Management of Fishery Resources: A Starting Point Towards Cooperation in the East China Sea

The disputes in the East China Sea could be categorized into two parts: one is on the sovereignty of those island features, and the other is the maritime zones claimed by related Parties in the region. It is understandable that the best way to solve the disputes might be delimiting boundaries so that the areas of sovereignty and jurisdiction could be decided. However, such situation is not always possible. It is mainly because negotiation and adoption of a maritime boundary between the related Parties always focused on political considerations and there are no well-established as well as well-recognized regulations for making boundaries. It is recognized that “equitable solution” is one of the most important principles in boundary making. However, there are no definite elements which have been decided in jurisprudence. There have been cases which recognize geographical and geological factors, coastal length, traditional fishing activities, relative impact on the livelihood and economic dependency as considerations in setting maritime boundaries. Under such circumstances, joint development/joint cooperation then could be treated as a way to solve the disputes. This is not only an expectation made by the related Parties, but could also be found in the 1982 United Nations Convention on the Law of the Sea (unclos). Articles 74(3) and 83(3) of unclos,1 both provide “provisional arrangements” in situations before the boundary lines are agreed upon. The term “provisional arrangement” could be interpreted to refer to “joint cooperation” which is a popular term quoted and cited by the leaders of the Parties in the region. However, no practical exercises have been realized. Lack of political will is a possible reason. It is not difficult to locate opportunities for joint cooperation in the East China Sea region. Joint military exercises, joint development of hydrocarbon