Traditional fishing rights in international law: 'The South China sea arbitration'
Ryan North
What the paper says
Prior to the adoption of the 'Law of the Sea Convention' ('UNCLOS'), fishers using traditional techniques generally enjoyed the right to exploit fish stocks freely under customary international law. Moreover, if a community had engaged in an 'age-long exercise of fishing activities', international law upheld its right to continue to fish in traditional waters in breach of any competing claim to sovereignty or exclusive rights. Such rights have interchangeably been referred to as 'traditional fishing rights' (TFR) or 'artisanal fishing rights'. However, it was unclear whether such rights survived the adoption of the 'UNCLOS'. Further, if they had survived, the substance of TFR in contemporary international law was untested. In 2016, these matters were addressed by the 'South China Sea Arbitration'.
18 citations
Evidence weight
Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40
| F · citation impact | 0.00 × 0.4 = 0.00 |
| M · momentum | 0.80 × 0.15 = 0.12 |
| V · venue signal | 0.50 × 0.05 = 0.03 |
| R · text relevance † | 0.50 × 0.4 = 0.20 |
† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.