碩士 / 東吳大學 / 法律學系 / 99 / Pursuant to the statistics from Food and Agriculture Organization of the United Nations (FAO), there are about 40 varieties of tuna, 7 kinds are important and common in the market. They are Northern Bluefin Tuna (Thunnus thynnus), subdivided into Atlantic Northern Bluefin Tuna (Thunnus thynnus thynnus) and Pacific Northern Bluefin Tuna (Thunnus thynnus orientalis); Southern Bluefin (Thunnus maccoyii); Albacore (Thunnus alalunga); Yellowfin tuna(Thunnus albacores); Bigeye tuna (Thunnus obesus) and Skipjack (Katsuwonus pelamis).
Tuna fishing has had a long history, dating back to days before Christ. According to FAO records, because of the large demand for tuna and a plethora of tuna fishing capacity of fishing fleets, tuna population status may deteriorate further if we don’t improve the management of tuna resources. With a persistent decrease of tuna catch, many countries have committed to tuna farming, trying to establish the farming field, but have not yet reached the economic scale. In addition, FAO data does show that climate change has also brought about great changes.
From the global point of view, mare liberum advocated by Hugo Grotius became the foundation of freedom of high-seas fishing, norms that emerged recently began to limit freedom of high-seas fishing. 1958 Convention on the High Seas and Convention on Fishing and 1958 Conservation of the Living Resources of the High Seas have set the initial restriction on freedom of fishing. The 1982 United Nations Convention on the Law of the Sea, articles 64 and 116 indicate the obligation of migratory species conservation. The 1993 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, 1995 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks; the 1995 Code of Conduct on Responsible Fisheries(CCRF) and the 2001 International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing(IPOA-IUU) all aim to limit the right of fishing to ensure the sustainable development of fish stock.
Regional fisheries management organizations(RFMOs) are important, by segmenting international waters to achieve specific conservation and management of fish resources. The five important RFMOs are International Commission for the Conservation of Atlantic Tunas( ICCAT)、Indian Ocean Tuna Commission(IOTC)、Western and Central Pacific Fisheries Commission(WCPFC)、Commission for the Conservation of Southern Bluefin Tuna(CCSBT) and Inter-American Tropical Tuna Commission(IATTC).
The conventions establishing the five RFMOs and the resolutions adopted so far have complied with global international norms in principle. 1995 CCRF and 2001 IPOA-IUU indicate their nature of soft law in terms of voluntary compliance.
This paper details the significance of soft law, its characteristics, advantages, importance, and its relationship with customary law and its potential impact upon the development of international law. Through global norms and practices of regional organizations, these two norms(CCRF and IPOA-IUU Rules) seem to have been strengthened. The paper cited ICJ cases to examine the elements of customary law, and concludes that duration, consistency, generality and uniformity of practice as proven by RFMO resolutions seems to satisfy the objective elements. Regarding opinio juris, based on the dissenting opinion by Judge Tanaka in 1966 South West Africa (Ethiopia v. South Africa; Liberia v. South Africa ) Case, the resolutions of RFMOs can be considered as having indicated the subjective intentions of states concerned.
In short, 1995 CCRF and 2001 IPOA-IUU are emerging customary law with a considerable degree of objective elements and opinio juris.
| Identifer | oai:union.ndltd.org:TW/099SCU05194037 |
| Date | January 2011 |
| Creators | Yu-Heng Cheng, 鄭宇衡 |
| Contributors | Tzu-wen Lee, 李子文 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 224 |
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