︱Road to Migrant Fishers’ Rights fishermen hired overseas should be based on ILO Convention No.188 (C188) and international mechanisms. The regulations governing working and living conditions should be adjusted and implemented in accordance with C188 to progressively close the gap with the Labor Standards Act12 . The Labor Standards Act is a mandatory public law. Applying a public law directly to labor contracts established overseas runs into problems with extraterritorial jurisdiction which tests Taiwan’s ability and limitations on exercising public authority overseas. When a contract is signed overseas, the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements applies and will most likely cause issues such as which laws to apply. Most domestically hired fishermen work on inshore and offshore fishing vessels. They have always been covered by the Labor Standards Act. Those hired overseas are generally fishermen on distant water fishing vessels. Employment is in the form of fixed-term contracts where employment, work, and dismissal all take place overseas. The employer and employee can in theory agree to be bound by the Labor Standards Act of Taiwan. 12. Letter No. 1100233521 issued by the COA on August 27, 2021. 050