President of Guangzhou Maritime Court Chen Chao: Studying and Implementing Xi Jinping Thought on the Rule of Law and Improving the Quality of Foreign-Related Maritime Trial

Updated:2022-08-31 Views:2429

General Secretary Xi Jinping's concepts of coordinating domestic and foreign-related rule of law, promoting domestic and global governance, and building a community with a shared future for mankind are of great significance to advancing foreign-related maritime trials. Being committed to significant national strategies, including marine power enhancement, Belt and Road Initiative, and Guangdong-Hong Kong-Macao Greater Bay Area (GBA), the Guangzhou Maritime Court (GZMC) supports the efforts to build Shenzhen into the Pilot Demonstration Area of Socialism with Chinese Characteristics and Hengqin and Qianhai Cooperation Zones. GZMC has been implementing Xi Jinping Thought on the Rule of Law in foreign-related maritime trials in an effort to enhance its judicial influence and provide maritime judicial protection for a higher level of opening-up.

I. Safeguard Judicial Sovereignty

As General Secretary Xi Jinping pointed out, "China must be good at exerting the rule of law while opening up and engaging in international affairs as a responsible big power. In the face of international conflicts, we must use laws as a weapon, claim the legal high ground, and dare to oppose saboteurs and disruptors." Maritime jurisdiction is a matter of national judicial sovereignty, which tolerates no ambiguity. Moreover, foreign-related maritime trial is a matter of national judicial authority and dignity, which must be defended with resolution and approached with no concessions. Always keeping in mind the big picture as well as national interests and judicial sovereignty, GZMC faithfully performs its constitutional duties and actively and properly exercises jurisdiction over maritime judicial affairs. For example, it has defined the personal injury compensation case regarding South China Sea Coral Island Area as a domestic case, putting an end to all the hype and bringing it to trial under domestic laws. This served to demonstrate national sovereignty and indicated that China could effectively exercise jurisdiction over all cases in the area. In the trial of the "Cassos" cargo damage dispute, GZMC defended China's jurisdiction and the legitimate interests of Chinese enterprises with an anti-anti-suit injunction.

II. Promote Reforms of International Maritime Judicial Rules

General Secretary Xi stressed that "during the critical period of global governance system transformation, we have to actively participate in international rule-making and be a participant, promoter and leader of global governance changes." Taking advantage of its location in the GBA, GZMC devotes extra efforts to the trial of selected typical cases that may involve the interpretation, modification and improvement of international maritime judicial rules, to express China's stance, make China's voice heard and create new international rules for maritime trials. For example, in the trial of the "Archangelos Gabriel" salvage case, GZMC interpreted the purposes and relevant provisions of International Convention on Salvage 1989 and determined applicable laws of commissioned salvage and the criteria for salvage remuneration. This practice was an innovation, improving relevant international maritime rules. In the trial of the YangMing Hope case of delivery of cargo without production of original bills of lading, GZMC established carriers' obligation of reasonably and prudently reviewing order B/L at the delivery of goods, and regulated the international practice of delivering goods upon the receipt of B/L advocated by carriers. This has offered a reference for similar international maritime cases and guaranteed control over exports of shippers, especially foreign trade firms in developing countries.

III. Equally Protect Chinese and Foreign Parties

As General Secretary Xi pointed out, "the essence of law lies in its implementation, and it is the responsibility of all countries to uphold the international rule of law, exercise their rights in accordance with law and fulfill their obligations in good faith. The essence of law also lies in fairness and justice, and national and international judicial institutions should ensure the equal and uniform application of international laws, with no double standards, no deliberate choice of favorable provisions, and no biases." Judicial authorities should adhere to their obligations under the international treaties they signed, fully respect the customs and practices of international transactions, protect the legitimate rights and interests of Chinese and foreign parties in accordance with law, and create a market-oriented, law-based, and internationalized business environment. In judicial trials, GZMC sticks to the idea of equal protection, complies with international maritime rules, selects expert jurors from Hong Kong SAR and Macao SAR on a pilot basis and lets them participate in the trial of major complex cases involving Hong Kong SAR, Macao SAR, and Taiwan Province, as well as some foreign-related cases. For instance, in the trial of the "Voyager" vessel mortgage dispute, GZMC was widely praised by the international shipping community for accurately applying the law of the flag state, i.e. the Bahamas Merchant Shipping Act, setting out standards of evidence and ensuring a fair judgment. In the trial of the "Zhenhe" vessel collision dispute, GZMC won an international reputation for finding that the Chinese vessel, which had started the main engine but was drifting awaiting berth, was not a "vessel not under command" or a "vessel restricted in her ability to maneuver" in the International Regulations for Preventing Collisions at Sea 1972, and that both parties were at fault and shall assume their respective responsibilities.

IV. Provide China's Judicial Protection for a Marine Community with a Shared Future

As required by General Secretary Xi, "we should take good care of sea as we take good care of our own lives", "attach great importance to building marine ecological civilization", and "leave a blue sea and blue sky for future generations". China has rich marine resources, so does Guangdong Province, where the eco-environmental security of Pearl River Estuary and South China Sea has profound implications for national marine development strategy, people's health and lives, and the sustainability of marine economy, which receives widespread international attention. As a court specializing in trying cases where marine environmental damage is involved, GZMC hears every such case in a strict and fair manner, providing strong judicial support for marine environmental protection. In the trial of the "Minghui 8" collision case, GZMC ordered the shipowner to compensate for the cost of compulsory cargo oil removal in response to the shipowner's failure to remove oil in time to prevent pollution as instructed by the Maritime Safety Administration. This serves as an example for other shipping enterprises to protect the marine eco-environment. As for the "Athena" marine eco-environment damage case, the sister ship of "Athena" was seized to save money and time for vessel salvage and prevent severe pollution at sea. In the trial of the "Xiachang" ship fuel leak cases, GZMC guided hundreds of fishers in suing for damages, helped the victims of marine environment pollution to defend their rights by preserving evidence and sorting out the key points through court sessions, and pushed for a package of solutions that safeguarded people's core interests. In addition, GZMC has been hearing pro bono cases on marine ecosystem and environment in which the People's Procuratorate serves as the supporting prosecutor, and exploring the establishment of a punitive compensation system for such cases. This provides useful reference for enriching and improving the judicial protection mechanism for marine environment.

V. Share China's Maritime Judicial Stories

General Secretary Xi emphasized that "international communications need to be improved by innovating the publicity philosophy and mechanism and gathering more resources." In consistence with his instructions, GZMC has been strengthening international maritime communications, and using innovative ways to globally communicate the rule of law, such as creating websites and holding forums on maritime rule of law, to make China's voice and stories in this field heard by the international community in a practical, accessible and convincing way. In 1998, GZMC took the lead in setting up its web portal, becoming the first court in China with a professional website for trials; in 2012, it launched its English website and began to offer live streams of hearings of typical and influential foreign-related maritime cases in both Chinese and English; in 2021, it took charge of building the Chinese and English websites of "China Maritime Trial" under the direction of the Supreme People's Court and High People's Court of Guangdong Province. Since the launch of "The Voice of Judge" program in 2015, GZMC has recorded its young judges explaining classic maritime cases in English every quarter and won the excellent event award entitled "Who Shall Enforce the Law, Who Shall Popularize Knowledge of the Law" in 2019 for national organs of Guangdong Province. Its Guangzhou Maritime Court Report on Trials 2019 in Chinese, English and Portuguese and public video courses in English enabled it to gain the award of "Top Ten Typical Cases of International Communication of China's Rule of Law" in 2020. In 2018, GZMC and the Law School of Dalian Maritime University co-organized the 11th East Asia Maritime Law Forum between China, Japan and South Korea to enhance the communication of China's international maritime rule of law; from 2018 to 2021, the Guangzhou Maritime Law Forum has been held for four years and become the highest-level academic event in South China with a national reputation and international influence.

VI. Implement the Idea of Building a Community with a Shared Future for Mankind

General Secretary Xi proposed that "we should uphold the belief of building a community with a shared future for mankind", "resolutely safeguard the lives and health of the Chinese people and peoples of other countries, and devote ourselves to protecting global public health security." Under this belief, China has provided assistance as best it can to many nations around the world while effectively controlling COVID-19, a pandemic unseen in a century. GZMC has also implemented this belief in hearing maritime cases with respect to the protection of the legitimate rights and interests of foreign crew members during the pandemic. In the Greek ship "Angel Power" auction case, for example, 15 Greek and Filipino crew members on board were abandoned and did not get paid by the shipowner, and thus they were trapped at sea for a long time due to the pandemic – after ship management was given up, supplies were depleted and the generator failed. In response to this humanitarian crisis, GZMC offered third-party safety trusteeship services while guiding the foreign crew members to file lawsuits. It also provided cross-border litigation services with online video witnessing, and helped urge the flag state government to fulfill its fundamental responsibility of repatriating sailors under the Maritime Labor Convention 2006. After more than four months' efforts of GZMC, the 15 trapped foreign crew members were eventually sent home. At the 108th session of the International Maritime Organization Legal Committee in 2021, the Greek delegation expressed their gratitude for GZMC's impartial handling of cases amid the pandemic and Chinese government's protection over the legitimate rights and interests of abandoned crew members through a linkage mechanism.

VII. Build a Professional Foreign-related Maritime Trial Team

General Secretary Xi pointed out that "law-based governance in all respects is a systemic project, of which legal talent cultivation is an essential part", and that "legal talent cultivation and the continuous emergence of legal talents are the prerequisites for improving law-based governance in all respects." The high-quality development of foreign-related maritime trials is built on competent judicial personnel specialized in this area. Foreign-related maritime cases are international, highly professional, complex in legal relations, difficult to handle, and have wide implications for society, which requires judges to have a strong sense of political responsibility, deep expertise in policies and foreign-related laws, and rich trial experience. GZMC highly values the cultivation of professionals in foreign-related maritime trials. By leveraging the two academic exchange platforms, i.e., the International Maritime Justice (Guangzhou) Base of No.4 Civil Division of the Supreme People's Court and Guangzhou International Shipping Judicial Research Center, GZMC has been engaging in active interactions and exchanges in the frontiers of international maritime justice and training legal teams in various forms. For example, GZMC has invited the Dean of the Southampton Law School to share knowledge about international maritime justice in an academic exchange, and sent young and middle-aged judges abroad to attend academic seminars, develop their international perspective, and enhance their foreign-related judicial capability. It has created a legal English study group dedicated to legal case explanation in English, aiming to train legal staff in legal English, trial skills, maritime practice, international trade rules, etc. It also encourages legal staff to publish papers introducing China's maritime judicial work in English legal journals to improve their English literacy of maritime justice. Through a variety of measures, GZMC is building a cross-disciplinary, application-oriented and internationalized foreign-related maritime trial team, with a firm political stance, international vision, and expertise in international maritime law and shipping practices. (Authored by the 4th National Trial Expert, President and Secretary of the Party Secretary of GZMC)