A Legal Study On The Fishery Disputes Between China And The Philippines

The issue of fishery disputes has always been an important manifestation of the marine rights dispute between the state and the state.China and the Philippines have always had disputes over maritime rights in the waters of the South China Sea.Fisheries disputes between China and the Philippines have been a barrier to the friendly development of relations between them.In the past more than half a century,the arrest of Chinese fishing boats and fishermen by the Philippines has occurred frequently.The lawful rights of the detained fishermen have been illegally infringed by the Philippines.Chinese fishermen have become the direct victims of the Sino-Philippine marine rights dispute.Therefore,it is important to resolve the fishery dispute between China and the Philippines.This paper analyzes the cases in which Chinese fishing boats and fishermen have been detained by the Philippines in the past 30 years and point out the legal issues in the Simo-Philippine fishery disputes.First,China's traditional fishing rights in Philippines's archipelagic water deserve further study.Since the beginning of the 20th century,Taiwanese fishermen have had fishing activities in the current Philippine archipelagic waters.According to United Nations Convention on the Law of the Sea,China has certain traditional fishing rights in Philippines's archipelagic water.Second,the legal basis for the seizure of Chinese fishermen is flawed.In the Philippine legal system,laws and regulations such as the Constitution and the Fishery Code stipulate matters related to the fishing activities of foreign subjects in the Philippine waters.However,there are problems with the scope of application of these laws and the fact that these regulations are not strictly applied in the Philippines.Thirdly,the fishery law enforcement methods used by the Philippines are unreasonable.The Philippines has excessive use of force in fishery law enforcement.Finally,during the period of seizure,the legitimate rights of fishermen were not guaranteed.In view of these legal issues in the Sino-Philippines fishery disputes,this paper proposes measures to protect the legitimate rights of fishermen at the national,social and fishermen levels.At the national level,China should provide consular protection for detained fishermen and conduct negotiations on the fishery law enforcement cooperation traditional fishing rights with the Philippines.At the social level,society should strongly support non-governmental organizations that protect the rights of fishermen.At the level of fishermen,fishermen should strengthen their ability to prevent risks.