign violations. The article calls for accelerating the issuance of a comprehensive Ocean Defense Law to resolve these deficiencies.

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  CMSI Archive Translation: Strategic Strongpoints along the “Belt and Road” and Building Military Diplomacy

  Liu Lin [刘琳}

  This article examines the strategic rationale for China’s construction of overseas strongpoints in support of the Belt and Road Initiative, emphasizing the integration of economic, political, and military resources. It argues that strategic strongpoints—such as the naval logistics base in Djibouti—enhance China’s ability to safeguard overseas interests, secure trade and energy routes, and support non-combat operations like anti-piracy, disaster relief, and evacuations. Military diplomacy is highlighted as a critical tool for consolidating these strongpoints, fostering bilateral trust, and managing regional security perceptions without pursuing hegemony. The article underscores the importance of careful host-country selection, civil-military coordination, and sensitivity to reactions from other great powers, offering actionable insights for policymakers seeking to balance China’s overseas strategic objectives with broader diplomatic and security considerations.

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  CMSI Archive Translation: "One Belt, One Road" and Grand Border Defense

  Hau Anghao [侯昂好]

  This article examines China’s “One Belt, One Road” (OBOR) strategy as a framework for integrating economic expansion with a reconceptualized approach to border and maritime defense, termed “grand border defense.” The author argues that OBOR requires China to transition from inward-looking security and defense postures toward outward-oriented, cooperative strategies that blend military, political, and diplomatic efforts. Grand border defense serves as both a protective and enabling mechanism, supporting the strategic connectivity of land and maritime routes while addressing emerging non-traditional security threats such as terrorism, transnational crime, and environmental risks. Policymakers should recognize OBOR as a dual-purpose initiative: advancing China’s economic and geopolitical influence while transforming its defense posture into a proactive, integrated system that reinforces national power and stability in peripheral regions and along critical sea lanes.

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  CMSI Archive Translation: A Summary of Chinese Research on the Construction of the 21st Century Maritime Silk Road

  Tan S. Yao [谭瑶]

  This article surveys Chinese scholarship on the construction of the 21st Century Maritime Silk Road, analyzing its strategic, economic, and geopolitical significance. It highlights China’s efforts to strengthen regional economic integration, develop coastal and port cities, and expand maritime trade networks while navigating external pressures from major powers. The study identifies key challenges, including geopolitical competition, uneven development along the route, and non-traditional security threats. It also reviews policy recommendations, such as enhancing infrastructure, fostering regional supply chains, and promoting political trust between states. The article concludes by noting gaps in the literature, emphasizing the need for empirical analysis, sector-specific studies, and expanded research on regions beyond Southeast Asia, offering actionable insights for policymakers and strategists engaged in maritime development and regional cooperation.

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  CMSI Archive Translation: Making and Breaking the Status Quo: China’s Overseas Strategic Support Points

  Hu Zhongjian [胡中建]

  This article analyzes China’s emerging strategy for establishing overseas strategic support points to safeguard its expanding economic, energy, and security interests. Through case studies of Gwadar (Pakistan), Djibouti, Darwin (Australia), and Kota Kinabalu (Malaysia), the authors highlight China’s approach of low-profile, mutually beneficial engagement rather than overt militarization. The study underscores the strategic importance of these locations for protecting sea lines of communication, supporting naval operations, and enabling China’s “Going Out” strategy in trade, influence, and military presence. The authors argue that China’s overseas support points reflect a deliberate, long-term strategy balancing national ambitions, host-country sensitivities, and external geopolitical pressures, particularly from the U.S. and regional competitors. Policymakers should recognize China’s expansion as incremental, strategically selective, and framed to minimize confrontation while maximizing influence.

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  CMSI Archive Translation: Chinese Sea Power Expansion and the State of Sea Power in the Indian Ocean

  Li Jian [李剑 ]

  The article analyzes the strategic competition between China and India in the Indian Ocean, where both powers seek to expand sea power and secure critical chokepoints such as the Malacca Strait. It argues that China’s naval modernization and maritime presence challenge India’s traditional dominance and intersect with U.S. interests in maintaining regional stability. The author highlights that control of sea lanes and access to bases will shape future power balances, making maritime security in the Indian Ocean central to broader questions of hegemony and great-power rivalry.

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  CMSI Archive Translation: “Marching West,” the Rebalance of China’s Geo-Strategy

  Wang Jisi [王缉思]

  Wang Jisi argues that China should adopt a “Marching West” strategy to balance against the U.S. “pivot to Asia” and avoid zero-sum rivalry in East Asia. By deepening economic, political, and security engagement with Central Asia, South Asia, and the Middle East, China can secure energy routes, expand markets, and strengthen regional influence while contributing to stability. The strategy emphasizes building a New Silk Road, enhancing multilateral cooperation through mechanisms like the Shanghai Cooperation Organization, and cultivating expertise on western regions. While offering opportunities for strategic maneuvering and U.S.–China cooperation, the approach carries risks of instability, regional rivalries, and perceptions of resource exploitation. Wang stresses careful long-term planning, diplomatic balance, and investment in regional knowledge to ensure success.

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  CMSI Archive Translation: National Maritime Strategy Founded on Seapower Theory

  Liu Yang [刘洋]

  This article applies Alfred Thayer Mahan’s seapower theory to China’s maritime strategy, stressing far seas training, overseas bases, and cultivating seapower consciousness among the masses. It argues that China must shift from a “low profile” approach to “positive action,” stabilize a long-term maritime strategy, and openly declare its core interests. The author identifies securing the South China Sea, achieving influence over Southeast Asia, and protecting maritime energy routes to the Indian Ocean as essential objectives for sustaining China’s rise as a maritime power.