An International Law Analysis Of The Fishery Disputes Between China And The Costal Neighbors

In the yellow sea, east China sea and the south China sea, there are eightcountries around China from north to south, with opposite or adjacent coasts.They areNorth Korea, South Korea, Japan, the Philippines, Brunei, Malaysia, Indonesia,Vietnam. The fishery resources are very rich in these seas. However, fishery disputesoccur frequently between China and costal neighbors. This paper is divided into fourparts in addition to the introduction and conclusion as follow:PartⅠ: analysis the present situation of the fishery disputes between China andits coastal neighbors. The fishery resource is an important guarantee to the nationaleconomy and people’s livelihood. The frequent fishery disputes have an import impacton Chinese coastal fishermen’s living and the development of Chinese fishery.Part Ⅱ: explores the causes of fishery disputes on the basis of analyzing thepresent situation of fishery disputes. While the scramble for resources caused fisherydisputes, the Marine Law of United Nations has an important impact on it. And thefishery disputes are even more complicated when intertwined with the territorialsovereignty disputes. On the one hand, high-handed policy from coastal neighbors hasintensified the contradictions in some extent; on the other hand, the domestic factorscauses can not be ignored either.Part Ⅲ: states that the key problem to the fishery disputes lies in theoverlapping of sea areas. Before the boundary division finished, China have signedfishery agreements of China-Japan, China-South Korea and China-North Korea tomake actual interim arrangements for fishery activities. China and Vietnam had alsoconcluded fishery agreement on the basis of the maritime demarcation.Such relevantfishery agreements play an import role for defining fishing rights and alleviatingfishery disputes, but they have also became one of the factors that triggering fisheriesdisputes.Part Ⅳ: puts forward some solutions on the basis of the research on the causesof fishery disputes, combining with evaluation of fishery agreements. The priorityissue is that fishermen should be released rapidly. We should make full use of therapid release procedures and consular protection to protect the legitimate interests ofChinese fishermen. It is difficult to finish the maritime delimitation in a short period. However, we can use related fishery agreements to promote regional fisheriescooperation. It is regarded as one way to a peaceful settlement of the fisheries dispute.On the other hand, it is imperative to strengthen enforcement of forces on sea andcombining fishery protection with defending sovereignty. In addition, to optimize themanagement of our marine fisheries, and increasing support to fisheries productionalso has an important role in efforts to prevent and defuse the fishery disputes.