Legal Issues On The Joint Development Of Fisheries Resources Between China And Its Neighboring Countries

Legal issues related to fisheries resources have been gradually warming in the disputed area between China and its neighboring countries during recent years,which is particularly prominent in the exclusive economic zone.With the advance of the "21st-Century Maritime Silk Road" in "The Belt and Road",legal studies relevant to solving the resource disputes and dealing with the legal issues in joint development effectively has been rising efficiently.The Belt and Road Forum for international Cooperation has convoked in May,considering the current academic study in the changeable situation,how to deal with the legal issues of the fishery resources joint development between China and its neighboring countries still need further discussion under the background of "The Belt and Road".This paper takes the perspective of "21-st Century Maritime Silk Road",and uses the method of Law Economic to discussing the legal issues about joint development of fishery resources between China and its neighbors around the disputed waters.Aspire to providing the solutions to the legal issues during the joint development,it has considered internal and external theories and experience involved.The main body in this paper has discussed these contents specifically.Firstly,it gives a brief introduction to the theory of joint development,Law Economic,and the "21-st Century Maritime Silk Road" respectively,which is the background of the fishery resources joint development between China and its neighboring countries.Secondly,it introduces the actual situation which two countries have carried out their cooperation plan or the prepare to begin their joint development.Based on this,the paper can find the focal legal issue among joint development of fishery resources concluding issues of jurisdiction,bilateral agreements,navigation safety and maritime law-enforcement.Next,it lists several typical external cases that have been cooperated successfully to explore essentials and cores during the cooperation.Finally,it provides several solutions to the typical legal issues in the joint development of fishery resources between China and its neighboring countries from the perspective of "21-st Century Maritime Silk Road ",put forward to giving a positive sum game result.There are two innovations in this paper,one is the innovation of perspective.Through the perspective of "21-st Century Maritime Silk Road",it observes the legal issues and proposes to solve them by using the "open,inclusive,balanced,general preferential" purpose of "The Belt and Road".From this,China and its neighboring countries can carry out their fishery joint development under the premise of opening,execute their jurisdiction in an inclusive attitude,balance the interests of all parties in the procession of development,let all the countries to get their interests generalized preferentially.The other is the innovation of research methods.Through the Law Economics method,it can study the endogenous fishery joint development legal issue endogenous by using comparative advantage theory and theory of game,to defining the fishing rights,making the bilateral agreements and maritime law-enforcement system of all the countries clear.From all of these,the paper aims to providing some effective legal solutions that can be referred to make the fishery resources joint development get the positive sum game result between China and neighboring countries to more easily.