Theory and Practice of Three-dimensional Layered Rights Management of Sea Area Use Right

Abstract

With the economic and social development, the demand for sea use in coastal areas continues to rise, and relying solely on the previous planar sea area use can no longer meet the needs of realistic demand for sea use. It is also difficult to avoid the phenomenon of cross-sea use and overlapping sea use in the process of sea area utilization. The current research on the right to use the sea focuses on its legal nature, market mechanism and the theory of layered definition, and lacks the research on three-dimensional layered establishment of the right to use the sea from the perspective of actual cases. This paper analyzes the necessity and feasibility of the three-dimensional layered right of use of the maritime area and the establishment of the three-dimensional layered right of use, and combines the case study of Wenzhou Taihan 550 MW fishing and light complementary project in Zhejiang Province and the practice of ecological seawall in Yueqing City. The case study shows that the three-dimensional hierarchical establishment of the right to use the sea plays a key role in determining the three-dimensional ownership boundary and spatial location of the sea use activities, as well as in clearly positioning the main body of sea use. In addition, this method can also promote the refinement and re-layering of sea space, which can help to solve the disputes over the ownership of sea area and improve the three-dimensional refinement level of sea area management.

Keywords

• right to use the sea area
• three-dimensional stratification of the sea area
• three-dimensional tenure
• overlapping sea use
• sea use demand