Research On The Foreign-related Fisheries Law Enforcement In The Exclusive Economic Zone Of Our Country

The exclusive economic zone (EEZ) which was established in the UnitedNations Convention on the Law of the Sea (the UNCLOS) in1982is a specific legalregime. The EEZ comes from the exclusive fishing zone of the coastal States for thepurpose of protecting the fishery resources along their coast. There are rich living andnon-living resources in the EEZ. These resources bring huge economic benefits to thecoastal States; therefore, the coastal States attach great importance to the lawenforcement in order to protect their sovereign rights and other interests in EEZ.As contracting party to the UNCLOS, China endeavors to accept the UNCLOSdomestically, develops fishing cooperation with neighboring countries, and enforceslaws to foreigners or foreign fishing vessels in the waters under Chinese jurisdictionaccording to the UNCLOS, bilateral fisheries agreements and domestic laws.Compared with the maritime power，the competence of law enforcement in EEZ ofour country is not strong due to the imperfect legal system and weak capacity. For theabove reasons, this paper focuses on the possible problems of law enforcement toforeigners or foreign fishing vessels, and tries to find solutions.This paper is divided into three chapters. Chapter I&II introduce the legal basisand execution of fisheries law enforcement to foreigners or foreign fishing vessels in EEZ. Chapter III analyses the existing problems and raises the countermeasures andsuggestions.Chapter I is the law basis of foreign-related fisheries law enforcement in ChineseEEZ. This chapter describes international and domestic law basis, and studies thedomestic implementation of international treaties in China. The international lawbasis includes customary international laws, international treaties (e.g., the UNCLOS,bilateral fisheries agreements), and international legal documents. The domestic lawbasis mainly refers to the Law on the Exclusive Economic Zones and the ContinentalShelf of the PRC, the Fisheries Law of the PRC, and so on.Chapter II is the execution of foreign-related fisheries law enforcement inChinese EEZ. This chapter analyzes jurisdiction, principles and duties offoreign-related fisheries law enforcement. Territorial jurisdiction based on theUNCLOS and bilateral fisheries agreements is the premise of law enforcement.Principles and duties of foreign-related fisheries law enforcement are extremelyimportant also.Chapter III is the perfection of foreign-related fisheries law enforcement inChinese EEZ. The problems of law basis and law enforcement forces are brieflyintroduced. In view of the problems, the countermeasures and suggestions arediscussed for improving the law enforcement capability in Chinese EEZ.