- 期刊
論1993年聯合國糧農組織之《促進公海漁船遵守國際養護與管理措施協定》
On 1993 FAO Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas: With Special Reference to Its Impact upon Taiwan's High Seas Fisheries
摘要
為處理公海漁業持續惡化問題，特別是漁船之換旗問題，聯合國糧農組織在1993年通過《促進公海漁船遵守國際養護與管理措施協定》，協定雖未改變傳統公海捕魚自由與公海船旗國專屬管轄權之大理念，但認知到要處理公海漁業養護必須加重船旗國責任，並且責成所有國家不僅要在與漁船間有「真實聯繫」始得賦予漁船懸掛該國旗幟權利，且需確認該漁船並未從事違反國際養護與管理措施效力；另外，責成船旗國必須將漁船之特定資料提交聯合國糧農組織，將公海作業透明化。然臺灣因為特殊國際地位以致不能參與該《協定》，但該協定卻仍對臺灣公海漁業有所衝擊，本文亦試圖分析該《協定》對臺灣公海漁業之影響。
並列摘要
Facing the continuing deterioration of high seas fisheries, in particular the problem of change of flags by fishing vessels, the United Nations Food and Agriculture Organization adopted the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas in 1993. Despite the fact that the Compliance Agreements does not challenge the deeply-rooted traditional concepts of the freedom of fishing on the high seas and the exclusive jurisdiction of flag State on the high seas, however, the 1993 Compliance Agreement, by acknowledging the conservation of high seas fisheries rests upon the will of relevant flag States, does impose certain obligations upon flag State. These obligations include, but not limited to, that States may allow a fishing vessel to fly its flag only there is a genuine link between that State and fishing vessel. Moreover, a State can grant the right to fly its flag only when it is assured that the fishing vessel has not engaged any fishing activities that damage the effects of international conservation and management measures. Furthermore, Parties to the 1993 Compliance Agreement are obliged to provide certain fishing vessel information to the FAO with a view to enhancing the transparency of their fishing activities on the high seas. With respect to Taiwan, the 1993 Compliance Agreement does have impact upon Taiwan's high seas fisheries despite the fact that Taiwan is not being able to be a party to that Agreement. This article also analysis such impacts.