The Study On The Construction Of The Cooperation Mechanism On The Fishery Resources Conservation In The South China Sea

Because of that the South China Sea is semi-closed seas, the fishery resources once beendamaged is difficult to get replenished from other sea areas. It is especially important forsurrounding countries to conserve the fishery resources. Only through the cooperation of thesurrounding countries can build the conservation cooperation mechanism of the South ChinaSea fishery resources. Although the sovereignty dispute and maritime demarcation have notyet been resolved, surrounding countries come to realize the seriousness of the problem.Cooperation in the South China Sea low sensitive areas is an important aspect of conservationcooperation, which not only contributes to the sustainable development of fisheries resources,but also could help to break the impasse in the South China Sea. Therefore, the furtherresearch on conservation of fishery resources in the South China Sea cooperation mechanismwill provide theoretical proposals for the establishment of bilateral agreements withneighboring countries, and a reference for the Improvement and revise of the legal system offisheries and the fisheries quota system.The paper is divided into five parts.Part One: this part will explain why the South China Sea fishery resources conservationmechanisms should be built. It mainly elaborates three aspects which are fish stocks, fisheriesresearch and technology and fisheries enforcement, Then it discusses the significance ofbuilding fishery resources conservation mechanisms. Conservation of fishery resources in theSouth China Sea cooperation belongs to low sensitive areas, which is conducive to thesurrounding countries trust-building and helpful to pacify the region. Compared with oil andgas resources, the conservation of fishery resources has prominent advantages.Part Two: this part presents the foundation of the conservation of fishery resources in theSouth China Sea. According to the force of law in descending order, we discussed form thefirst section United Nations Convention on the Law of the Sea to the fourth sectionJohannesburg Declaration and its Action Plan.Part Three: this part analyses the principles of cooperation in the South China Sea fisheryresources conservation. First of all, as for the ecological balance and sustainable developmentof fishery perspectives, the paper proposes the precautionary principle and the principles ofsustainable development, and demonstrates its necessity in the application of South China Seafishery resources conservation cooperation. The regional cooperation principle stresses that regional cooperation should be launched, and the scope should be confined to the surroundingcountries. Marine power outside the region should not join this cooperation. The last one isabout the principle of putting aside disputes, compared with the high sensitive areas such asoil and gas resources, it analyzes the feasibility of cooperation in the field of fisheriesconservation.Part Four: This part is central section of this article. It presents the main research areas ofcooperation in the South China Sea fishery resources conservation. To establish cooperationmechanism, firstly, it has to determine the scope of cooperation in the region. By comparingvarious academic views, we have the conclusions that regional cooperation should include theentire South China Sea, and focus on the Spratly Islands. Then, Through the comparativestudy of the experience of fisheries cooperation with China-related organizations and similarregional fisheries conservation organization, I draw a lot of reference and inspiration.Specifically, the paper proposes to establish the conservation of fishery resources in the SouthChina Sea Cooperation Council. And the paper put forward the main purpose, theorganizational structure and job content of the Commission. It creatively proposes that thecommission should consist of the secretariat, research institutions, law enforcement agenciesand institutions Spratly Islands. Futhermore, Cooperation in fisheries research areas shouldinclude gather and assess information and the implementation of control measures forfisheries. Finally, in view of IUU fishing practices, fisheries regulation should be strengthenedand the proposals should be put forward on the basis of experience borrowing from regulatorymeasures of each regional fisheries organization.Part Five: this part documents the act of our country in the cooperation of fisheryresources conservation mechanism from domestic and international respects. The first sectionintroduces the practice of fisheries cooperation between China and the neighboring countries.Then it analyzes the deficiencies that exist in practice and proposes the solution frominternational respect. The second section puts forward several proposals on the inadequatefisheries laws, and countermeasures on how to implement fishing quota system whichregulated in the Fisheries Act.