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Yann-huei Song

Abstract

The South China Sea (SCS) is one of the world’s richest marine biodiversity areas, with abundant and diverse marine resources. In recent years, however, due to rapid economic development and population growth, marine biodiversity in the SCS is being lost. Beginning in 1991, the participants in the Informal Workshop on Managing Potential Conflicts in the South China Sea (the SCS Workshop) agreed to recommend to the relevant governments to explore areas of cooperation in the SCS, which include the study of marine biodiversity. As a result, in March 2002, a joint biodiversity project was carried out around the undisputed Indonesian Islands of Anambas in the SCS. Other joint biodiversity projects have also been proposed, but with no progress. This article studies the joint efforts made by the participating authorities in the SCS Workshop process to understand better the current state of marine biodiversity in the SCS.

Yann-huei Song

Abstract

This article is a study of the EU's Common Fisheries Policy, focusing in particular on the restructuring of the European fishing fleet and the EU's structural fund aid made available to the fisheries sector to help deal with the problem of over-capacity. Four generations of MultiAnnual Guidance Programmes (MAGPs) for the fishing fleet have been adopted, which cover the period between 1983 and 2001, to deal with the problem of "too many fishing boats chasing too few fish" in the EU's maritime waters. By the end of 1996, only the UK and the Netherlands failed to meet their fleet-cutting target in terms of tonnage. Although the percentage of the structural funds provided by the EU to its Member States has been relatively small, the funds made available under the Financial Instrument for Fisheries Guidance (FIFG) has been used by the European Commission to compel certain Member States to meet the EU's fleet-cutting plan under MAGP.

Yann-huei Song

The government of the Philippines argues in the South China Sea arbitration case that all features in the Spratly archipelago are incapable of sustaining human habitation or economic life of their own. Even the largest feature in the Spratlys, that is, Taiping Island (Itu Aba), is a “rock” and accordingly, cannot generate maritime entitlement to a 200 nautical mile Exclusive Economic Zone (eez) under unclos.

Is Taiping Island an “island” or a “rock” under the unclos? Is Taiping Island capable of sustaining human habitation or economic life of its own? Is Taiping Island entitled to generate a 200-nm eez or a continental shelf? The purpose of this article is to answer these questions from the perspective of Taiwan. It is Taiwan’s position that Taiping Island is “a full-fledged island” and therefore can generate a 200-nm eez in accordance with Article 121 of unclos.

Yann-huei Song

Abstract

This article uses the International Commission for the Conservation of the Atlantic Tuna (ICCAT) and the interplay between two of its members, Japan and Taiwan, to demonstrate state and international efforts to combat illegal, unreported and unregulated (IUU) fishing. It examines changes in Japan's and Taiwan's fishing policies and the bilateral negotiations and agreements between them affecting the fisheries resource management of ICCAT. The article concludes that while ICCAT has been criticized for being unable to undertake adequate efforts to conserve and manage tuna resources in the ocean areas subject to its regulatory power, it successfully forced Taiwan to reduce the size of its Atlantic bigeye tuna fleet from 144 vessels in 2005 to 60 vessels in 2007. However, it is also urged that more actions should be taken by ICCAT to deal with IUU fishing by the fleets of other members, such as Japan and Italy.

Yann-huei Song

Abstract

This article surveys the declarations or statements made by the States or entities under Articles 287, 298, and 310 of the United Nations Convention on the Law of the Sea over the past thirty years when they signed, ratified, or acceded to the LOS Convention, or at any time thereafter, with regard to the interpretation and application of certain provisions contained in the Convention. This study shows that differences regarding the interpretation or application of the provisions of the Convention can be found in the declarations and statements made by States located in different geographical regions. The author suggests that a possible way to amend the Convention is to include an item for discussion in the agenda of future meetings of the UN General Assembly, the UN Open-ended Informal Consultative Process on Oceans and the Law of the Sea, or State Parties to the Convention.