| The ocean fisheries has been the main approach for humans to obtain food since the ancient. It is thought that the sea was inexhaustible for its infinity , freedom and prodigality. Many people hold the opinion of the freedom of the seas and stand for the freedom of navigation and fishing on the Seas based on the above understanding. The most representative of them is Hugo Grotius who maintained the freedom of the seas in his book on the freedom of the seas. His views was accepted by international community and it was established as a basic principle in the customary international law.However, The marine fishing resource has come to crisis and has created a series of problems such as the marine ecosystem, the peace of international community since the rapid growth of the demands for marine fishing resource and the rapid progress of the technology of fishing. Thereof it is of practical significance for re-examining the marine fishing principle of the customary international law. For these reasons a consensus on the management and limitation of the high seas has been reached and which has brought into practice in the international community. The illustrations are the Emergence of Regional fisheries management organizations, and the Signing of a series of international conventions and regional fisheries agreements and multilateral treaties, and the introduction of the management objectives, management measures related to fisheries. All of these will be of great significance for releasing the international fisheries crisis, and maintaining the balance of the marine ecosystem as well as implementing the purpose for governing the fishing on the high seas.However, as far as the current status of high seas fisheries management is concerned, it is still not favorably considered. The main problem is the high seas fisheries management which is still mainly domestic jurisdiction, and the effects of management should depended on the good faith and integrity of countries. It is difficult to ensure the fairness and consistency of fisheries management and enforcement since the international organizations are still lack enough authority, a unified legislative bodies and the strong executive body. Moreover, the international community also failed to really establish the equivalence in respect of the distribution of rights and obligations of the high seas fisheries so that many countries tend to paid special attention on the fishing rights and neglected its obligations on fisheries management and conservations which result in a unjust condition that big country enjoy too much right and bear little obligations whereas the small country is inverse. Finally, there are also some practical problems should be resolved which are related to the NGO and individual's qualification of the subject of action, to the overlapping jurisdiction between the international court and the international marine court on the judicial approach for solving the dispute of fisheries management. For the above-mentioned problem, the paper put forward some pointed opinions through analyzed the causes of them based on general analysis on the international fisheries management mechanism (including legislative mechanisms and enforcement mechanisms), and the integration of theoretical analysis and empirical research, so as to provide a way and References for perfecting the legal system and to contribute a little to carry out the goal of the high seas fisheries management. Meanwhile, the paper also pointed out the challenges that China's marine fisheries may faced, and put forward corresponding countermeasures to help China establish a image of a big and responsible country on fishing.The full paper is of more than 30,000 words which is divided into four parts, and each part reads as follows:Firstly, partâ… cleared the scope of the high seas and then defined the concept of the fisheries of the high seas, and elaborated the contents and confirmed the subjects and objects of the high seas fisheries. Secondly, it clarified the concept of high seas fisheries management, and discussed issues on the subjects, goals, criterion and regulations as well as specific measures of the fisheries management, and stated the main content of it.Partâ…¡intent to analyze the necessity and basis for management and restrictions of fisheries on the high seas. This part expounded and proved the necessity of the high seas fisheries management on theoretical and practical aspects, and proved the urgency of restrictions for the high seas fishing through the analysis on the resource scarcity theory, the economic benefits of fishing theory and international law on the theory of fairness and justice, as well as the reality ecological crisis of the fisheries and the frequency of international fisheries disputes. Subsequently, it expounded the validity for the high seas fisheries management. Finally, it confirmed the legitimacy for the high seas fisheries management based on related international legal documents such as UNCLOS.Partâ…¢mainly analyzed the status and concrete measures of the fisheries management of the high seas. For the status of the fisheries management in the high seas, the part elaborated mainly on the following two aspects that are the management mechanism and management principles. On the management mechanism, it expounded the domestic mechanism and international mechanism from the legislation and specific management system. As to the present principles of the high seas fisheries management, it focused on the precautionary principle, the non-discrimination principle and the principle of international cooperation. As for the Specific management measures, it elaborated from four aspects respectively is the data collection and the stock assessment, the formulation management goal, fishing boat's admittance, management and catch limits, as well as control of fishing gear and marine protected open areas.Partâ…£focused on existing problems of the high seas fisheries management and Corresponding countermeasures, and given a prediction on the trend of the high seas fisheries management. As for the questions such as the difference between domestic management measures and international management measures, the distribution of marine fishery resources, and the law enforcement as well as fisheries management disputes, this part have made a further research, identified the causes and put forward a strategy to solve the problems based on it so as to perfect the fisheries management system. Finally, it pointed the trends that the high seas fisheries management will be internationalized and regionalized and the future of high seas fisheries management will enter a time of overall management. |
