Extraterritorial jurisdiction over transboundary marine pollution: Chinese courts and implications for marine environmental governance

Transboundary marine pollution increasingly challenges traditional jurisdictional boundaries and highlights the growing role of domestic courts in marine environmental governance. This paper analyses the legal foundations of extraterritorial jurisdiction in marine environmental protection. It then explores how Chinese courts may address transboundary marine pollution disputes under the revised Marine Environmental Protection Law of the People's Republic of China (MEPL). The paper argues that the revised MEPL does not establish an entirely new model of extraterritorial jurisdiction but rather further clarifies and strengthens an evolving legal framework for addressing pollution and ecological damage affecting sea areas under Chinese jurisdiction. Meanwhile, Chinese courts face several challenges relating to international legal coordination, transboundary evidence and overlapping jurisdictional claims. The paper further argues that more refined jurisdictional standards, specialised evidentiary mechanisms and stronger international cooperation are necessary to improve the effectiveness and legitimacy of domestic judicial responses to transboundary marine pollution. By examining China's evolving legislative and judicial practice as a case study, the paper contributes to broader discussions concerning the role of domestic courts in supplementing international marine environmental governance and addressing the regulatory limitations of existing frameworks governing transboundary marine pollution.