The Right to Fish and International Law in the South China Sea

Journal of Political Risk, Vol. 4, No. 1, January 2016

Two Filipino fishermen signal they are in distress to Sailors from USS Mustin (DDG 89) after their fishing boat was disabled in the South China Sea. Fishing rights in this region continue to be contested. Source: U.S. Pacific Fleet via Flickr.

Leonardo Bernard

Summary

One of the most important disputes that exist between states surrounding the South China Sea is over fishing rights, as most of the states bordering the South China Sea assert an exclusive right to fish in parts of it. For example, the Philippines and Vietnam claim that they have an exclusive right over fisheries resources in the waters within 200 nautical miles (M) of their respective mainland coasts. China also declares the right to exploit fisheries resources in the South China Sea, but not only in the waters within 200 M from its mainland coast and from the Paracel Islands. By using the ‘U-shaped line’, China’s claim extends beyond any possible exclusive economic zone (EEZ) limits that can be generated by its mainland and by any islands in the South China Sea over which it claims sovereignty. China, however, has not clarified the meaning of the U-shaped line map, nor the maritime zones generated by the islands in the South China Sea over which it claims sovereignty. Continue reading