Font Size: a A A

The Research Of Quotas System In Regional Fisheries Organizations

Posted on:2013-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:X X LiuFull Text:PDF
GTID:2246330377952147Subject:International Law
Abstract/Summary:PDF Full Text Request
Overfishing and environmental pollution contribute to the decline infishery resources. Traditional management means seem helpless in face ofthe current difficulties. Against such a backdrop, a fishery quota systemhas come into being. This system, based on the maximum sustainableproduction of fishery resources, is an output management mode that putsrestrictions on fishing amounts. It has now become an internationalconsensus and made great progress in terms of international laws, amongwhich regional fishery association treaties and resources conservationconvention are core law documents for implementing the quota systemaround the world. For the sake of resolving disputes and conservingresources, regional fishery associations develop rapidly. However, thedevelopment of anything is full of setbacks and difficulties. Regionalfishery associations encounter many problems. This dissertation centersaround the above issues, analyzes necessity and feasibility throughdetailed description of the regional fishery association quota system,points out its problems and puts forward countermeasures.It is divided into five chapters.Chapter One focuses on the background of quota system.Overfishing leads to severe decline in fishery resources. At the same time,environmental pollution intensifies resource crisis. Traditionalmanagement means are helpless. Humans begin to adopt newmanagement concepts, taking more efforts and considerations in fishingamounts. The quota system emerges as the times require.Chapter Two is about the contents and legal features of the quotasystem. This system, based on the maximum sustainable production offishery resources, is an output management mode that puts restrictions onfishing amounts. It has now become an international consensus and madegreat progress in international laws. Its development can be divided intothree phases, i.e. issuing of the United Nations Convention on the Law ofthe Sea, post-UNCLOS era, and post-convention era.Chapter Three certifies and analyzes components of the quotasystem from the perspective of regional associations. The system consistsof four parts, i.e. TAC, quota amount, quota transaction and quota supervision.Chapter Four makes in-depth analyses on necessity and feasibility ofregional associations implementing the quota system. First of all,international cooperation is the only way for fishery management. Butglobal conventions are excessively abstract of principles. As known to all,fishery resources bear distinct regional features. Its inborn characteristicsrequire coordinated local resource management by regional associations,improving the system feasibility and efficiency by resolving problemsaccording to their situations. Secondly, the intention of regionalassociation is to protect and conserve fishery resources, and theirresponsibilities can cope with implementation of the quota system.Thirdly, previous collaboration and practice years also provide abundantexperience in this regard. The above factors lay a solid foundation, interms of both theory and practice, for regional implementation of quotasystem.Chapter Five analyzes problems in the process of regionalassociations implementing the quota system and proposescountermeasures. The first problem is caused by TAC assessment thatdeviates from the reality. Accordingly, it needs principles that aresystematic, informative, foreseeable, and feasible when determiningreasonable TAC. The second problem is caused by disagreement amongmember states on the quota. Accordingly, it needs strict abidance ofprinciples that measure one’s rights by one’s performance of duties,accurate understanding of common conservation obligations that differ insome way, optimizing dispute resolution system to determine the finalquota allocation. All the three problems are due to negligence insupervision. Thus, relevant legislation is needed, so is strengthenedinternational cooperation, use of economic tools and crack-down onillegal fishing. All in all, the core guideline for resolving problems is torespect objective laws, uphold fair and reasonable management concepts,analyze problems according to their situations, and resolve relevantproblems by legal and administrative means.
Keywords/Search Tags:fishery quota system, regional fishery association, contents, components, countermeasures and advice
PDF Full Text Request
Related items