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Can the South China Sea Tribunal’s Conclusions on Traditional Fishing Rights Lead to Cooperative Fishing Arrangements in the Region?

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journal contribution
posted on 27.08.2020 by Joanna Mossop
Disputes over territorial sovereignty have motivated states to take confrontational positions in respect of vessels from other states fishing in areas around disputed features in the South China Sea. This article suggests that the doctrine of traditional fishing rights, as expressed in the South China Sea Arbitral Award, could provide a legal mechanism that allows states to cooperate on fisheries management without compromising their sovereign claims. However the Tribunal’s conclusions on traditional fishing left a number of key questions unresolved that would need to be subject to further negotiation. There are considerable practical obstacles, especially a lack of political will, that would probably prevent such an agreement from coming to fruition. Nevertheless, this article provides an assessment of a potential option that could be used to foster cooperative fishing arrangements in a particularly contested maritime space.

History

Preferred citation

Mossop, J. (2018). Can the South China Sea Tribunal’s Conclusions on Traditional Fishing Rights Lead to Cooperative Fishing Arrangements in the Region? Asia-Pacific Journal of Ocean Law and Policy, 3(2), 210-231. https://doi.org/10.1163/24519391-00302004

Journal title

Asia-Pacific Journal of Ocean Law and Policy

Volume

3

Issue

2

Publication date

01/01/2018

Pagination

210-231

Publisher

Brill

Publication status

Published

Contribution type

Article

ISSN

2451-9367

eISSN

2451-9391

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Categories

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