构建“渐进式”的南海渔业执法合作

Building a Progressive Mode of Law Enforcement Cooperation in the Fisheries in the South China Sea

进入21世纪以来,随着各国对资源需求的提高,各国之间因争夺资源而发生紧张局势的可能性也大大增加。如果各国之间能够妥善解决彼此对于资源的争夺,采取对话不对抗、合作不对峙的模式,就有可能将紧张局势转化为各方共赢的局面。南海作为世界上渔业资源最丰富的渔场之一,近年来因个别沿岸国的渔业执法问题而引发的渔业争端频发。在考察现有的渔业执法合作的国际法律文件和区域实践基础上,南海沿岸国如果能构建一种"渐进式"渔业执法合作的新模式,不仅能够缓解国家之间的矛盾摩擦,增进政治互信,也有利于南海渔业资源的可持续发展。

Since the entry into the 21 st century, all the countries have shown the increasing demands for resourc.es, triggering the high probability of intense conflicts in their competition for resources. Actually, these conflicts could appropriately be resolved to achieve a win-win situation provided that these countries adopt the dialogue rather than the confrontation, and the cooperation rather than the deadlock in dealing with these issues. The South China Sea is one of the fishing grounds with most abundant fishery resources in the world. Nonetheless, the recent years have witnessed frequent disputes related to fisheries due to the improper law enforcement in the fisheries among some coastal countries in the South China Sea. Investigating the international laws and regional practice that are related to the law enforcement cooperation in the current fisheries, this paper suggests that a progressive mode of law enforcement cooperation in the fisheries might be built among the coastal countries of the South China Sea, which can not only reduce the tensions and enhance the politically mutual trust among these countries, but benefit the sustainable development of fishery resources in the South China Sea as well.