Fishery issues and cooperation in the South China Sea : a semi-enclosed sea perspective

Abstract

According to Article 122 and 123 of UNCLOS ‘82, countries bordering enclosed or semi-enclosed seas shall cooperate with each other to conserve and manage fishery resources. The South China Sea, being a semi-enclosed sea, however, is still not bound by any regional agreements which includes all the bordering states to protect the marine living resources, rather the problem of overfishing, illegal fishing and fishery disputes plague this region. All the countries from the South China Sea are developing states and the people depend heavily on fishery resources for their protein intake. The South China Sea is also contested intensely by bordering countries. This study proposes a regional fishery management mechanism to lessen the problems arising from fishery related issues which require urgent attention.

This study begins by looking at the territorial claims and the fishery production and legal frameworks with regard to fisheries. It then addresses the multilateral and bilateral cooperation on these issues. Existing problems in the SCS area is also highlighted. The study analyses cases and draws experience from them. These include cooperation between China and Vietnam in Gulf of Tokin, Jan Mayen Case between Norway and Iceland and the cooperation between Mediterranean States. Finally, a detailed cooperation framework is proposed as the result of the research.

The study proposes that countries bordering the South China Sea set aside disputed territorial claims and develop their fishery resources jointly by adopting a precautionary approach. The study proposes that all the territorial claims and claims of sovereign rights be acknowledged and overlapping areas managed jointly by claiming states. Such cooperation would have no interference with the delimitation in any form.