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Advance in Law
ISSN Print:2707-1499
ISSN Online:2707-1502
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Coordination Rules for Conflicts Among Multiple Interests in ThreeDimensional and Layered Use of Sea Areas
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Information:
School of Law, Dalian Maritime University, Dalian, China
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Keywords:
Three-Dimensional and Layered Use of Sea Areas; Multiple Interests; Conflict Coordination; Compatible Sea Use; Principle of Proportionality
- Abstract: Three-dimensional and layered allocation permits multiple uses within the same horizontal sea-area boundary, but spatial overlap, functional interference, and substantive conflicts of legally protected interests are not equivalent. Chinese law regulates sea-area use, navigation, fisheries, and ecological protection separately, yet lacks a common trigger for coordination, a sequential review framework, and an interface among approval procedures. This article distinguishes among sea-area property rights, permit-based and resource-use interests, and legally protected public interests, and proposes giving priority to compatible use, with exclusive adjustment only as an exception. Decision-makers should review the legal basis and protection level of each claim, mandatory safety and ecological rules, three-dimensional compatibility and cumulative impact, necessity and less restrictive alternatives, proportionality and legitimate expectation, and allocation of compensation losses. Differentiated rules should apply to conflicts between safety and development, among development activities, and between ecological interests and development. These standards should be incorporated into sea-area-use demonstrations and supported by parallel interdepartmental consultation, stakeholder participation, reasongiving, risk-triggered review, and differentiated remedies.
- DOI: 10.35534/al.0803010 (registering DOI)
- Cite: Zheng, Y. (2026). Coordination Rules for Conflicts Among Multiple Interests in Three-Dimensional and Layered Use of Sea Areas. Advance in Law, 8(3), 127-144.
