The International Law On Marine Fishery Resource

As the main food human can get from the sea, the marine fishery resource hasbeen the focus of the fight among nations from the ancient Rome, which caused thegeneration of the regulation on marine fishery resource by international laws.hearrangement and specification of the entry right of marine fishery resources and other nationalmanagement and protection actions in respect of the marine fishery resources has came truethrough a series of international legal system. Considering the different characteristics ofvarious fishery resources and the changing practices, the conventions and agreementsreached after the United Nations Convention on the Law of the Sea (the UNCLOS)have made supplement and perfection based on framework in the UNCLOS, as thereflection of the maturing international law regulation on marine fishery resource. Atthe beginning, with the limited human ability to exploit the marine fishery resource,the conflict of interests among countries was the main contradiction in respect of themarine fishery resource consequently the relative international laws were mainlycommitted to regulate the resource allocation among countries. With the rapidexploitation of marine fishery resource, the primary challenges has changed to thediscordant between the growing demand for marine fishery resource by human andthe sustainable development of the resource. Therefore the international law began toemphasize the responsibility to protect the marine fishery resource by specifyinginternational subjects with definite responsibilities, and its regulation aimed forseeking balance between the human demand and the resource sustainabledevelopment.With reference to the structure of UNCOLS, in this article marine fisheryresources are divided into three classifications: the fishery resource in ExclusiveEconomic Zone (EEZ), the fishery resource in high sea and the migratory fish fishery resource. Then author elaborated and analyzed the specific conventions andagreements for these three parts fishery resource to make an inquiry on the marinefishery resource international law regulation.This dissertation consists of four chapters.Chapter one is the obligation core of international law regulation on the marinefishery resource. The obligation core means law provisions lay particular stress onobligations by setting certain subjects with several obligations. International lawsregulation on the marine fishery resource mainly relies on the obligation arrangementsfor countries and other international law subjects. Marine fishery resourceinternational law’s emphasizing on obligations was based on sufficient theoreticalsupport. The principle of common interests of the word decided the inevitability ofobligation core and the limited theory decided the necessity of it.Chapter two is the international law on the fishery resource in exclusiveeconomic zone (EEZ). The general path of international law regulation on the fisheryresource in EEZ is summarized firstly, then, the author introduced the legal status ofEEZ and then analyzed the rights and obligations of coastal states. Lastly, this chapterpointed out the problem in the poor performance of coastal states in the maintenanceof fishery resource in EEZ.Chapter three is the international law on the fishery resource in high sea. Thischapter summed up the general path of the international law regulation on the fisheryresource in high sea. Then by briefly introducing the establishment of the freedom offishing on high seas principle and its restriction, the author expounded the specificsubjects and rights and obligations regulations of the conservation system,cooperation system and law enforcement and flag control system in international rulesgoverning the high sea fishery resource. Lastly, the author pointed out the defect inpractice that the costal states expanded their power to the high sea adverse tointernational cooperation.Chapter four is the international law regulation on the migratory fish stocks.Following the introduction about the characters of various migratory fish stocks, theauthor analyzed the conventional regulations on the migratory fish stocks and thenevaluated the related international legal system on the migratory fish stocks and theweakness in its execution.