Access to ITLOS of Fishing Entity

• Main Authors: Ta-Chen Chen, 陳大楨
• Other Authors: 姜皇池
• Format: Others
• Language: en_US
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/68379d

碩士 === 國立臺灣大學 === 法律學研究所 === 107 === This thesis illustrates and analyzes the access to ITLOS of the fishing entity. The fishing entity has been an active participant in global conservation and management of straddling fish stocks and highly migratory fish stocks since the adoption of UNFSA. Despite that Taiwan remains non-party to UNFSA, Taiwan has participated in several commissions of RFMOs as fishing entity. Taking the fishing entity’s deep involvement in the conservation and management of straddling fish stocks and highly migratory fish stocks into consideration, this thesis proposes that ITLOS, an international tribunal with flexible jurisdiction on maritime disputes, shall be open to the fishing entity. While the fishing entity has participated in several RFMOs and gained significance in the conservation and management of straddling fish stocks and highly migratory fish stocks, there is yet any depiction on the legal personality of fishing entity. The legal personality of the fishing entity not only affects relevant rights and obligations of the fishing entity, but also relevant to the jurisdiction of ITLOS. Hence, this thesis focuses on the personal jurisdiction of ITLOS and its interactions with the legal personality of the fishing entity. This thesis firstly analyzes the outline of the personal jurisdiction of ITLOS. Further, this thesis proposes applicable criteria derived from the general rules of international law and determines the legal personality of the fishing entity. Lastly, this thesis integrates the findings of this thesis and proposes the outline of access to ITLOS of the fishing entity. This thesis concludes that fishing entity possesses access to ITLOS concerning disputes concerning: (1) compatibility of the conservation and management measures of straddling fish stocks and highly migratory fish stocks adopted in areas under national jurisdiction and those adopted in high seas (2) port state measures concerning conservation and management measures of straddling fish stocks and highly migratory fish stocks (3) flag state duties concerning conservation and management measures of straddling fish stocks and highly migratory fish stocks of RFMOs.