Strengthen legal constraints to promote sustainable development of fishery resources in the South China Sea
March 03, 2021 09:34 Source: "China Social Sciences" March 3, 2021, Issue 2117, Author: Ding Xiaojun Wang Jing Ding Yuxing

The development and growth of marine fisheries will drive the level of the marine economy of a country。As a marine fishery product, it accounts for more than 12%of the world's South China Sea Fisheries,It is one of the most abundant areas of Shanghai foreign fishery resources in the world。However, what needs to be noted is,Fishery resources in the South China Sea have a certain excessive fishing phenomenon,Related fishery resources sustainable development mechanisms also have relatively lagging problems to a certain extent。These phenomena and problems promote the sustainable development and cooperation between the South China Sea fishery resources,Alone far away。

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Marine fishery resources mainly refer to the animals and plants and marine water vitality of the ocean and the water environment that they live in the water。For the countries around the South China Sea,Sustainable development of fishery resources in the South China Sea、Maintenance cooperation,One aspect,Politics、Economic and ecological environmental protection factors; on the other hand,In view of the "United Nations Convention on Ocean Law" and "Agreement of the United Nations Marine Law Convention on December 10, 1982, the agreement on maintenance and management of cross -border fish population and high -level fish species in the United Nations" International Conventions such as maintenance and management measures "and" Alex of the 21st Century "、Agreement。

These conventions and agreements have three points to summarize: first,Along the coastal countries, bet365 live casino games no matter what kind of economy development and exploration in the exclusive economic zone,,It has obligations to protect and preserve the maintenance and continuous use of marine biological resources。2,Coastal countries,Especially developing countries and economy depend on the development of coastal countries for the development of marine biological resources in its exclusive economic zone,The rights and obligations of other countries should be properly taken into account。third,Related countries should make the most of the spirit of understanding and cooperation to make the actual temporary arrangement,To achieve fair resources for disputed waters、Reasonable and effective development and utilization、Maintenance and Management,Try to avoid harm,and the reach of the obstacle to the final agreement。

 Strengthen the legal constraints of cooperation in the South China Sea Fishery Resources

Similar natural environment in the South China Sea countries,and resource basis、Fishery technology、Economic development level and market complementarity characteristics,It is conducive to promoting the country's surrounding countries in the South China Sea、mutual help、mutually beneficial ways to achieve co -consignment、Co -construction、Sharing South China Sea fishery resources,and promote the smooth and smooth cooperation development of fishery resources in the South China Sea。

Current,The bilateral or multilateral cooperation agreements of fishery resources around the South China Sea mostly appear in a standardized manner,Most do not have legal binding force,So that some cooperation is difficult to achieve substantial effects。For example,In a series of agreements signed by China and Vietnam in the common fishing area of ​​Beibu Gulf,Protecting the cooperation of marine biological resources and fishery resources in the northern Bay Agreement Agreement Settlement Waters bet365 live casino games in the maintenance and continuous utilization of the North Bay Agreement,The construction of the "two corridors and one circle" of China and Vietnam later、The holding of the "Fisheries Industry Exchange Conference" has also further established the foundation for marine fishery cooperation between the two sides。But sometimes there are still phenomena that Vietnamese fishermen conduct irregular operations in the South China Sea,Even individual fishermen will use electric fish、Fried fish and other means to destroy marine ecosystems,Unexpected legal constraints that need to be clear。Of course,The "Declaration Declaration of the South China Sea", "The Framework Agreement on the Comprehensive Economic Cooperation of China and ASEAN" signed by the countries around China and the South China Sea,and "China -Malaysia Fisheries Cooperation Business Forum"、The completion of the "China -ASEAN Free Trade Zone" and other measures,Has been practically explored marine environmental protection、Marine Science Research、Maritime sailing and traffic safety、Cooperation in the fields of trade,It also promoted the use of bilateral countries around the South China Sea in form.、Multilateral cooperation methods to solve the willingness to fishery disputes in the South China Sea。

  The dilemma of the development and utilization of the cooperation and development of the South China Sea Fisheries Resources

In fact,Multilateral cooperation with sustainable development of fishery resources in the South China Sea、International cooperation still faces many obstacles to many factors。In a sense,,Sustainable cooperation in the South China Sea fishery resources is not optimistic enough。

One,The related policies of fishery resources that are isolated and contradictory with each other,Sustainable development of biological resources bet365 live casino games (including fishery resources) may damage the sustainable development of biological resources (including fishery resources),This may also hinder the sustainable development of fishery resources in the South China Sea。Its two,South China Sea Fish Formation has a high degree of cross -regional liquidity、Migration and tour characteristics,Objectively leading to a steady upward trend of the total amount of fishing fishing in the South China Sea。but,Fishing technology in the South China Sea is relatively backward、Improper resources such as the development of the South China Sea area,Forced fishing boats can only be caught in a single fish species in relatively small waters,This leads to a loss of diversity of fishery resources、Destruction of the marine life chain,and the unreasonable structure of the fishery operation area,Une balanced and instability of the fishery ecosystem。The sustainable development of fishery resources in the South China Sea is closely related to the development of the "blue" economy of various countries,Relevant parties can only find solutions accepted by each other,can it be conducive to further development and cooperation in the South China Sea fishery。

  Constructing a cooperation mechanism for effective governance of countries around the South China Sea

First,The rules and consensus jointly reached by countries around the South China Sea are under the new international marine management situation,Make sure to smoothly promote the basis for regulatory cooperation between the South China Sea for sustainable development and cooperation。A valid management mode of the "Chinese and Western Pacific Fisheries Committee" can be used for the effective management mode of the "Chinese and Western Pacific Fisheries Committee",Establish a "South China Sea Fisheries Resources Management Alliance" under the concept of fishery management concept,China has sincerity dominating and promoting the establishment of the alliance。First,The alliance will coordinate the South China Sea fishery arrangement,While emphasizing legal means during operation,More training and publicity and education methods,Bet365 app download It will also emphasize the process and procedures of fishery management more。2,The alliance coordinates South China Sea Resources、Environment、Scientific Research、Service,Including but not limited to the control of fishing、Supervise fishing boat activities、Standardized comprehensive management work such as fishing period and fishing area。third,The alliance is reasonable to use and develop marine fishery resources,Sustainable development of protecting the marine environment and realizing marine fishery resources,Therefore, it can meet the needs of contemporary people,You can leave valuable resources for future generations,It can also achieve the goal of common management。Of course, can the alliance run effectively,Depending on whether the country can transfer some countries to the alliance。

Next,It should regulate and prevent environmental pollution of land and sea with effective and advanced marine science and technology knowledge、Diversity of protecting marine ecosystems、Maintain the healthy development of the marine ecosystem,Then promote the sustainable development of marine resources。The countries around the South China Sea should jointly formulate a series of South China Sea science and technology development mechanisms,Use policy and mechanisms to motivate and guide the development of science and technology to protect the ecological environment of the South China Sea and enhance the competitiveness of the South China Sea in the international marine technology。Of course,The development of technology will also promote the continuous expansion of the field of marine research and the gradual deepening of marine development,The structure of the marine fishery area will continue to be improved and improved。At the same time,Given that the fishery disputes in the South China Sea will still last for a period of time,Defining the status quo that is difficult to achieve to bet365 best casino games a certain extent for the delineation of temporary fishery boundary,The countries around the South China Sea shall build an ecosystem -oriented ecological cycle economic cooperation model,Agreement for cooperation in related regional cooperation in Nanhai,and jointly promote the relevant agreements in the South China Sea countries in the short term。

Last,Based on the sustainable utilization of fishery resources in South China Sea and the balance and stability of the fishery ecosystem,Make sure that the reason for the economic interests of related parties in the process management is the main purpose of the multilateral cooperation between the South China Sea fishery。In essence,,The recovery and maintenance of the South China Sea ecological service function is the prerequisite for the continuous development of ecological resources in the South China Sea,Based on this premise,countries around the South China Sea should follow the principles of sustainable development and the principle of early warning。For this,A complete and scientific network protected areas need to establish a complete and scientific network protection area to reasonably evaluate the South China Sea fishery resources、Rules of Tour、Data statistics and the supervision of fisheries,Finally, to maintain and monitor the sustainable development of the marine environment and marine ecosystem of the South China Sea,As a result, an effective cooperation mechanism。

 (This article is the Ministry of Education's Humanities and Social Science Research Youth Fund Project "Research on the South China Sea Regional Maritime Administrative Law Enforcement Cooperation" (18yjc820013)、Hainan Provincial Social Science Planning Project (HN-SK (JD) 18-02) phased results)

(Author Unit: School of Law and Sociology, Sanya College)

Editor in charge: Chen Jing
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