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南海仲裁案裁决对于南海渔业问题是危机,也是契机。《联合国海洋法公约》并不十分有利于南海渔业资源保护,需要在其框架下促进多边合作的法治进程。南海渔业资源养护与管理的国际法构成现状既与渔业资源特性有关,又与南海的特殊性有关。其构成未能较好地促进渔业资源可持续发展,也未能体现实质公平。考虑到后仲裁时代中国与南海诸国的关系紧张,建议从两岸合作着手,共同努力以服务获取话语权,进一步优化南海渔业养护与管理的软法、硬法构成配置,实现资源利用与养护的更好平衡。
The arbitration award in the South China Sea is a crisis and a turning point for the fishery issue in the South China Sea. The “UN Convention on the Law of the Sea” is not very conducive to the conservation of fishery resources in the South China Sea and needs to promote the rule of law process of multilateral cooperation within its framework. The status quo of the international law for the conservation and management of fishery resources in the South China Sea is not only related to the characteristics of fishery resources but also to the particularities of the South China Sea. Its composition failed to promote the sustainable development of fishery resources and did not reflect the substantial fairness. Taking into account the post-arbitration era of tensions between China and the South China Sea countries, it is proposed starting from the cross-Strait cooperation to work hard to obtain the right to speak, to further optimize the South China Sea fisheries conservation and management of soft, hard law constitute a configuration, resource utilization and conservation Better balanced.