| Summary: | 博士 === 國立臺灣海洋大學 === 海洋法律研究所 === 107 === The global marine fishery resources are facing the most realistic and urgent exhaustion problem, and the international community has taken a lot of efforts in this regard. The latest progress is the ecological governance of marine fishery resources which bases on ecosystem. A lot of international documents have already indicated this proposition—it is the right time for ecological governance of the marine fishery resources. The concept of ecological governance of global marine fishery resources originates from the combination of ecological civilization and ocean governance, and its core legal principle is to ensure intergenerational equity in the ecological environment. And this is the important reason why this article chooses this subject.
With the methods of literature research, historical research and case study, this paper systematically and comprehensively combs concept connotation, historical process and latest development, the content and basic characteristics of international law of ecological governance of marine fishery resources. From the perspective of practice, it summarizes its legal basis, successful experiences and main contributions, and analyzes and summarizes the relevant practical experiences of regional cooperation in combination with typical practice samples, and analyzes the fisheries agreement between China and South Korea by taking this theory and experience into reality.
The first chapter is a review of the research. Through the literature review, it is concluded that the research in this paper can promote the systematic study of the ecological governance of marine fishery resources and put forward a beneficial path to realize it.
The second chapter introduces the four basic concepts of this paper: ocean fishery, ecological civilization, ecological governance and regional cooperation, which lay the conceptual foundation of this paper.
The third chapter defines the core concept of this article and clarifies its jurisprudence. The ecological governance of marine fishery resources means that, under the guidance of the concept of marine ecological governance, the ecological governance and sustainable use of marine fishery resources in the field of transnational or high seas are the objectives of the marine ecosystem. And the whole process of human activities of marine fishery resources is regulated by the scientific cognition of fishery resources ecosystem in order to maintain the ecological diversity of marine fishery resources. Its basic legal principle lies in the environmental equity.
The fourth chapter expounds the evolution of marine fishery resources from resource management to ecological governance. The paper points out the main problems of three kinds of management models, that is, centralized government management, privatization mode and strengthening community participation management model, and clarifies that marine fishery resources have moved towards ecological comprehensive management.
The fifth chapter systematically combs the international law system and the main contents of the ecological governance of marine fishery resources, and holds that a foundation stone of the United Nations Convention on the Law of the Sea has been basically formed at present. It takes FAO and other international fisheries organizations and their series of resolutions as the pillar framework, with sustainable development as the highest goal and IUU as the focus of governance, the basic system of ecological management of marine fishery resources, which emphasizes the cooperation and effectiveness of the enforcement of the fishery law, and taking obligation as the core of system design, is an effective combination of hard law and soft law.
The sixth chapter analyzes the specific legal basis and practical experience of the above-mentioned system. The legal basis of practice mainly comes from the United Nations Convention on the Law of the Sea, the 1995 Fish stocks Agreement, etc. The main subjects of practice in these international law provisions are States, intergovernmental organizations and non-governmental organizations. There are complementary and competing relations between non-state subjects and state subjects. Under the guidance of the above-mentioned norms of international law, these subjects have accumulated some successful practical experiences, including focusing on the construction of an international legal framework for the ecological governance of marine fishery resources, and on the national responsibility of ecological governance of marine fishery resources, and pay more attention to the construction of more effective regional cooperation mechanism and so on. These practices have made important contributions to the management of marine fishery resources by human beings: it has contributed to the development of marine fisheries from resource development to ecological governance, ended the era of free fishing on the high seas, and formed a mechanism of cooperation between governments and non-governments in fisheries.
The seventh chapter discusses the typical samples and experiences of the ecological governance of marine fishery resources, and takes the ideal into reality, taking the representative and typical China-South Korean Fisheries Agreement as an example,which will further expound how to promote the ecological governance cooperation practice. Among the typical examples mentioned above, there are typical examples of bilateral practice, such as the experience of the Icelandic and Norwegian bilateral Fisheries Commission in shelving the joint development of the dispute, and the experience of Russia and Norway in the delimitation dispute and fisheries cooperation in the Barents Sea. There is also a typical sample of multilateral practice, such as the South Pacific island fisheries cooperation experience, which sets out a series of specific governance measures. The experience of fisheries cooperation among Mediterranean coastal countries is an effective framework for fisheries management committees.As for the Agreement on Fisheries between China and South Korea, this chapter fully discusses its four main problems, and puts forward four suggestions for the effective cooperation of fishery ecological governance.
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