Fisheries Legal Regimes Of The High Seas And Their Impact On China's Fisheries

Nowadays, the inshore fisheries resources of coastal states have mostly been overexploited, and states begin to look for new fishing grounds. Eventually, these states set their sights on the high seas, and send large fishing fleets to the high seas. The excessive fishing capacity has put much more intensive pressure on the fisheries resources of the high seas. The resources therein have gradually been declined. In particular, the biomass of many stocks has decreased sharply, and some are at the edge of being endangered. To enhance the conservation and management of fisheries resources of the high seas, and to achieve the sustainable use of these resources, the international community has negotiated a series of conventions and agreements to this aspect. The thesis will focus on the management requirements of these conventions and agreements relating to high seas fisheries, illustrate the development of these fisheries legal regimes, and analyse their impact on the world fisheries. Based on this effort, the thesis will further look into China's implementation practices in this area, and finally put forward some suggestions for China to adapt to the fisheries legal regimes of the high seas.This thesis consists of three main parts in addition to the introduction and conclusion sections.The first part deals with the development of fisheries legal regimes of the high seas. It starts with the definition of the high seas concept and its legal status in international law. Then the focus will be moved on to the development of fisheries legal regimes for the high seas. In accordance to the evolution of international law, the high seas fisheries legal regimes may be divided into three phases.The second part concerns the management circumstances of high seas fisheries. In this part, the focus will be set on the implementation of the post-LOSC fisheries instruments regulating the high seas. The roles, tasks, and difficulties of Regional Fisheries Management Organizations will also be discussed. Emphasis will be given to their crucial roles in the management on the high seas fisheries. This part will also explore the general tendency of the legal regimes for the high seas fisheries.The third part dwells on the impact of fisheries legal regimes of the high seas. This will be illustrated from two aspects. One is their impact on the world fisheries; the other is on China's fishing industry. The examination on China's implementation practice on fisheries legal regimes of the high seas is to propose the suggestions for China to follow in accordance with the requirements of the high seas regimes.The thesis concludes that the development of fisheries legal regimes of the high seas is by and large a gradual restricting process on the fishing freedom on the high seas. The Chinese government will have to comply with the high seas fisheries legal regimes, actively participate in international marine affairs and Regional Fisheries Management Organizations, and constantly improve its national legislation accordingly. By so doing, China may better respond to the challenges imposed by the fisheries legal regimes of the high seas, to promote the sustainable development of distant water fisheries, and to safeguard its maritime rights and interests.