The Dispute Resolution of Fishing Jurisdiction between Mainland China and Its Surrounding Countries

• Main Authors: Fang-Chieh Chang, 張芳傑
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/59978189669655647246

碩士 === 國立中正大學 === 法律所 === 95 === Mainland China has signed numerous fishery agreements with its adjacent countries such as Japan, South Korea, Vietnam and Indonesia forming the basis to solve the issues like fishing problems, fishing conflicts and ownership of the natural resources among their disputing sea areas. Moreover, this fishery agreement is a temporary measure, which also has an important connotation before delimitating their explicit water areas. According to the United Nations Convention on the Law of the Sea 1982(UNCLOS 1982), coastal states can generate “provisional arrangements” to be the transition measures before forming the bilateral delimitation agreements in order to partition exclusive economic zone (EEZ) or continental shelf in the disputing sea areas. From the relevant content of the fishery agreements, it can be found that the discussing fishing problems between Mainland China and adjacent countries mainly deal with issues of EEZ or continental shelf. Thus, the fishery agreements that have been signed should have the meaning of the “provisional arrangements”. That is to say the “provisional arrangements” has its priority in all discussions then those countries should construct the demarcation agreement (or treaty) between their sea areas depends on the appropriate time. Additionally, the first and also the only demarcation agreement that Mainland China builds with the neighboring countries is the one endorsing with Vietnam called “the Demarcation Agreement on Beibu Gulf”. They not only established the fishery and demarcation agreement for Beibu Gulf but their fishing and boundary problems also been solved after the formation of this agreement. . Taiwan is an island country. It is so naturally contiguous to various countries with the sea and having the variety of fishery quarrel and boundary conflict in the surrounding water areas. Thus, those fishery agreements that Mainland China made with its surrounding countries and “Demarcation agreement in Beibu Gulf” may have a high significance for Taiwan when it comes the time to treat relevant fishing or boundary problems with its neighbors. Diaoyutai islands( Japanese calls it “Senkaku Gunto” and Western countries prefers “Pinnacle islands”), has being a touchy issue among Taiwan, Mainland China and Japan for its long arguing sovereign rights since 1970’s. From then, the fights that Taiwanese fishing vessels accused by Japanese authority which they claim Taiwanese vessels had invaded their territory happened quite often. As such, this kind of arguments usually made the staff and vessels impounded by Japanese authority. Even though Taiwan and Japan had gone through many fishing negotiations in terms of the disputing water areas which also touched the possession of sovereign rights of Diaoyutai, but it never reached any consensus for the Diaoyutai’s sovereign rights because both countries had strong belief that the islands only belongs to itself. Thus, the talks on the sovereign issues often been postponed and still can not find a comprised answer till now. As for the suggestion, two countries can use what Mainland China did with other countries which dealt with the fishing problems in prior to the boarder issues as the approach to solve the fishing problems in the surrounding sea areas of Diaoyutai with the proper negotiations. As the result, Taiwan and Japan can defer the sovereign issue of Diaoyutai and just discuss the fishery issues for getting better chance to achieve the consensus as the ultimate remedy for the governments and fishers on the both sides.