| Summary: | 碩士 === 東吳大學 === 法律學系 === 101 === Abstract
The freedom of fishing in the high seas is one of the traditional principles of international law of the sea. In the early days, countries around the world have begun to compete to develop fishery economic and trade activities under this principle. The anadromous fishes, with higher economic values, are the ones of the main targets for fishers. Due to their migratory characteristic, it is easily to be found in the high seas.
Before 20th century, the lack of fishing equipment and techniques becomes a protection of anadromous species, so the anadromous species are very rich in the high seas. Not much protection and conservation is required at this time.
However, with the better developed fishing technology after 20th Century under the same policy of fishing freedom in the high seas, now the anadromous fishes is in the danger of extinction due to no recovery period.
The significant reduction of anadromous fishes therefore causes their claims of fishing rights from both of owning countries and capture countries. We can clearly see the conflicts between both sides regarding anadromous species from the United Nations Convention on the Law of the Sea, and also from the agreements and conditions derived from negotiation.
The conflict is officially ended when the completion of United Nations Convention on the Law of the Sea of 1982. With the goal of marine resources conservation, the traditional principle of fishing freedom in the high seas is no longer the most important rule. It is given to owning countries the principal rights of fishing and conservation activities of anadromous species to set up its fishery management program.
Nevertheless, the conservation of anadromous species cannot rely on unilateral efforts of owning countries. It is needed for the cooperation between international organizations and every country to provide overall conservation program of the fish species.
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