International Law Issues Regarding The Fishery Cooperation Between China And Vietnam In Beibu Gulf

The sea is the cradle of life and she gave birth to civilization.The sea has rich natural resources,which is the second frontier for human survival and sustainable development.In the 21st century,all countries in the world are constantly moving towards and using the ocean.So there is no doubt that mastering the sea is mastering the initiative of development.However,excessive exploitation of marine resources has also led to a series of problems,such as marine resource depletion,marine environmental pollution and marine ecological environment destruction.Under such a tendency,the Beibu Gulf,known as the pure land of fishery,is not immune.In recent years,the Beibu Gulf has been suffering a sharp decline in fishery resources due to the excessive fishing intensity.On December 25th of year 2000,Chinese government and Vietnam government signed "The People's Republic of China and the socialist republic of Vietnam" about the boundary between the two countries in the territorial waters,exclusive economic zones and continental shelves of the Beibu Gulf ' and "Agreement on fisheries cooperation between the government of the People's Republic of China and the government of the socialist republic of Vietnam",and they both took effect on June 30th of 2004.Influenced by the effects of the agreements,a large number of fishing boats were forced to leave traditional fishing grounds of Beibu Gulf to the eastern half offshore water,which has put the offshore fishery resources under great challenge.Actually,the fishery resources conservation and management agreement of Beibu Gulf has detailed regulations,but due to the imperfect regulations and implementation problems,the fishery resources of Beibu Gulf have not been well protected.And in the agreements signed by both parties will expire in June 30th of the year of 2019.The two countries seem that are willing to continue to sign bilateral agreements to manage and protect the fishery resources in Beibu Gulf.However,no only on whether the continuation of agreement but take whatever form to continue cooperation,is a big problem.Therefore,I analyzed the international legal instruments that can be applied to the fishery conservation and cooperation in Beibu Gulf,and based on the analysis,I put forward the problems and limitations of the agreements signed by two government,and then put forward some useful suggestions.And I hope this essay can be of benefit to the fishery cooperation and fishery protection between two countries.In the first chapter of the thesis,I mainly talked about the present situation of the fishery cooperation between the two countries in the Beibu Gulf,including the geographical location of the Beibu Gulf,the changing fishery relationship of the two counties and also analyzed the condition of fishery resources in the Beibu Gulf,in order to illustrates the necessity of continuing the fishery cooperation in the Beibu Gulf between two countries.The second chapter analyzes the international law related to the fishery cooperation between China and Vietnam in the Beibu Gulf from the aspect of legal basis and organization.The third chapter of this paper is based on the second chapter.From the legal basis and organizational structure,it analyzes the possible problems in fishery cooperation between the two countries.The first section of the third chapter discusses the limitations of the legal basis.As for multilateral legal documents,first of all,due to the differences in fishery conditions among the various countries in the world,at the same time these multilateral legal documents' limitations themselves,there is doubt on the operability of these documents.Secondly,these legal norms are not only diverse and scattered,but also overlap in functions and functions.The lack of coordination among the rules may lead to conflicts.Moreover,the question of compliance with and enforcement of international law have always been the most difficult part when it comes to international law.So while these documents have also played a positive role,the global fishery data have not been reversed and implementation is not optimistic.As for the bilateral agreements between China and Vietnam.Firstly,the scope of application of the China-Vietnam cooperation agreement is too narrow.Secondly,the regulation of the fishing ban system is not perfect enough.Thirdly,the quota arrangements in the fishery cooperation agreement are not reasonable enough.Fourthly,the cooperation between the two sides lacks information disclosure and feedback mechanism.Fifthly,the regulations related to fishery conservation do not have specific provisions,but are absorbed by the fishing system,which may has great negative effects on the long-term sustainable utilization and conservation of fishery resources.Sixthly,the cooperation bet,ween the two sides lacks relevant provisions for fishermen.The second section of chapter 3 discusses the limitations of related organizations.From the perspective of international fisheries organizations,first of all,various organizations are set in its articles of association for fishery resources,and it is obviously that such organizations can not achieve the goal of maintenance and management in fishery.Secondly,due to the lack of internal and external support and the reluctance of most member states,most fishery organizations have the embarrassing situation that can not be able to perform their functions.From the aspect of the organizations of the bilateral agreement on fishery cooperation between China and Vietnam.,firstly,the bilateral agreement between China and Vietnam established the fishery commission,but it did not well-played.The same problem exists in the supervision and inspection system,which makes law enforcement inefficient.Aiming at the problems raised in the third chapter,the fourth chapter puts forward some Suggestions for improvement.The first section of Chapter Four starts from the perspective of legal basis.In order to improve the effects of the implementation of multi-sided legal documents,first of all,it is important to clarify the legal rank and promote the "soft law hardening".The second is to make full use of dispute settlement procedures.Furthermore,the concept of "obligation standard"should be clarified.In view of the system of China-Vietnam fishery cooperation,the following Suggestions are given in the paper.Firstly,expand the area of bilateral cooperation and expand the area of bilateral cooperation to the whole Beibu Gulf.Second,improve the fishing ban system.Third,improve the fishing quota system.Fourth,increase cooperation mechanisms on information exchange.Fifth,establish a clear and operable fishery conservation system.Sixth,strengthen the cooperation on issues related to the transfer of fishermen.The second section of the fourth chapter puts forward some suggestions from the view of the organizations.From the international fisheries organizations,I think they should be given more power,and they can not allow the ill-matched countries to enter the market,and at the same time strengthen the cooperation and coordination between the international fisheries organizations.From the perspective of the organization of China-Vietnam fishery cooperation,first of all,the establishment of the joint commission on fishery between China and Vietnam should be strengthened,and secondly,the efficiency of law enforcement should be improved.