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      Legal or illegal? —Transferring jurisdiction in the course of maritime law enforcement

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          Abstract

          In order to safeguard China's existing interests and position in the South China Sea and to protect the peace and stability of the South China Sea region, the article examines the current status of the U.S. Coast Guard's activities in the South China Sea region. Using the method of the literature research and comparative research, it analyses the legal basis of the U.S. Coast Guard's activities in the South China Sea as well as the legality of law enforcement in the disputed waters through “Shiprider Agreement”. This paper argues that the U.S. Coast Guard will further strengthen its presence in the South China Sea by signing a “Shiprider Agreement” with Vietnam and other South China Sea coastal states in order to gain jurisdiction over the so-called “exclusive economic zone” and carry out fisheries enforcement activities. Generally speaking, a country can transfer part of its sovereign rights to an organization or another country in a cooperative relationship in order to maximize its national interests. The United States unilaterally regarded the disputed waters in the South China Sea as “a country's exclusive economic zone” and acquired jurisdiction through the “Shiprider Agreement” in violation of international custom and the rules of international law. In light of the potential U.S. actions in the South China Sea, it is recommended that China sign bilateral treaties with all parties in the South China Sea to facilitate cooperation, and strengthen the means of support of the Coast Guard Law in order to safeguard China's existing interests and positions in the South China Sea and maintain peace and stability in the region.

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          The ‘21st Century Maritime Silk Road Initiative’ and naval diplomacy in China

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            The disappearance of the State Oceanic Administration in China?—Current developments

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              Maritime cooperation and ocean governance: conference report

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                Author and article information

                Contributors
                Journal
                Heliyon
                Heliyon
                Heliyon
                Elsevier
                2405-8440
                10 February 2024
                29 February 2024
                10 February 2024
                : 10
                : 4
                : e26265
                Affiliations
                [a ]School of Law, Dalian Maritime University, Dalian, 116026, China
                [b ]Institute of Yellow Sea and Bohai Studies, Dalian Maritime University, Dalian, 116026, China
                Author notes
                []Corresponding author. School of Law, Dalian Maritime University, Dalian, 116026, China. ycchang@ 123456dlmu.edu.cn
                Article
                S2405-8440(24)02296-5 e26265
                10.1016/j.heliyon.2024.e26265
                10877403
                38379994
                b353544e-90bc-45c8-ba3d-2fecb207450d
                © 2024 The Authors

                This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/).

                History
                : 24 May 2023
                : 5 February 2024
                : 9 February 2024
                Categories
                Research Article

                south china sea,transfer of jurisdiction,shiprider agreement,chinese position,u.s. coast guard

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