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2021 China Oceans L. Rev. 125 (2021)
Basic of International Treaties for the Fisheries Protection Zone around Svalbard

handle is hein.journals/cholr2021 and id is 541 raw text is: Basis of International Treaties for the Fisheries Protection Zone around Svalbard 125
Basis of International Treaties for the
Fisheries Protection Zone around Svalbard
ZHI Xuan*
Abstract: In spite of the Svalbard Treaty, which regulates the utilization
of resources such as fisheries in the Svalbard Archipelago, Norway's move to
establish and exercise jurisdiction over a fisheries protection zone on the islands
has stirred up controversy from multiple States Parties. In this case, Svalbard
Fisheries Protection Zone per se is subject to the explanation and demonstration
of several international treaties, i.e. the Svalbard Treaty, the United Nations
Convention on the Law of the Sea, and the Agreement to Prevent Unregulated High
Seas Fisheries in the Central Arctic Ocean. Accordingly, this paper discusses the
rights and obligations with respect to Svalbard shared by different States based on
international treaties, and proposes China's participation in Arctic governance and
expansion of Arctic rights and interests in the context of the islands issue.
Key Words: Fisheries Protection Zone around Svalbard; Svalbard Treaty;
Non-discrimination principle; Arctic governance
15 June 1977 witnessed the issuance of the Decree No. 6 of 1977 relative
to the fishery protection zone of Svalbard of 1977 (hereinafter the Svalbard
FPZ Decree) by the Norwegian Ministry of Foreign Affairs, announcing the
establishment of the Fisheries Protection Zone (FPZ) around the Svalbard
Archipelago (also known as the Spitsbergen Archipelago, hereinafter Svalbard)
and the exercise of jurisdiction over it, subject to the specific administration of
the Norwegian Ministry of Fisheries. There are, however, a number of Norway's
initiatives, including the catch quota allocation based on historical catch records,
that fail to be fully recognized by other States having catch quotas in this area and
*   ZHI Xuan, KoGuan School of Law, Shanghai Jiao Tong University. This article won the
third prize of the 2020 Haifa Cup Essay Competition.

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