Is China Responsible for Its Maritime Militia's Internationally Wrongful Acts? The Attribution of the Conduct of a Parastatal Entity to the State

Abstract

China's maritime militia groups have attracted much scholarly attention in recent years. Systematically funded and trained by the Chinese authorities, the militia groups help advance China's maritime claims but risk both intended and unintended physical clashes at sea. Based on the 2001 Articles on Responsibility of States for Internationally Wrongful Acts, this study explores the possibility of establishing and recognizing China's state responsibility in relation to the internationally wrongful conduct of its maritime militia. China's maritime militia groups blur the line between fishing boats and naval forces. In essence, they are empowered to perform the critical function of the Chinese government as provided by Chinese internal laws. As shown by emerging evidence, China's maritime militia groups are also instructed, directed, and/or controlled by the Chinese state organs including military authority and party leadership, both central and local. This study finds that the conduct of Chinese maritime militia constitutes the breach of China's international obligations in terms of (1) due regard for other states, (2) maritime safety, (3) marine environment protection and preservation, and/or (4) the overfishing ban.