Ⅳ. Follow-up and Institutional Analysis︱
Distant water fisheries nations have the right to fish on the high seas beyond
the 200 nautical-mile limit under Article 116 of UNCLOS. At the same
time, restrictions are placed on the type of fish stocks, fishing gear, fishing
technique, and fishing area14.
A number of key documents were subsequently passed by the United
Nations to bring about the effective conservation and maintenance of order
in international fisheries. The passing of the United Nations Agreement for
the Implementation of the Provisions of the United Nations Convention
on the Law of the Sea of December 10, 1982, relating to the Conservation
and Management of Straddling Fish Stocks and Highly Migratory Fish Stock
on August 4, 1995, marked the end to the freedom of fishing at will on the
high seas15. In the foreword of Distant Waves, former COA deputy minister
Sha Chih-I noted that: “Management of high seas, regional disputes over
fishing rights, and the Taiwan question spurred the creation of the 1995
UN agreement on fishing stocks.” The unique international status of Taiwan
led to the term “fishing entity”16 being coined so that Taiwan could be
13. See Article 56 of the United Nations Convention on the Law of the Sea.
14. Wang K.H. (2011), Globalization, Maritime Ecology, and New Trends in the Development of
International Fisheries Laws, Showwe Information, p.4.
15. Liao, W.C. (2008), The International Law of the Sea: Maritime Delimitation and Fisheries
of the High Sea, Yang-Chih Book, p.166.
16. Overseas Fisheries Development Council of The Republic of China (2016), Distant Waves (踏
浪千行), Global Views Commonwealth Publishing, p.13~15.
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