碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 94 / Regionalization is the main trend of development in international fisheries regime. Taking into account of conserving fishery resources and interests in the industry, high Seas fisheries states recognize that the best result of conservation and management on fishery resources should be by way of cooperation within the international fisheries management organizations. Furthermore, in order to solve the issue for non-state entities’ participation in international fisheries management organizations, Article 1(3) of 1995 UNFSA created an opportunity for solving such problem, which is the term “fishing entities”.
This thesis is going to study the rights and obligation for a fishing entity through international practices and international instruments. Moreover, the function of a fishing entity shall be examined, and its legal position shall be analyzed. Apart from Introduction and Conclusion chapters, Chapter two explores the development of international fisheries mechanism and the legal implication of “fishing entities”. Chapter 3 studies the relationships between a fishing entity and an international fisheries management organization. Chapter 4 works on the practices and functions of a fishing entity with a special reference to the meaning on mutatis mutandis. Chapter 5 analyzes the practices of a fishing entity in participating works of international fisheries management organization.
The author concludes that fishing entities’ participation in international fisheries management organizations reflects the divergences of practices. The legal position of a fishing entity shall be decided by its performance in the future practices.
Keywords: Fishing Entities, Regional Fisheries Management Organizations, mutatis mutandis, International Fisheries Organizations, International Law of Fisheries.
| Identifer | oai:union.ndltd.org:TW/094NTOU5273023 |
| Date | January 2006 |
| Creators | Shu-Chun Juan, 阮淑君 |
| Contributors | Kuan-Hsiung Wang, 王冠雄 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 158 |
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