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The Korean Journal of International and Comparative Law

Historic Fishing Rights in Foreign Exclusive Maritime Zones: Preserved or Proscribed by UNCLOS?

Picture of Sourabh Gupta
Sourabh Gupta

Resident Senior Fellow

Sourabh Gupta is the author of the article Historic Fishing Rights in Foreign Exclusive Maritime Zones: Preserved or Proscribed by UNCLOS? for the newly released Korean Journal of International and Comparative Law.

Abstract:

The South China Sea Arbitration is only the fourth case since the entry into force of the UN Convention on the Law of the Sea to touch on the issue of historic rights – in this case, traditional fishing rights. Traditional or artisanal fishing rights are acquired rights. This article reviews the basis and characteristics of a historic rights claim and compares it with the origin and properties of an entitlement-based fishing rights claim, which the Third UN Conference on the Law of the Sea mainstreamed into the body of international maritime law. And in light of this comparison, the article evaluates the Tribunal’s Award on the geographic scope of application of historic or traditional fishing rights in the exclusive maritime zones of a coastal State.

Product Details:

ISSN: 2213-4476

About the Author:

Picture of Sourabh Gupta

Sourabh Gupta

Resident Senior Fellow

Sourabh Gupta is a senior Asia-Pacific international relations policy specialist with two decades of Washington, D.C.-based experience in a think tank and political risk research and advisory capacity. His key area of expertise pertains to the intersection of international law, both international maritime law (Law of the Sea) and international trade and investment law, with the international relations of the Asia-Pacific region. His areas of specialization include: analysis of major power relationships (China-U.S., China-Japan, China-India, U.S.-Japan, U.S.-India, Japan-India; Russia-Japan relations) and key flashpoint issues in the Asia-Pacific region; analysis of outstanding territorial disputes and maritime law-related developments in Asia; and analysis of developments in World Trade Organization and Asia-Pacific investment, trade and economic regionalism-related policy and politics.