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Rule of Law in the Progress of Sustainable Fishery Governance

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A special issue of Fishes (ISSN 2410-3888). This special issue belongs to the section "Fishery Economics, Policy, and Management".

Deadline for manuscript submissions: closed (31 October 2022) | Viewed by 28853

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Prof. Dr. Yen-Chiang Chang

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Law School, Dalian Maritime University, Dalian 116026, China
Interests: international law; ocean law and policy; ocean governance; energy law
Special Issues, Collections and Topics in MDPI journals

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Dear Colleagues,

The future of the ocean depends on sustained and effective changes in the governance of natural resources. Over the last couple of decades, ocean governance has turned its focus on several key approaches, such as the creation and enforcement of protected marine areas and the implementation of sustainable fisheries governance. The voluntary guidelines for securing fisheries in the context of food security and poverty eradication are the first international instrument dedicated entirely to the fisheries sector. While its implementation will require legal and regulatory adjustments beyond national fisheries legislation to ensure political and legislative coherence and to fully reflect the breadth of their provisions, the fundamental function of fisheries law in the sustainable use, management, and development of small-scale fisheries is indisputable. Appropriate fisheries legislation provides the strongest possible framework for inclusive, participatory fisheries governance and resource management by providing a coherent basis for implementing and enforcing the related international and regional agreements and commitments. Legislation can therefore be a tangible way to support fishers, fish workers, and their communities, and contribute to broader development goals, including the progressive realisation of the right to food, poverty eradication, equitable development, and sustainable resource utilisation, as well as governance. This Special Issue aims to provide (social) scientists and legal experts with an opportunity to provide an overview of recent works carried out in the areas of fisheries research and governance, coupled with the rule of law. Papers on topics concerning the rule of law in connection with fisheries governance, sustainable fisheries, fisheries biology and ecology, and aquaculture environmental policies, are welcomed for submission.

Prof. Dr. Yen-Chiang Chang
Guest Editor

Manuscript Submission Information

Manuscripts should be submitted online at www.mdpi.com by registering and logging in to this website. Once you are registered, click here to go to the submission form. Manuscripts can be submitted until the deadline. All submissions that pass pre-check are peer-reviewed. Accepted papers will be published continuously in the journal (as soon as accepted) and will be listed together on the special issue website. Research articles, review articles as well as short communications are invited. For planned papers, a title and short abstract (about 100 words) can be sent to the Editorial Office for announcement on this website.

Submitted manuscripts should not have been published previously, nor be under consideration for publication elsewhere (except conference proceedings papers). All manuscripts are thoroughly refereed through a single-blind peer-review process. A guide for authors and other relevant information for submission of manuscripts is available on the Instructions for Authors page. Fishes is an international peer-reviewed open access monthly journal published by MDPI.

Please visit the Instructions for Authors page before submitting a manuscript. The Article Processing Charge (APC) for publication in this open access journal is 2600 CHF (Swiss Francs). Submitted papers should be well formatted and use good English. Authors may use MDPI's English editing service prior to publication or during author revisions.

Keywords

rule of law
fishery governance
sustainable development

Published Papers (12 papers)

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19 pages, 292 KiB

Open AccessArticle

Illegal, Unreported, and Unregulated Fishing Governance in Disputed Maritime Areas: Reflections on the International Legal Obligations of States

by Xidi Chen, Qi Xu and Lun Li

Fishes 2023, 8(1), 36; https://doi.org/10.3390/fishes8010036 - 03 Jan 2023

Cited by 8 | Viewed by 2740

Abstract

Illegal, unreported, and unregulated (IUU) fishing in the disputed maritime areas causes significant damage to the marine ecology and authorized fisheries, increases the risk of conflicts among disputed states, and violates human rights at sea. Both unilateral measures and cooperative governance for IUU fishing are often inadequate in these areas. In light, this study aims to clarify the regulatory obligations of relevant states and explore feasible solutions based on international cooperation to promote IUU governance in disputed areas worldwide. The rapidly evolving international fisheries legal framework requires that states, such as coastal states, flag states, port states, or market states, fulfill their respective obligations to prevent and deter IUU and that the presence of disputes in a specific maritime area does not typically constitute grounds for derogation from these obligations or exemption from possible state responsibility. However, the implications of the conflicting claims in disputed maritime areas should be taken into consideration while interpreting and applying international legal rules. Therefore, this study suggests that regional and inter-regional cooperation is necessary for states to fulfill their obligations to regulate IUU fishing and prevent state responsibilities under international law. Parties to the dispute, as well as third parties, are encouraged to participate in the cooperative mechanism in order to coordinate legislative and enforcement measures and advance the institutionalization of IUU fishing regulation in the disputed maritime areas, which will not only advances the effective governance of IUU fishing but also reduces tensions among the disputing states and contributes to the peaceful settlement of the dispute. Full article

(This article belongs to the Special Issue Rule of Law in the Progress of Sustainable Fishery Governance)

20 pages, 1915 KiB

Open AccessArticle

What Do We Need to Do? The Sustainable Development of Chinese Marine Fisheries: A Legal Perspective

by Ben-Chao Fu and Hao Liu

Fishes 2023, 8(1), 16; https://doi.org/10.3390/fishes8010016 - 27 Dec 2022

Cited by 1 | Viewed by 1463

Abstract

Both the nation with rich marine fishery resources and the nation importing marine fishery resources are increasingly attending to the sustainable growth of marine biodiversity and the balanced governance of fisheries. Nevertheless, Chinese marine fisheries have achieved progressively sustainable development from a legal perspective. Initially, the present paper outlines the legal relationship between sustainable development theory and marine fisheries, discusses the current circumstances of Chinese marine fisheries, and reviews Chinese legal regimens governing marine fisheries. Given this context, the paper explores and analyzes the legal issues (legislation, law enforcement, and administrative management) concerning the sustainable development of Chinese marine fisheries. These significant matters are then discussed to advance a potential approach to enhancing the legal systems governing Chinese marine fisheries and ameliorating the sustainable development of such fisheries. The results will serve as a reference to help lawmakers, decision-makers, and practitioners. Full article

(This article belongs to the Special Issue Rule of Law in the Progress of Sustainable Fishery Governance)

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16 pages, 240 KiB

Open AccessArticle

Inheritance and Development: The Evolution and Overview of China’s Fisheries Legal System

by Wei Wu, Yang Liu, Zhaobin Pei, Yan Lin, Xin Sun, Jiaqi Xing, Yuwei Wang and Yu Liu

Fishes 2023, 8(1), 5; https://doi.org/10.3390/fishes8010005 - 22 Dec 2022

Viewed by 1645

Abstract

China’s legal system governing fisheries in China has been stable during development. In line with China’s national conditions and the spirit of the times, they have adhered to the concept of green development and maintaining the sustainable development of fishery production activities. Studying the history of Chinese fishery law is beneficial for the world to understand the evolution of this legislation and is a better gateway for the world to understand fisheries law with Chinese characteristics. Fishery, in this context, refers to fishing and fish farming. In China, fisheries are under the management of the Ministry of Agriculture and Rural Affairs, while fisheries enforcement has a special law enforcement department for collaborative management. Therefore, both fishing and fish farming in China’s fisheries industry belong to the category of agriculture. This is different from the West and is precisely what makes China unique. This paper explores the Chinese fishery legal and general legal systems by investigating policy guidelines, laws, and regulations on China’s fishery industry since 1949. Furthermore, it analyzes the development process of fisheries. Organizing the development status of China’s fishery legal and regulatory system analyzes the problems of fishery production control and development, searches for paths and methods to solve the practical problems, and finally, makes a reasonable outlook on the development prospect of China’s fishery. Full article

(This article belongs to the Special Issue Rule of Law in the Progress of Sustainable Fishery Governance)

19 pages, 325 KiB

Open AccessArticle

Conflicts and Challenges of Sustainable Fisheries Governance Cooperation under the Securitization of the Maritime Commons

by Guoqiang Luo and Zhixin Chi

Fishes 2023, 8(1), 1; https://doi.org/10.3390/fishes8010001 - 21 Dec 2022

Viewed by 1858

Abstract

There is a growing trend towards securitization of the maritime commons, which seriously impacts sustainable fisheries governance cooperation. This impact is mainly reflected in the fact that it undermines the effectiveness of the international legal framework for sustainable fisheries governance, which is fragmented and runs based on countries’ willingness. It makes the international legal basis for sustainable fisheries governance cooperation more fragile. As a result, countries are more inclined to take the issues of sustainable fisheries governance and its sub-issues as security-related issues or tools for achieving maritime security strategies. Ultimately, it will lead to confrontation rather than cooperation in sustainable fisheries governance. Evidence that can support this theory is from combating IUU fishing, a sub-issue of sustainable fisheries governance, in the Northeast Asia Pacific and the South China Sea. From securitization theory and international law theory perspectives, desecuritization is the core of the solutions, including the desecuritization of the maritime commons and the desecuritization of its sub-issues. In practice, desecuritization includes improving the effectiveness of the international legal framework for sustainable fisheries governance and establishing regional cooperative governance mechanisms. The result will certainly help to promote sustainable fisheries governance cooperation on a regional and global scale. Full article

(This article belongs to the Special Issue Rule of Law in the Progress of Sustainable Fishery Governance)

20 pages, 2158 KiB

Open AccessArticle

Coordinated Development of the Marine Environment and the Marine Fishery Economy in China, 2011–2020

by Yang Liu, Yiying Jiang, Zhaobin Pei, Limin Han, Hongrun Shao, Yang Jiang, Xiaomeng Jin and Saihong Tan

Fishes 2022, 7(6), 391; https://doi.org/10.3390/fishes7060391 - 15 Dec 2022

Cited by 5 | Viewed by 1533

Abstract

The marine environment is the material basis for the survival and development of fishery resources, and changes in the marine environment affect the fishery economy. Therefore, against the background of sustainability and environmental uncertainty, it is important to investigate the development of the marine environment and the marine fishery economy to improve the quality of both. Taking the panel data for 11 coastal cities in China from 2011 to 2020, we use several methods, including the entropy method, a coupling harmonious degree model, and a Tobit model, to measure the marine-environment quality and marine-fishery-economy quality, their coordination, and the factors affecting that coordination. We find that (1) the marine-environment quality and marine-fishery economy quality show a significant upward trend over time, but they are spatially unbalanced, with obvious interprovincial differences. (2) Coordination between the marine-environment quality and marine-fishery-economy quality has risen steadily, but the level of coordination is still low, remaining at the primary level in most areas. (3) The important factors affecting coordination between the marine-environment quality and marine-fishery-economy quality include the strength of the marine fishery industry, scale of the marine fishery economy, production capacity of marine fisheries, marine-environment quality, and quality of the marine environment and its resources. In light of these findings, we should increase the coordination between the marine-environment quality and marine-fishery-economy quality by upgrading the marine fishery industry, modernizing marine fisheries, linking the environmental governance of marine and land areas, and strengthening the ecological construction of the marine environment. Full article

(This article belongs to the Special Issue Rule of Law in the Progress of Sustainable Fishery Governance)

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21 pages, 1057 KiB

Open AccessArticle

The North Sea and Svalbard Fisheries Management Regimes in the Context of Brexit: Divergence and Implications

by Yitong Chen and Yinan Wang

Fishes 2022, 7(6), 351; https://doi.org/10.3390/fishes7060351 - 27 Nov 2022

Viewed by 1736

Abstract

The North Sea fishery has maintained sound and stable cooperative management over the past four decades. European Union (EU) countries exchange quotas with Norway for fish stocks in their respective fisheries jurisdictions within the framework of the EU Common Fisheries Policy (EU CFP) and the Agreement on Fisheries between the European Economic Community and the Kingdom of Norway. After beginning the Brexit process with a concomitant transitional arrangement, the United Kingdom remained in the EU CFP until the end of 2020. From 2021 onward, the United Kingdom became a completely independent coastal state outside the EU CFP framework. In this context, the long-standing and stable fisheries access and quota exchange system between Norway and the EU will face tensions. The differences among the United Kingdom, the EU and Norway in fisheries also involve quotas and access to the Svalbard Protection Zone. Norway even intends to expand the fisheries conflict to the Arctic Council. To prevent the adverse consequences of conflict spillover and to achieve sustainable development of fisheries and win–win cooperation in fisheries management, the United Kingdom, the EU and Norway launched a series of actions on fisheries issues. In tripartite negotiations, each party has its advantages. Ultimately, win–win cooperation in the fisheries game is the three parties’ expected outcome. Full article

(This article belongs to the Special Issue Rule of Law in the Progress of Sustainable Fishery Governance)

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14 pages, 548 KiB

Open AccessArticle

The Determinants of Global Value Chain Participation in Developing Seafood-Exporting Countries

by Ruth Eegunjobi and Nicholas Ngepah

Fishes 2022, 7(4), 186; https://doi.org/10.3390/fishes7040186 - 26 Jul 2022

Cited by 3 | Viewed by 2965

Abstract

Global value chain (GVC) participation has played a significant role in boosting the trade gains of both developed and developing seafood-exporting countries over the past three decades. In addition, the extent of GVC participation has become the most important platform for addressing gains from trade in developing seafood-exporting countries to ensure that their participation enhances economic growth. Recent studies on GVC participation in developing countries have highlighted the importance of domestic institutions. However, the literature is silent on the quality of the domestic institutions–GVC participation nexus. This paper aims to investigate the determinants of GVC participation and the effect of the quality of domestic institutional governance on seafood-exporting developing countries’ GVC participation indices. Using the Hausman–Taylor (HT) estimator and the system generalised method of moments (GMM) dynamic panel data methodology to examine seafood export data from 32 countries from 2009 to 2018, we find that economic potential drives backward GVC participation, while low forward participation might not only lead to lower gains from trade, but also limit countries to the supply of primary seafood products with little value addition. In addition, the quality of domestic institutional governance constrains GVC participation. Overall the results indicate that the quality of domestic institutional governance matters for the GVC participation of seafood-exporting developing countries. Full article

(This article belongs to the Special Issue Rule of Law in the Progress of Sustainable Fishery Governance)

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18 pages, 524 KiB

Open AccessArticle

Incorporation of Fisheries Policy into Regional Blocs?—Lessons from the EU’s Common Fisheries Policy

by Shuo Li

Fishes 2022, 7(3), 102; https://doi.org/10.3390/fishes7030102 - 28 Apr 2022

Cited by 5 | Viewed by 2606

Abstract

As globalization is facing increasing challenges, regionalization demonstrates the potential to effectively address many transboundary issues. Current international fisheries management has attracted criticisms, among which the poor incentives for countries to attend and comply with the rules are notable. This paper aims to explore whether the incorporation of fisheries policies into regional economic blocs can be a solution to improve cross-border fisheries management. The development, problems, and future of the Common Fisheries Policy (CFP) of the European Union are explored in detail. This paper concludes that the evolution and implementation of the CFP provide some precious lessons for the world. An appropriately designed regional fisheries scheme would help to create incentives for countries to participate in regional regimes and improve their fisheries management. Economic incentives, a good institutional design, and financial and scientific support are critical factors in favor of adopting common fisheries policies under regional economic frameworks. Full article

(This article belongs to the Special Issue Rule of Law in the Progress of Sustainable Fishery Governance)

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18 pages, 349 KiB

Open AccessArticle

Maritime Dispute Settlement Law towards Sustainable Fishery Governance: The Politics over Marine Spaces vs. Audacity of Applicable International Law

by M Jahanzeb Butt, Khadija Zulfiqar, Yen-Chiang Chang and Ali M. A. Iqtaish

Fishes 2022, 7(2), 81; https://doi.org/10.3390/fishes7020081 - 02 Apr 2022

Cited by 8 | Viewed by 3708

Abstract

The present article discusses and analyses the role and contribution of International Maritime Dispute Settlement Bodies in sustainable fishery governance. From a maritime dispute settlement perspective, the discussion on preserving marine biodiversity, including fisheries and ecosystems, is unprecedented. However, dispute settlement impacts on marine biodiversity require serious attention from the viewpoint of effective implementation of the United Nations Fish Stocks Agreement, International Environmental Law, and United Nations Convention on Law of the Sea. ‘Applicable law’ as primary contention, which could be utilised to preserve marine biodiversity, is preferably employed for ‘ship release’ and ‘delimitation’ issues under dispute settlement mechanisms. Perhaps, the political and legal obstacles in interpreting the ‘law of the sea’ are one area of critique, and the optional dispute settlement mechanism is another. All these significant issues are discussed to develop a rational approach utilising ‘applicable law’ to preserve marine biodiversity and develop sustainable fishery governance. The result will certainly help build a better understanding of the ‘applicable law’ jurisdiction that may be utilised to ensure the sustainability of marine biodiversity. Full article

(This article belongs to the Special Issue Rule of Law in the Progress of Sustainable Fishery Governance)

17 pages, 1952 KiB

Open AccessArticle

Scientific Research and Its Influence in Decision-Making of Tuna Regional Fisheries Management Organizations: Case Studies in the Atlantic Ocean and Indian Ocean

by Shih-Ming Kao and Huan-Sheng Tseng

Fishes 2022, 7(2), 76; https://doi.org/10.3390/fishes7020076 - 28 Mar 2022

Cited by 5 | Viewed by 2833

Abstract

Scientific research has played an important role in the conservation and management of high seas fisheries resources since the adoption and entry into the force of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). In addition, regional fisheries management organizations (RFMOs) have become the most important platform in addressing fisheries-related issues under the contemporary international fisheries legal regime, which also includes the responsibility to ensure that their decisions have to properly incorporate recommendations of scientific research into their decisions. This paper aims to analyze, from a legal aspect, how scientific research plays its role in the formation and adoption of conservation and management measures (CMMs) in RFMOs and finds that scientific research has become an essential and integral part of both International Commission on the Conservation of Atlantic Tunas (ICCAT) and the Indian Ocean Tuna Commission (IOTC). Although, on some occasions, these recommendations will not be totally accepted and adopted by the Commission due to social, economic, and political considerations, the results from scientific research have become the basis for issues related to conservation and management measures discussed in RFMOs and will be more influential if the Scientific Committee provides a more concrete recommendation to the Commission. Full article

(This article belongs to the Special Issue Rule of Law in the Progress of Sustainable Fishery Governance)

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14 pages, 246 KiB

Open AccessPerspective

A Sustainable Approach towards Fisheries Management: Incorporating the High-Seas Fisheries Issues into the BBNJ Agreement

by Yunfeng Qu and Ruiyang Liu

Fishes 2022, 7(6), 389; https://doi.org/10.3390/fishes7060389 - 14 Dec 2022

Cited by 1 | Viewed by 2019

Abstract

The issue of high-seas fisheries is the main threat to biodiversity in areas beyond national jurisdiction. The BBNJ Agreement, which focuses on biodiversity in areas beyond national jurisdiction, is under vigorous discussion. Subject to the “not undermine” requirement and considerations of practical interests, it is highly possible that the BBNJ Agreement may not address the issue of fisheries on the high seas. The objective of this paper is to analyze the relationship between the high-seas fisheries issue and the BBNJ Agreement for the purposes of the conservation of marine biodiversity, the unity of the marine ecosystem, and the consistency of regulations. It maintains that from the perspective of protecting the oceans, enacting legislation in areas beyond national jurisdiction, and transforming marine management mode, the issue of high-seas fisheries should be included in the BBNJ Agreement. In the future, the BBNJ agreement needs to clarify its scope of application, resolve overlapping issues through general regulations and conflict rules, clarify the methods and contents of international cooperation, and establish international law obligations for integrated ocean management. Full article

(This article belongs to the Special Issue Rule of Law in the Progress of Sustainable Fishery Governance)

10 pages, 249 KiB

Open AccessEssay

A Fairer Governance of High Sea Fishing through a Systemic Interpretation Approach

by Liang Yu

Fishes 2022, 7(6), 344; https://doi.org/10.3390/fishes7060344 - 24 Nov 2022

Viewed by 1322

Abstract

The regulation of high sea fishing would not be successful without cooperation among the states in the current international society, without a world government. However, the ongoing quest for cooperation in the field of fishery governance focuses too much on the unilateral responsibility of a state to cooperate with a RFMO, overlooking the responsibility of state parties of an RFMO or the state seeking to regulate IUU fishing. This essay reveals that the equitable consideration of fishery governance is sometimes prejudiced in the name of conservation. Fishery governance involves food security, employment, free trade, and the environment. An ideal regime of high sea fishing is expected to balance the conflicting values and bring an end to the fragmentation of international law. The systemic interpretation approach, which is based on Article 31, paragraph 3(c) of the Vienna Convention on the Law of Treaties, contributes to a fairer governance of high sea fishing. Such an approach revives the obligation of the state to cooperate in the fishery sector by referring to external legal sources, including human rights laws, WTO laws, and environmental laws. Full article

(This article belongs to the Special Issue Rule of Law in the Progress of Sustainable Fishery Governance)

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