A Study On The Protection Of Fishermen 's Fishing Rights In The South China Sea

In the modern system of international law of the sea, fishermen’s fishing operations are no longer simply just a personal act, but are given the political overtones as the declaration of a nation’s maritime sovereignty and jurisdiction. The coastal countries in the world regard the living marine resources as an important strategic resource, and have been contesting them. Under the situation of the violation of Chinese fishermen fishing rights, Chinese government should place the protection of fishermen’s fishing rights in the field of international relations, and pay more attention to it.In this paper, the comparative analysis of the references is the main method, with a relatively comprehensive analysis of Chinese fishermen’s fishing rights protection in the South China Sea issues. It is divided into three chapters as following.Introductory part of the paper is mainly an introduction to the background and significance. Due to the special nature of the behavior of fishermen fishing in the international law of the sea regime, and with the violations by nearby countries on Chinese fishermen in South China Sea in recent years, it is necessary and practical to study on the protection of fishermen’s fishing rights.Chapter One is the introduction of the basic situation of fishermen’s fishing rights in the South China Sea. It is through comparative analysis of the different countries involved in the current fishing rights legislation, that the content and nature of the South China Sea fishermen’s fishing rights are cleared. Then the root of being violated and current situation are further analyzed, so that the practical meaning and necessity to protect their rights are summarized.Chapter Two is the brief retrospective analysis of the practice carried out to resolve the disputes. We can learn from the experience of how to deal with the fishery disputes and port Chinese fishermen’s fishing rights in the South China Sea.Chapter Three puts forward the way to protect the rights, on the basis of other countries’successful experience as well as the characteristics of the South China Sea fishing disputes. The protection relies not only on Chinese government’s moves, but also on the fishermen to develop and improve their own competitiveness. In addition, before the deal of delimitation dispute in South China Sea, the root of fishing disputes, is set, transitional arrangements on fishing cooperation in South China Sea can be carried out. The detailed proposals are mentioned here. The last chapter once again stresses that the essence of the violation on Chinese fishermen’s fishing operations in South China Sea by some neighbor countries is an attempt to expand their countries’ fisheries jurisdiction so that they can violate China’s maritime sovereignty. The suggestions put forward in the paper are feasible and practical. However, uncertainties in actual operation should be taken into consideration and may need to adjust and improve the methods.