XUE Guifang
1896
1920
1987
2006
Fisheries in the South China Sea: Seeking for Ways Towards Regional Cooperation?
XUE Guifang (Julia)
KoGuan Law School Shanghai Jiao Tong University
1896
Presentation Outline I. The South China Sea (SCS) and its Fisheries Resources II. Challenges Presenting the SCS Fisheries Management III. Obligations to Promote Fisheries Cooperation IV. Institutional Efforts for Regional Cooperation V. Concluding Remarks: the Way towards Sustainable Fisheries
1920
1987
2006
1896
1920
1987
2006
I. The SCS and Fisheries Resources • Extends across tropical and semi-tropical zones with typical monsoon climate • A large and complex marine ecosystem and an abundant variety of resource • Hosts over 1,000 species and over 200 are of economic value • Important fish stocks and high economic value group including pelagic and demersal species found in all shelf and reef-islet areas.
1896
I. The SCS and Fisheries Resources The greatest species diversity and a high degree of stocks intermixing. Generally, small demersal, pelagic and intermediate predators are the most important groups of fish found in the area. Major pelagic fisheries include jacks, mullets, herrings, sardines, anchovies, tuna, scads, mackerels, sharks, rays, squids, and cuttlefishes.
1920
1987
2006
1896
I. The SCS and Fisheries Resources A remarkable amount of biological ecosystem: over 30% of the world's coral reefs and valuable fisheries.
Contribute approximately 5 million tonnes to the world annual catch. Contain abundant natural resources: migratory species and transboundary stocks.
1920
1987
2006
The shared and transboundary nature of the stocks necessitates cooperation between the states bordering the seas; Due to a whole set of challenges, the coastal states face difficulties in managing their fisheries. The region has been suffering from ongoing depletion of marine resources and adversely affected ecosystem. 1896
1920
1987
2006
1896
II. Challenges Presenting the SCS Fisheries Facing severe territorial disputes with several states compete to some of the insular features; Undetermined jurisdictional boudnaries undermined national management efforts and frustrated regional cooperative initiatives; Such a difficult situation makes it really tough to find a conclusive answer.
1920
1987
2006
1896
Intensified Territorial Disputes
1920
1987
2006
1896
1920
1987
II. Challenges Presenting the SCS Fisheries Political climate: With disputed sovereignty claims over islands, sovereign rights over natural resources, and political mistrust, it is difficult to reach any multilateral initiatives.
2006
1896
Building up Military Powers
1920
1987
2006
1896
II. Challenges Presenting the SCS Fisheries Under a stage of tangled national intentions and interests, the region is also facing the expansion of indiscriminate Nontraditional security threats; Long historical background with confrontational structure mixed with higher and higher expectations on oceans as the source of energy, resources, and food security.
1920
1987
2006
1896
1920
1987
2006
1896
1920
1987
II. Challenges Presenting the SCS Fisheries The intensified competition for fisheries resources has seen a rise in the number of disputes, mixed with overlapping territorial and boundary claims, have resulted in numerous clashes among fishermen themselves, and between fishermen of one state and maritime forces of another. These clashes often result in the loss of property and livies, as a consequence, the SCS has become a site of tension and potential conflict, which has made access to SCS waters somewhat dangerous and problematic.
2006
1896
1920
1987
2006
Population Pressures World Population, 1950-2008, with Projections to 2050
Dense populations and their undermined food production
12 11 10 Earth Policy Institute - www.earth-policy.org
9
Large families trap people in poverty
Billions
8 7 6 5 4
insufficient lively supplies
3 2 1950
1970
1990
2010 Source: UNPop
2030
2050
Sea Level Rise and Ocean Acidification 1896
1920
IPCC Fourth Assessment Key Findings
1987
2006
1896
1920
1987
2006
1896
1920
II. Challenges Presenting the SCS Fisheries Sunanda Creagh, "Coral Triangle at risk from climate change", JAKARTA, Wed May 13, 2009 30% from warming of sea waters, yet, 70% of the coral damge resulted from irresponsible human activities.
http://www.reuters.com/article/2009/05/13/us-indonesia-coralreefs-idUSTRE54C00C20090513
1987
2006
1896
1920
1987
III. Obligations in Promoting Fisheries Cooperation Based on maritime feature and international regulations, the SCS states are obligated to cooperate on the conservation of the resources; It is also of great interest to themselves to manage the resourcesa in sustainable manner, as fisheries is an improtant source of protein, with vital social economic role in generating jobs and foreign currency.
Yet, not much attention has been paid to fisheires cooperation, and the presen approach to fisheries in the disputed areas give rise to friction and tention.
2006
1896
1920
1987
III. Obligations in Promoting Fisheries Cooperation With the development of fishing industries, and being the most“Troubled Waters”since 1970s, the SCS facing problems of overexploitation of fisheries resources, and degradation of the marine environment. To combat Illegal, unreported, and unregulated (IUU) fishing
Excessive fishing capacity contributes substantially to overfishing, the degradation of marine ecosystems, the breakdown of food chains, the decline of food production, and significant economic waste.
2006
1896
1920
1987
III. Obligations Promoting Fisheries Cooperation
United Nations Convention on the Law of the Sea (UNCLOS): A common framework for all the states to line up and to look at fisheries challenges presenting the SCS
2006
1896
1920
1987
UNCLOS Obligations Article 123 States bordering an enclosed or semi-enclosed sea should co-operate with each other in the exercise of their rights and in the performance of their duties under this Convention. To this end they shall endeavour, directly or through an appropriate regional organisation:
• living resources of the sea; • protection and preservation of the marine environment; • scientific research policies and undertake where appropriate joint programmes of scientific research in the area; • to invite, as appropriate, other interested states or international organizations to co-operate
2006
1896
1920
1987
UNCLOS Obligation on Migratory stocks Artcle. 63.1 Regarding the same stock or associated species occur within the EEZ of two or more coastal states, these states “shall seek to agree upon the measures necessary to coordinate and ensure the conservation and development of such stocks.”
2006
1896
1920
1987
UNCLOS’s provisions are complemented by: FAO Compliance Agreement Flag State jurisdiction UN Fish Stocks Agreement (Adopted 4 August 1995, Put in force 11 Dec. 2001, 82 ratifications (20 Jan 2014) Flag State jurisdiction A State party which is a member of a RFMO or RFMA can board and inspect ships of parties that are non-members of the RFMO or RFMA Port State measures (inspection of documents, fishing gear and catch and in certain cases prohibition of landings and transshipments) 1995 FAO Code of Conduct for Responsible Fisheries 2001 Reykjavik Declaration on Responsible Fisheries in the Marine Ecosystem other "soft laws" providing guidelines for fisheries cooperation
2006
1896
1920
1987
IV. Institutional Efforts for Regional Cooperation No functioning regional management fishing organization, but a number of Fishery-related Regional Organizations: •
Southeast Asian Fishery Development Center (SEAFDEC)
•
Asia-Pacific Fishery Commission (APFIC)
•
UNEP Regional Seas Programme: Coordinating Body on the Seas of East Asia (COBSEA)
•
APEC Ocean and Fisheries Working Group
•
Partnerships in Environmental Management for the Seas of East Asia (PEMSEA)
•
The International Center for Living Aquatic Resources Management (ICLARM)
•
Informal Workshop on Managing Potential Conflicts in the South China Sea (the SCS Workshop Process)
2006
1896
1920
1987
2006
1896
1920
1987
The South China Sea Workshop Process: Technical Working Groups Marine Scientific Research Marine Environmental Protection Safety of Navigation and Communication Resource Assessment and Means of Development
Legal Matters
2006
1896
1920
1987
IV. Institutional Efforts for Regional Cooperation ASEAN and its Subordinating Groups Environmental Working Groups of the ASEAN 1. Seas and Marine Environment (Brunei) 2. Environmental Economics (Indonesia) 3. Nature Conservation (Malaysia) 4. Environmental management (Philippines) 5. Transboundary Pollution (Singapore) 6. Environmental Information (Thailand)
2006
1896
1920
1987
V. Concluding Remarks: Do We Need Sustainable Fisheries?
Repository for valuable natural resources
A distinctive ecosystem and a remarkable amount of biological diversity with different species of organisms. The resources are under constant threat due to the insufficent cooperative incentives and management capacities.
2006
1896
1920
1987
V. Concluding Remarks: Can We Achieve the Goal without Regional Cooperation? The industry and fishermen are put to the testing ground for somewhat hostile state relations. The present sitation encourntering the SCS undoubtedly have the potentials to in-stabilize the regional peace and security.
The challenge of sustainable fiseheries cooperation is no longer an individual undertaking of single nation, but a coordinated and concerted response.
2006
1896
1920
1987
2006
IV. Concluding Remarks: What is Needed towards Cooperation?
An escalating pressure to create a regional cooperative mechanism, at least to provide a platform to discuss regularly and continuously the resource issues and enforcement concerns. Genuine and conserted regional efforts need to be incorporated to deal with issues in common and transcending national boundaries. Resolving of low-profile issues may lay down foundation or pave the way for the final settlement of high-profile ones such as territorial disputes.
1896
1920
1987
V. Concluding Remarks: What Can We Do? Ratification of /accession to relevant int'l conventions Effective implementation of the existing int'l and regional initiatives Effective and cooperative law enforcement to avoid at sea conflicts Take good experiences of different models of joint development Harmonisation of national laws and policies on fisheries management Exchanging information on marine living resources......
2006
1896
1920
1987
V. Concluding Remarks: Where Shall We Start? Political will is the key to the establishment of cooperative management mechanisms. Bearing in mind the "semi-enclosed" status of the seas as per Art. 123 etc. of the UNCLOS on related issues. States have to commit fully to their responsibilities in addressing these issues: • To develop dialogues and cooperation throughout the region, • To adopt new and effective measures for the participation of additional countries; • To strengthen the leading role of the ASEAN; and • All possible and practical means to achieve fisheries cooperation ……
2006
1896
1920
1987
2006
V. Concluding Remarks: What is the ASEAN's Role? •All of the SCS claimants are parties to the UNCLOS, except Chinese Taibei. •All of the member States of ASEAN are Parties to the UNCLOS, except Cambodia. •To play functional role in the fisheries initiatives •To implement the relevant parts of the regional arrangements including the Declaration on Conduct of Parties in the South China Sea (DOC)
1896
1920
1987
2006
1920
1987
2006
Fisheries in the South China Sea: Seeking for Ways Towards Regional Cooperation?
XUE Guifang (Julia)
KoGuan Law School Shanghai Jiao Tong University
1896
Presentation Outline I. The South China Sea (SCS) and its Fisheries Resources II. Challenges Presenting the SCS Fisheries Management III. Obligations to Promote Fisheries Cooperation IV. Institutional Efforts for Regional Cooperation V. Concluding Remarks: the Way towards Sustainable Fisheries
1920
1987
2006
1896
1920
1987
2006
I. The SCS and Fisheries Resources • Extends across tropical and semi-tropical zones with typical monsoon climate • A large and complex marine ecosystem and an abundant variety of resource • Hosts over 1,000 species and over 200 are of economic value • Important fish stocks and high economic value group including pelagic and demersal species found in all shelf and reef-islet areas.
1896
I. The SCS and Fisheries Resources The greatest species diversity and a high degree of stocks intermixing. Generally, small demersal, pelagic and intermediate predators are the most important groups of fish found in the area. Major pelagic fisheries include jacks, mullets, herrings, sardines, anchovies, tuna, scads, mackerels, sharks, rays, squids, and cuttlefishes.
1920
1987
2006
1896
I. The SCS and Fisheries Resources A remarkable amount of biological ecosystem: over 30% of the world's coral reefs and valuable fisheries.
Contribute approximately 5 million tonnes to the world annual catch. Contain abundant natural resources: migratory species and transboundary stocks.
1920
1987
2006
The shared and transboundary nature of the stocks necessitates cooperation between the states bordering the seas; Due to a whole set of challenges, the coastal states face difficulties in managing their fisheries. The region has been suffering from ongoing depletion of marine resources and adversely affected ecosystem. 1896
1920
1987
2006
1896
II. Challenges Presenting the SCS Fisheries Facing severe territorial disputes with several states compete to some of the insular features; Undetermined jurisdictional boudnaries undermined national management efforts and frustrated regional cooperative initiatives; Such a difficult situation makes it really tough to find a conclusive answer.
1920
1987
2006
1896
Intensified Territorial Disputes
1920
1987
2006
1896
1920
1987
II. Challenges Presenting the SCS Fisheries Political climate: With disputed sovereignty claims over islands, sovereign rights over natural resources, and political mistrust, it is difficult to reach any multilateral initiatives.
2006
1896
Building up Military Powers
1920
1987
2006
1896
II. Challenges Presenting the SCS Fisheries Under a stage of tangled national intentions and interests, the region is also facing the expansion of indiscriminate Nontraditional security threats; Long historical background with confrontational structure mixed with higher and higher expectations on oceans as the source of energy, resources, and food security.
1920
1987
2006
1896
1920
1987
2006
1896
1920
1987
II. Challenges Presenting the SCS Fisheries The intensified competition for fisheries resources has seen a rise in the number of disputes, mixed with overlapping territorial and boundary claims, have resulted in numerous clashes among fishermen themselves, and between fishermen of one state and maritime forces of another. These clashes often result in the loss of property and livies, as a consequence, the SCS has become a site of tension and potential conflict, which has made access to SCS waters somewhat dangerous and problematic.
2006
1896
1920
1987
2006
Population Pressures World Population, 1950-2008, with Projections to 2050
Dense populations and their undermined food production
12 11 10 Earth Policy Institute - www.earth-policy.org
9
Large families trap people in poverty
Billions
8 7 6 5 4
insufficient lively supplies
3 2 1950
1970
1990
2010 Source: UNPop
2030
2050
Sea Level Rise and Ocean Acidification 1896
1920
IPCC Fourth Assessment Key Findings
1987
2006
1896
1920
1987
2006
1896
1920
II. Challenges Presenting the SCS Fisheries Sunanda Creagh, "Coral Triangle at risk from climate change", JAKARTA, Wed May 13, 2009 30% from warming of sea waters, yet, 70% of the coral damge resulted from irresponsible human activities.
http://www.reuters.com/article/2009/05/13/us-indonesia-coralreefs-idUSTRE54C00C20090513
1987
2006
1896
1920
1987
III. Obligations in Promoting Fisheries Cooperation Based on maritime feature and international regulations, the SCS states are obligated to cooperate on the conservation of the resources; It is also of great interest to themselves to manage the resourcesa in sustainable manner, as fisheries is an improtant source of protein, with vital social economic role in generating jobs and foreign currency.
Yet, not much attention has been paid to fisheires cooperation, and the presen approach to fisheries in the disputed areas give rise to friction and tention.
2006
1896
1920
1987
III. Obligations in Promoting Fisheries Cooperation With the development of fishing industries, and being the most“Troubled Waters”since 1970s, the SCS facing problems of overexploitation of fisheries resources, and degradation of the marine environment. To combat Illegal, unreported, and unregulated (IUU) fishing
Excessive fishing capacity contributes substantially to overfishing, the degradation of marine ecosystems, the breakdown of food chains, the decline of food production, and significant economic waste.
2006
1896
1920
1987
III. Obligations Promoting Fisheries Cooperation
United Nations Convention on the Law of the Sea (UNCLOS): A common framework for all the states to line up and to look at fisheries challenges presenting the SCS
2006
1896
1920
1987
UNCLOS Obligations Article 123 States bordering an enclosed or semi-enclosed sea should co-operate with each other in the exercise of their rights and in the performance of their duties under this Convention. To this end they shall endeavour, directly or through an appropriate regional organisation:
• living resources of the sea; • protection and preservation of the marine environment; • scientific research policies and undertake where appropriate joint programmes of scientific research in the area; • to invite, as appropriate, other interested states or international organizations to co-operate
2006
1896
1920
1987
UNCLOS Obligation on Migratory stocks Artcle. 63.1 Regarding the same stock or associated species occur within the EEZ of two or more coastal states, these states “shall seek to agree upon the measures necessary to coordinate and ensure the conservation and development of such stocks.”
2006
1896
1920
1987
UNCLOS’s provisions are complemented by: FAO Compliance Agreement Flag State jurisdiction UN Fish Stocks Agreement (Adopted 4 August 1995, Put in force 11 Dec. 2001, 82 ratifications (20 Jan 2014) Flag State jurisdiction A State party which is a member of a RFMO or RFMA can board and inspect ships of parties that are non-members of the RFMO or RFMA Port State measures (inspection of documents, fishing gear and catch and in certain cases prohibition of landings and transshipments) 1995 FAO Code of Conduct for Responsible Fisheries 2001 Reykjavik Declaration on Responsible Fisheries in the Marine Ecosystem other "soft laws" providing guidelines for fisheries cooperation
2006
1896
1920
1987
IV. Institutional Efforts for Regional Cooperation No functioning regional management fishing organization, but a number of Fishery-related Regional Organizations: •
Southeast Asian Fishery Development Center (SEAFDEC)
•
Asia-Pacific Fishery Commission (APFIC)
•
UNEP Regional Seas Programme: Coordinating Body on the Seas of East Asia (COBSEA)
•
APEC Ocean and Fisheries Working Group
•
Partnerships in Environmental Management for the Seas of East Asia (PEMSEA)
•
The International Center for Living Aquatic Resources Management (ICLARM)
•
Informal Workshop on Managing Potential Conflicts in the South China Sea (the SCS Workshop Process)
2006
1896
1920
1987
2006
1896
1920
1987
The South China Sea Workshop Process: Technical Working Groups Marine Scientific Research Marine Environmental Protection Safety of Navigation and Communication Resource Assessment and Means of Development
Legal Matters
2006
1896
1920
1987
IV. Institutional Efforts for Regional Cooperation ASEAN and its Subordinating Groups Environmental Working Groups of the ASEAN 1. Seas and Marine Environment (Brunei) 2. Environmental Economics (Indonesia) 3. Nature Conservation (Malaysia) 4. Environmental management (Philippines) 5. Transboundary Pollution (Singapore) 6. Environmental Information (Thailand)
2006
1896
1920
1987
V. Concluding Remarks: Do We Need Sustainable Fisheries?
Repository for valuable natural resources
A distinctive ecosystem and a remarkable amount of biological diversity with different species of organisms. The resources are under constant threat due to the insufficent cooperative incentives and management capacities.
2006
1896
1920
1987
V. Concluding Remarks: Can We Achieve the Goal without Regional Cooperation? The industry and fishermen are put to the testing ground for somewhat hostile state relations. The present sitation encourntering the SCS undoubtedly have the potentials to in-stabilize the regional peace and security.
The challenge of sustainable fiseheries cooperation is no longer an individual undertaking of single nation, but a coordinated and concerted response.
2006
1896
1920
1987
2006
IV. Concluding Remarks: What is Needed towards Cooperation?
An escalating pressure to create a regional cooperative mechanism, at least to provide a platform to discuss regularly and continuously the resource issues and enforcement concerns. Genuine and conserted regional efforts need to be incorporated to deal with issues in common and transcending national boundaries. Resolving of low-profile issues may lay down foundation or pave the way for the final settlement of high-profile ones such as territorial disputes.
1896
1920
1987
V. Concluding Remarks: What Can We Do? Ratification of /accession to relevant int'l conventions Effective implementation of the existing int'l and regional initiatives Effective and cooperative law enforcement to avoid at sea conflicts Take good experiences of different models of joint development Harmonisation of national laws and policies on fisheries management Exchanging information on marine living resources......
2006
1896
1920
1987
V. Concluding Remarks: Where Shall We Start? Political will is the key to the establishment of cooperative management mechanisms. Bearing in mind the "semi-enclosed" status of the seas as per Art. 123 etc. of the UNCLOS on related issues. States have to commit fully to their responsibilities in addressing these issues: • To develop dialogues and cooperation throughout the region, • To adopt new and effective measures for the participation of additional countries; • To strengthen the leading role of the ASEAN; and • All possible and practical means to achieve fisheries cooperation ……
2006
1896
1920
1987
2006
V. Concluding Remarks: What is the ASEAN's Role? •All of the SCS claimants are parties to the UNCLOS, except Chinese Taibei. •All of the member States of ASEAN are Parties to the UNCLOS, except Cambodia. •To play functional role in the fisheries initiatives •To implement the relevant parts of the regional arrangements including the Declaration on Conduct of Parties in the South China Sea (DOC)
1896
1920
1987
2006
