On the legal status of marine fishery resources: From the perspectives of international fishery law.

ABSTRACT

The legal status of marine fishery resources is analyzed from a spatial perspective States have the right for their nationals to engage in fishing activities in the corresponding maritime areas based on the sovereignty, sovereign rights, the principle of freedom of the high seas as well as the principle of the common heritage of mankind of the Area under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Meanwhile, the legal status of marine fishery resources is analyzed from two aspects in terms of contents the legal regime of exploitation and utilization of marine fishery resources and the legal regime of conservation and management of marine fishery resources. The transformation of marine fishery resources from natural resources to individual catches involves the regime of ownership. There is no specific regime of ownership regarding marine fishery resources under UNCLOS or other international legal instruments, which should be stipulated by domestic laws.