1 China and the Law of the Sea: Historical Aspects
7
agreement was the establishment of conservation zones in the East China Sea in
the 1950s when sustainable development or other environmental principles had not
come into being. It is also remarkable that such conservation zones covered areas in
the high seas.
Both sides realized that the non-governmental fishery agreements had limitations in nature and were only implemented provisionally, and expected to conclude
an agreement at the governmental level.
17 However, such time to have a governmental agreement did not come until the normalization of diplomatic relations
between China and Japan in 1972. Following the establishment of diplomatic ties,
the two countries started their consultations on a governmental fishery agreement.
The Fishery Agreement between the Government of the People’s Republic of China
and the Government of Japan was finally signed on 15 August 1975, and came
into force on 23 December 1975.
18 Meanwhile, the non-governmental agreement
was terminated. The 1975 Agreement had been revised twice in 1978 and 1985.
19
Although the 1975 agreement introduced more rigid protective measures than the
non-governmental agreements, it was largely the same as the non-governmental ones,
in which six conservation zones and seven fishing closed zones were established to
protect the resources in the East China Sea and the Yellow Sea. Both sides acknowledged that the zones where the agreement applied were part of the high seas. Japanese
fishing boats were still permitted to operate along China’s coast, while the Japanese
government agreed to require its fishing boats to abide by the protection measures
under the Agreement.
20
The 1975 Agreement, like the non-governmental agreements, established fishery
zones which lie within 182 nautical miles (nm) from China’s coast both in the East
China Sea and the Yellow Sea.
21 However, the deterioration of fishery resources has
led most of Japanese fishing boats out of the west part of the East China Sea since the
end of 1970s. Meanwhile, China’s fishing capacity expanded dramatically in pace
with its economic development. Chinese fishermen started to explore the eastern
17 Article IX of the 1955 Agreement provides that “The PRC-Japanese Fishery Council of Japan
and the Fishery Association of the PRC shall endeavour to urge their respective governments to
open negotiations promptly to solve the fishery problems pending between Japan and the PRC and
conclude a fishery agreement on governmental level”; cited in Ohira and Kuwahara, supra note 13,
at 115.
18 Text in Fishery Administrative Bureau, Ministry of Agriculture, PRC (ed.), Sino-Japanese
Governmental Fishery Agreements and Non-Governmental Protocols on the Safety of Fishing
Operations (in Chinese), April 1993, 1–19.
19 They are concerned with the establishment of a horsepower restriction line inside which trawlers
and purse seiners of 600 hp or more are prohibited to enter; closed areas or suspension areas which
are completely closed during designated periods; and fishing restrictions concerning minimum body
length, minimum mesh size, light intensity fish-attracting devices, incidental catch limit. See Mark
J. Valencia, A Maritime Regime for Northeast Asia (Hong Kong: Oxford University Press, 1996),
at 258.
20 It allows that in the open seasons of these protection zones, fishermen from both countries are
allowed to enter those zones according to different limitation of number and horsepower of vessels.
21 J.R.V. Prescott, “Maritime Jurisdiction in East Asian Seas”, East-West Environment and Policy
Institute Occasional Paper No. 4, 1987, at 43.
7
agreement was the establishment of conservation zones in the East China Sea in
the 1950s when sustainable development or other environmental principles had not
come into being. It is also remarkable that such conservation zones covered areas in
the high seas.
Both sides realized that the non-governmental fishery agreements had limitations in nature and were only implemented provisionally, and expected to conclude
an agreement at the governmental level.
17 However, such time to have a governmental agreement did not come until the normalization of diplomatic relations
between China and Japan in 1972. Following the establishment of diplomatic ties,
the two countries started their consultations on a governmental fishery agreement.
The Fishery Agreement between the Government of the People’s Republic of China
and the Government of Japan was finally signed on 15 August 1975, and came
into force on 23 December 1975.
18 Meanwhile, the non-governmental agreement
was terminated. The 1975 Agreement had been revised twice in 1978 and 1985.
19
Although the 1975 agreement introduced more rigid protective measures than the
non-governmental agreements, it was largely the same as the non-governmental ones,
in which six conservation zones and seven fishing closed zones were established to
protect the resources in the East China Sea and the Yellow Sea. Both sides acknowledged that the zones where the agreement applied were part of the high seas. Japanese
fishing boats were still permitted to operate along China’s coast, while the Japanese
government agreed to require its fishing boats to abide by the protection measures
under the Agreement.
20
The 1975 Agreement, like the non-governmental agreements, established fishery
zones which lie within 182 nautical miles (nm) from China’s coast both in the East
China Sea and the Yellow Sea.
21 However, the deterioration of fishery resources has
led most of Japanese fishing boats out of the west part of the East China Sea since the
end of 1970s. Meanwhile, China’s fishing capacity expanded dramatically in pace
with its economic development. Chinese fishermen started to explore the eastern
17 Article IX of the 1955 Agreement provides that “The PRC-Japanese Fishery Council of Japan
and the Fishery Association of the PRC shall endeavour to urge their respective governments to
open negotiations promptly to solve the fishery problems pending between Japan and the PRC and
conclude a fishery agreement on governmental level”; cited in Ohira and Kuwahara, supra note 13,
at 115.
18 Text in Fishery Administrative Bureau, Ministry of Agriculture, PRC (ed.), Sino-Japanese
Governmental Fishery Agreements and Non-Governmental Protocols on the Safety of Fishing
Operations (in Chinese), April 1993, 1–19.
19 They are concerned with the establishment of a horsepower restriction line inside which trawlers
and purse seiners of 600 hp or more are prohibited to enter; closed areas or suspension areas which
are completely closed during designated periods; and fishing restrictions concerning minimum body
length, minimum mesh size, light intensity fish-attracting devices, incidental catch limit. See Mark
J. Valencia, A Maritime Regime for Northeast Asia (Hong Kong: Oxford University Press, 1996),
at 258.
20 It allows that in the open seasons of these protection zones, fishermen from both countries are
allowed to enter those zones according to different limitation of number and horsepower of vessels.
21 J.R.V. Prescott, “Maritime Jurisdiction in East Asian Seas”, East-West Environment and Policy
Institute Occasional Paper No. 4, 1987, at 43.