Study On The Management System Of High Seas Living Resources

The implementation of the United Nations Convention on the Law of the Seahas changed the traditional marine fisheries order and resource allocationpattern. Competition for marine resources, especially the high seas livingresources has become an important area of marine struggle in the new era. Dueto over-exploitation of global inshore fishery resources, the marine livingresources have declined sharply beyond people’s imagination, and greatlyreduced the level of sustainable utilization and their future use. Globalfishery industries are facing problems of over-investment, populationdepletion, catches declining and intensification of resource contention andother issues. The world has entered an era of competing for high seas fisheriesresources. Still, the high seas fishery resources so far lack a comprehensive,mandatory management system. The theory and practice of conservation andmanagement on high seas living resources are becoming hot issues at home andabroad.This article is divided into nine chapters.The first chapter isIntroduction. The last chapter is Conclusion section.The second chapter isan overview of the traditional theory of the management of high seas marineliving resources, a brief introduction of fisheries theory during the WesternMiddle Ages, China’s traditional view of farming the ocean, the Freedom ofthe Seas(mare liberum) formulated by Hugo Grotius, the Closed Sea (mare clausum)claimed by John Shelton, Dominion of the Sea held by Cornelius van Bynkershoekand Mahan’s Sea Power view which has significant impacts on the modern marinethoughts. These theories reflect the source of ideas for modern marine theory.The third chapter is to discuss the impacts of United Nations Conventionon the Law of the Sea. discuss the crisis of high seas fishing in the oldsystem, over-exploitation of fishing capacity with scientific andtechnological progress after World War II, the destruction and decay of marineliving resources due to fishing disorder, coastal states’ claimingsovereignty over adjacent waters by trying to carve up the high seas, and thefirst two meetings for the Law of the Sea by the international community toresolve maritime disputes. This part indicates the upcoming changes oftraditional marine and high seas fishing regime. This section also has briefly introduced the framework of the United Nations Convention on the Law of theSea, highlighted several important principles and systems such as EEZ(Economic Exclusive Zone) influencing management of living marine resources,as well as the profound impact on international marine living resourcesmanagement and conservation system. This part has described the transformingof the ocean view initiated by the Convention which broke up the traditionalconcept of the freedom of the seas.Chapter IV has elaborated the gradual establishment of principles for highseas fishing and resource conservation. After the implementation of theConvention, global fishery resources are utilized in line with the rules ofequal importance of resource conservation, fisheries management and fisheriesdevelopment. International and regional organizations have ensured theconservation and management of international fisheries resources to achievethe objective of eco-environmental health and sustainable use. New agreementsand resolutions by the international or regional communities are alsointroduced, such as Agreement to Promote Compliance with InternationalConservation and Management Measures by Fishing Vessels on the High Seas, Codeof Conduct for Responsible Fisheries, IUU International Plan of Action, andthe United Nations resolution on fighting high seas drifting nets.Chapter V has stated five basic principles of modern conservation andmanagement system for high seas living resources. These groundbreakings areprinciples of the common heritage and the overall interests, equality of rightsand cooperation, scientific conservation and rational use, sustainabledevelopment and ordering, and people-oriented ecosystem. The five cardinalprinciples established are aimed to completely solve the current problems ofhigh seas marine living resources. They’re the basic ideological foundationand core values of the modern management system.Chapter VI is the basic scheme of modern conservation and management systemfor high seas living resources. Though some international measures have beentaken to conserve the high seas living resources after the implementation ofthe Convention, the world still lacks a unified management system withuniversal recognition, covering all kinds of marine living resources. Theworld desperately needs a management system for the joint waters-high seasliving marine resources. The chapter analyzed current practices and problemsof high seas fisheries resources management, explored the feasibility ofestablishing international organizations for managing living marine resources, and built a viable framework of such organizations.Chapter VII has narrated transforming of procedures and enforcementmeasures for the management system. This section has summarizes high seasfisheries management measures after the implementation of the Convention,highlighting the continued expansion of coastal state jurisdiction, portstates’ measures, procedural requirements of IUU Regulations and regulationsof marine fishing products exported to the EU. It’s stressed that some newconvention on the management and conservation of high seas marine livingresources, based on the United Nations Convention on the Law of the Sea, shouldbe set up. To protect the authority, enforceability and mandatory propertiesof the new convention, the Solution Mechanism for Disputes in WTO might beborrowed to completely solve thorny problems in the management andconservation of high seas living resources.The8thchapter presents the trend of high seas fisheries development andsome policy suggestions. The development of international fisheries legalsystem is a strong impetus to high seas fisheries management. Measuresregulating high seas fisheries tend to be more mandatory. It seems thatintegrated management of high seas fisheries is an inevitable trend. Thecontinued strengthening of regional fisheries management is escalating thebirth of entity organizations. High seas fishery management system have beenlooming and high seas fisheries have entered the era of strict management.Policy suggestions on how China actively and properly responds to newchallenges posed by international marine legal system changes have been putforward.Focusing on the management system of high seas living resources, theauthor discussed the development of the management system, put forward someinnovative suggestions, and reviewed theories of fishery resources managementat all times and in all lands. Basic principles for the establishment of newinternational fisheries management organizations are set up. A scientific andfeasible framework for the upcoming international fisheries managementorganizations are attempted to build. Procedures and systems accompanying theoperation of international fisheries management organizations were analyzed.Policy suggestions for the Chinese government are put forward. In addition,the future development of international fisheries especially the high seasfisheries are forecast...