Legal Regime of Sedentary Species on the Continental Shelf of North Pacific Countries

• Main Authors: Chia-Ling Wu, 吳佳玲
• Other Authors: Chia-Jui Cheng
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/84920137027645686389

碩士 === 東吳大學 === 法律學系 === 100 === From the pearl business of Middle East and Sri Lanka, sponge business of Gulf of Tunis of the early days, to the recent pearl business of Australia, sedentary species fishery has become one of the important economic activities for the fishermen of the coastal countries. The export of King Crab in Alaska brings not just abundant income for the fishermen, the fame of the products also promote local tourism. The importance of sedentary species is beyond explanation. Hundreds years ago, before navigation technique was mature, many fishermen of coastal countries engaged with sedentary species fishery on the costal or offing. Even though the fishing activity went beyond the territorial sea, international law acquiesce this sedentary species fishery. With the expansion of navigation distance, high commercial value of fishery resource inevitably becomes one of the coveted targets of many. Japanese ship sailing to the open sea outside Australia coast line for pearls, and French fishermen capturing lobsters at the continental shelf outside the territorial sea of Brazil, have become international disputes. The two important international laws that proclaim sedentary species law in writing are Convention on the Continental Shelf of 1958 and United Nations Convention on the Law of the Sea of 1982. The former stipulated sedentary species inside the continental shelf system, described its legal outline and gave the definition; the latter completely framed the rights and obligations of sedentary species in current sea system. Since the establishment of Convention on the Continental Shelf, countries in North Pacific have been following the Convention, making sedentary species resource one of the nature resources in continental shelf, and putting under administration. Followed by efforts from CBD and CITES to conserve all creatures (including marine creatures), in addition to domestically management, internationally, countries conserve sedentary species resource with district cooperation. However, as sedentary species is the sovereignty of the coastal countries, global and regional conservation, still needs further attention from all perspectives. We live in a country surrounded by sea and abundant ocean resources, including sedentary species with high commercial value. Yet, we do not have many researches on the sedentary species, and the law is not established either. We must positively engage in sedentary species legislation.