美加“鲑鱼大战”:缘起、博弈和缔约

The Pacific Salmon Treaty in the U. S.-Canadian ‘Salmon Wars’

19世纪末,由于过度捕捞和捕捞竞争,导致渔获分配不均,引发了美加两国渔民之间的"鲑鱼大战"。二战后,随着拦截捕捞现象的频繁出现,"鲑鱼大战"愈演愈烈。两国政府以公平分配为目标进行谈判,最终于1985年签署了《太平洋鲑鱼条约》,"鲑鱼大战"暂时告一段落。然而,由于鲑鱼资源持续衰退,"重分配、轻保护"的《太平洋鲑鱼条约》逐渐失效。虽然1999年签署的《太平洋鲑鱼协定》弥补了《太平洋鲑鱼条约》在资源保护方面的设计缺陷,但是该协定的执行依然步履维艰。追溯美加"鲑鱼大战"的历史可以发现,只有在相对完善的资源保护制度基础之上,公平分配才有立足之地,这也是维护社会公平、实现可持续发展的必然要求。

Overfishing and fishing competitions were the two main reasons for the salmon unequal distribution and declining.In the late 19th century,‘salmon wars’broke out between fishermen from the United States and Canada respectively.After the Second World War,‘salmon wars’became increasingly fierce with frequent fishing interception.The equitable distribution of salmon became the ultimate goal for the two governments to end the wars.After the extremely bitter negotiations,the Pacific Salmon Treaty was signed in 1985,reflecting the pursuit of‘equity’between the two governments and their various fisheries stakeholders.However,this treaty was not perfect because it paid more attention to‘equitable distribution’instead of‘salmon conservation’.With the consecutive decline of the salmon,such treaty gradually lost its efficacy.Although the Pacific Salmon Agreement which was signed in 1999 improved the salmon conservation management,the implementation of this agreement remained a daunting task.It can be found through drawing lessons from‘salmon wars’that the equitable distribution could be achieved merely on the basis of a remarkable mechanism of resources conservation,which is also the inevitable requirement of sustainable development and social justice.