1. Cooperative Management of the Fisheries Resources of the China Seas Dr. Guifang (Julia) Xue Law of the Sea Institute Ocean University of China (Qingdao) Email: juliaxue@ouc.edu.cnjuliaxue@ouc.edu.cn

2. Presentation Outlines 1. 1.OUC at a Glance and Qingdao Attractions 2. 2.LOSC Frameworks: Cooperation Obligation 3. 3.Shared Resources and Complex Fisheries Relations: Cooperation Demand 4. 4.Fisheries Agreements with Japan and Korea: Cooperative Framework 5. 5.Sino-Vietnamese Fisheries Agreement: Improved Cooperation

3. Ocean University of China(OUC) and Qingdao

4. OUC at a Glance Established in 1924 Established in 1924 Builds up its strength on marine sciences Builds up its strength on marine sciences Stands for the advancement of China’s marine scientific research Stands for the advancement of China’s marine scientific research Secretariat for Association of the World Marine-related Universities Secretariat for Association of the World Marine-related Universities

5. National key university: Approved by “211 Project” and “985 Grant”; 80% governmental funding for marine sciences National key university: Approved by “211 Project” and “985 Grant”; 80% governmental funding for marine sciences 90% PhD on marine-related subjects graduated from OUC 90% PhD on marine-related subjects graduated from OUC A widely spread alumina network A widely spread alumina network OUC at a Glance

6. Center to China’s marine research institutions, coastal mgt & community activities Center to China’s marine research institutions, coastal mgt & community activities “Ocean Forum” & Annual Ocean Festivals: “Ocean Forum” & Annual Ocean Festivals: “Ocean City” “Ocean City”

7. Pleasant weather, beautiful sceneries & relaxing life style -- the most popular tourist spot Pleasant weather, beautiful sceneries & relaxing life style -- the most popular tourist spot Host of 2008 Olympic Sailing Games Host of 2008 Olympic Sailing Games Tsingtao Beer & International Beer Festival Tsingtao Beer & International Beer Festival Qingdao Attractions

11. “….the problems of ocean space are closely interrelated and need to be considered as a whole” --Para. 4, Preamble of the LOSC

12. A Constitution for the Ocean Int’l Law is irrevocably transformed

13. What does the LOSC do? With 17 parts, 9 annexes, and 320 Arts, it sets forth the basic legal framework that regulates all marine sector activities, including: With 17 parts, 9 annexes, and 320 Arts, it sets forth the basic legal framework that regulates all marine sector activities, including: the limits of national jurisdiction over ocean space; the limits of national jurisdiction over ocean space; the access to the seas and rules for navigation; the access to the seas and rules for navigation; utilisation of the resources (living and non-living); utilisation of the resources (living and non-living); the protection and preservation of marine environment; the protection and preservation of marine environment; marine scientific research; marine scientific research; the settlement of disputes; and the settlement of disputes; and relations among States concerning marine sector activities relations among States concerning marine sector activities

16. China’s Marine Features

17. 1.3 billion population in a 9.6 million sq km land territory; 1.3 billion population in a 9.6 million sq km land territory; 18,000 km coastline, 14,000 km island coastline; 18,000 km coastline, 14,000 km island coastline; 14% coastal land support 44.7% population, and generate 60% of national GDP. 14% coastal land support 44.7% population, and generate 60% of national GDP.

18. Source: China Marine Statistics, SOA, 2005 China’s Marine Industries

19. The China Seas and the China Seas States

20. Shared Resources and Complex Relations—Natural Setting  Abundant Resources and Migratory Nature of Fish Stocks  Dependency of States and Depleting Resources  Fragile Ecosystem and Deteriorating Environment

21. Maritime Position of China, Japan and Korea

22. Shared Resources and Complex Relations—Social and Political Setting   Key players: influence each other’s economy   Different social systems: significant political and ideological differences   Islands disputes/overlapping claims: pending boundary delimitation   Resources competition: fisheries conflicts

23. LOSC Obligation on Cooperation: Enclosed and Semi-enclosed Seas States “shall endeavour, directly or through an appropriate regional organization to co-ordinate the management, conservation, exploration and exploitation of the living resources of the sea”. ---Art.123 (a) ---Art.123 (a)

24. LOSC Obligation on Cooperation: Migratory stocks Regarding the same stock or associated species occur within the EEZ of two or more coastal states, these states “shall seek to agree upon the measures necessary to co-ordinate and ensure the conservation and development of such stocks.” ---Art. 63.1 ---Art. 63.1

25. Sino-Japanese Agreement--Features Signed on 11 November 1997 Entered into force on 1 June 2000   provisional agreement pending boundary delimitation   Reciprocal access to each other’s EEZ   Fisheries Joint Committee (FJC)   Various agreed zones where different regimes apply

26. Sino-Japanese Agreement: Agreed Zones An alternative approach to remedy the disagreement between the parties on their EEZ boundaries   De facto EEZs   Provisional Measures Zone (PMZ)   High Seas Fishing Zone (Diaoyu/Senkaku Island)   Unresolved Zone (overlapping claims)   Squid Fishing Zone

27. Agreed Zones of the Two Fisheries Agreements

28. Sino-Japanese Agreement—PMZ The most important cooperative regime   Joint fishing/management zone   Quotas determined annually by FJC   Quantity control approach (modified TAC)   Flag state control   Indirect cooperation in enforcement

29. Sino-Japanese Agreement-- FJC The FJC consists of two representatives appointed by each party, and it works by consensus Responsibilities of the FJC:  to consult on EEZ fishing conditions and quotas;  to decide fisheries issues within joint fishing zone;  to recommend amendment to the agreement; and  to review the implementation of the agreement.

30. Sino-Korean Agreement--Features Signed on 11 November 1998/2000 Entered into force on 30 June 2001  The first between China and South Korea  Sharing the fundamental aspects of the Sino- Japanese Agreement in scope, agreed zones, and management measures  Agreed zones: De facto EEZ, PMZ, high seas fishing zone, and Transitional Zones (TZs)

32. Sino-Korean Agreement-- (TZs)  Converted to EEZ in four years  Flag state control  Improved enforcement: joint patrol including boarding and inspection of fishing vessels

33.  Commitment to the LOSC obligations  Effective tools to reduce fisheries conflicts  Resolution to the overlapping maritime zones  Remarkable steps towards the cooperation on the shared resource Significance of the Agreements

34. Constraints of the Agreements  Lack of Holistic View  “Third State” Issue  Law and Order at Sea  Dispute Settlement  Transparency and Feedback

36. Improved Cooperation: Sino- Vietnamese Agreement

37. Competing Claims in the SCS

39. Fisheries Relations between China and Vietnam Joint Exploitation of the Shared Resources Joint Exploitation of the Shared Resources Deteriorated Relations and Unilateral Management Efforts Deteriorated Relations and Unilateral Management Efforts Progress towards New Fisheries Cooperation Progress towards New Fisheries Cooperation

40. Two Sino-Vietnamese Agreements Signed On 25 Dec. 2000 in Beijing: Signed On 25 Dec. 2000 in Beijing: Agreement between the Government of PRC and the Government of the Socialist Republic of Vietnam on the Demarcation of the Territorial Seas, Exclusive Economic Zones, and Continental Shelves of the Gulf of Tonkin (Sino-Vietnamese Boundary Agreement) Agreement between the Government of PRC and the Government of the Socialist Republic of Vietnam on the Demarcation of the Territorial Seas, Exclusive Economic Zones, and Continental Shelves of the Gulf of Tonkin (Sino-Vietnamese Boundary Agreement) Agreement between the Government of PRC and the Government of the Socialist Republic of Vietnam on Fisheries Cooperation for the Gulf of Tonkin (Sino- Vietnamese Fisheries Agreement) Agreement between the Government of PRC and the Government of the Socialist Republic of Vietnam on Fisheries Cooperation for the Gulf of Tonkin (Sino- Vietnamese Fisheries Agreement)

41. Framework for Fisheries Cooperation Joint Fisheries Committee Joint Fisheries Committee Joint Fishing Zone Joint Fishing Zone Transitional Arrangement Zone Transitional Arrangement Zone Buffer Zone for Small Fishing Vessels Buffer Zone for Small Fishing Vessels

42. Agreed Zones 33487.3 sq km PRC:46. 28%; SRV: 53. 72%

43. Agreements with Vietnam for the Boundaries Delimitation and Fisheries Cooperation for the Gulf of Tonkin

44. Bilateral Agreement with Vietnam for the Gulf of Tonkin Transitional Arrangement Zone

45. Evaluation of the Sino-Vietnamese Fisheries Agreement The first one of its kind in the SCS The first one of its kind in the SCS It sets up a model for fisheries cooperation It sets up a model for fisheries cooperation Fisheries factors Vs boundary delimitation Fisheries factors Vs boundary delimitation Efforts on implementation is vital Efforts on implementation is vital

46. Conclusion  The three agreements are significant in resolving fisheries issues  Bilateral agreements are not the ultimate solution to the conservation and management of the shared resource  A concerted response and cooperation throughout the China Seas region is required

47. Thank you!

48. What about... When did it... What was... Yes please! What about.. Why this and not that? When did it... Yes please! Questions...

49. Contact Details Dr. Guifang (Julia) Xue Director/Professor Institute for the Law of the Sea Ocean University of China 5 Yushan Road, Qingdao 266003, PR China Tel ： 0532-82032330 Fax ： 0532-82032841 Email ： juliaxue@ouc.edu.cn