Navigating the waves of change—Assessing the evolving landscape of China’s revised marine environmental protection law

Abstract

Since its inception in 1982, the Marine Environmental Protection Law (MEPL) has undergone several revisions in 1999, 2013, 2016, and 2017, capping in the inclusive overhaul of 2023. These successive revisions have gradually shaped a robust legal system encompassing the Constitution as the foundational basis, the MEPL as the core regulatory instrument, and several corresponding laws safeguarding specific marine elements as the driving force. The newly revised MEPL 2023, compared to its previous iterations, introduces significant improvements that are largely reflected in strengthening the protection of marine biodiversity conservation, advancing the prevention and control of ship-source marine pollution, optimising the supervision of the marine environment, enhancing the prevention and control of land-based marine pollution, and imposing stricter liabilities. This paper examines how the new MEPL 2023 improves China’s marine environmental protection, and incorporates international best practices within the legal framework. Additionally, the research explores potential areas for further development that provide some implications for policymakers and should have been considered.