Advertisement
On May 9, the Chinese government finally approved the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAOFA) and will subsequently deposit the instrument of approval with the government of Canada. The CAOFA was signed on October 3, 2018 by the five Arctic Ocean coastal states Canada, Denmark (acting on behalf of Greenland and the Faroe Islands), Norway, Russia, and the United States together with China, the European Union (EU), Iceland, Japan, and South Korea (the so-called Arctic 5+5).
According to Article 11 (1) of the CAOFA, the agreement will enter into force 30 days after all signatory parties have deposited their instruments of ratification with Ottawa. China is the last country among the Arctic 5+5 to approve the CAOFA; the agreement is thus expected to enter in force this month.
The CAOFA will fill in a gap of Arctic fisheries management, marking a milestone for the protection of Arctic environment under international law. This piece aims to review Chinas engagement with the CAOFA negotiations, discuss potential reasons behind the slow approval process of the agreement, and share some initial thoughts on the future of Arctic fisheries governance given Chinas rise.
The Negotiations
The Arctic Five has long self-claimed a stewardship role in the Arctic. Nevertheless, the United Nations Convention on the Law of the Sea (UNCLOS) provides states the freedom to fish in the high seas. The central Arctic Ocean (CAO) around the North Pole is the high sea portion of the Arctic, where non-Arctic states enjoy certain fishing rights. The CAO used to be ice-covered, without commercial fishing activities, and therefore was out of sight of any regulatory effort. Due to climate change, however, a warming Arctic is witnessing fish moving northward. Consequently, commercial fisheries in the CAO may occur in the foreseeable future.
Enjoying this article? Click here to subscribe for full access. Just $5 a month.
The initiative to adopt the CAOFA, led by the United States, dates to 2007. However, the Arctic states realized that cooperation with key high-sea fishing states was necessary to achieve effective fisheries management in the CAO. On July 16, 2015, the Arctic Five adopted the Declaration Concerning the Prevention of Unregulated High Sea Fishing in the Central Arctic Ocean, known as the Oslo Declaration. China, the European Union, Iceland, Japan, and South Korea were invited to participate in negotiations for the regulation of potential fisheries in the central Arctic Ocean.
China now boasts the worlds largest distant water fishing (DWF) fleet, with 2,654 fishing vessels operated by 169 DWF companies on the high seas of the Pacific, Indian, Atlantic, and Southern oceans, as well as in the exclusive economic zones (EEZs) of 42 countries. It is clearly stated in Chinas 13th Five-Year (2016-2020) Plan for the Development of the National Distant Water Fishing Industry that China will pay more attention to and join other parties in issues related to Arctic fisheries and participate in Arctic fisheries surveys and management.
Get briefed on the story of the week, and developing stories to watch across the Asia-Pacific.
Largely because no commercial fisheries have yet opened in the CAO, the Chinese delegation quietly attended all the CAOFA negations and science meetings: in Washington, D.C. (December 2015 and April 2016), Nunavut (July 2016), Troms (September 2016), Trshavn (November/December 2016), Reykjavik (March 2017), Ottawa (October 2017) and finally Washington, D.C. (November 2017). Despite its under-the-radar presence, the talks marked the first time that China, as a non-Arctic state, was sitting equally with Arctic states to negotiate a treaty for the region.
China paid particular attention to issues such as the Program of Scientific Research and Monitoring (Article 4.2), the step-wise approach toward the establishment of a regional fisheries management organization for the CAO, as well as the duration of the agreement to ban commercial fisheries, which as a political compromise was set for 16 years (Article 13).
The Slow Approval Process
Although China was supportive of the adoption of the CAOFA and signed it alongside the other nine parties, it took nearly three years for the Chinese government to approve the agreement.
According to Article 7 of the Law of the Peoples Republic of China on the Procedure of the Conclusion of Treaties (PRC Treaty Law):
the ratification of treaties and important agreements shall be decided upon by the Standing Committee of the National Peoples Congress After the signing of a treaty or an important agreement, the Ministry of Foreign Affairs or the department concerned under the State Council in conjunction with the Ministry of Foreign Affairs shall submit it to the State Council for examination and verification; the State Council shall then refer it to the Standing Committee of the National Peoples Congress for decision on ratification; the President of the Peoples Republic of China shall ratify it in accordance with the decision of the Standing Committee of the National Peoples Congress.
It is provided by Article 8 of the PRC Treaty Law that:
After the signing of the agreements and other instruments of the nature of a treaty which do not fall under paragraph 2, Article 7 of this Law and which are subject to approval as prescribed by the State Council or as agreed by the contracting parties, the Ministry of Foreign Affairs or the departments concerned under the State Council in conjunction with the Ministry of Foreign Affairs shall submit them to the State Council for approval.
Enjoying this article? Click here to subscribe for full access. Just $5 a month.
Given the CAOFA was only approved by the State Council, this means the CAOFA is not categorized as an important agreement by the Chinese government. It is therefore unusual for China to approve an international agreement, which was already agreed through serious negotiations, through such a lengthy process.
In the authors opinion, rising geopolitical tension between the United States and China during the Trump era has played a significant part in Chinas slow approval of the CAOFA. China was clearly defined as a threat to the rules-based order in the Arctic by the U.S. Department of Defenses Arctic Strategy in 2019. When the Trump administration approved a plan in 2020 to build more polar icebreakers, it was obvious that security concerns outweighed environmental considerations, while competition rather than cooperation had become the watchword for the United States Arctic policy.
Since the inauguration of Biden administration in January, bilateral relations between the United States and China have remained tense but there are positive signs for cooperation in areas of shared concern, such as climate change. John Kerrys trip to Shanghai in April 2021 led to the U.S.-China Joint Statement Addressing the Climate Crisis. The approval of the CAOFA is a latest signal from China that it is willing to cooperate with the West on certain issues, the Arctic being one.
Furthermore, we must not ignore the fact that China approved the CAOFA at the beginning of the Russian Chairmanship of the Arctic Council in May 2021. In 2019, China and Russia agreed to upgrade the bilateral relations to a comprehensive strategic partnership. This partnership specifically includes Arctic cooperation.
The Future
The entry into force of the CAOFA marks a new beginning for fisheries management in the changing Arctic. In recent years, China has been pushing a narrative of balance between the environmental protection and rational use for global ocean governance, including in the polar regions. For example, Chinas 2018 Arctic Policy White Paper states that conservation in a scientific manner and of rational use is Chinas stance regarding the governance of marine living resources in the Arctic high seas. Even though the CAOFA does not mention rational use at all, this term is echoed by the Priorities of the Russian Chairmanship of the Arctic Council 2021-2023.
The Preamble of the CAO Agreement states that:
commercial fishing is unlikely to become viable in the high seas portion of the central Arctic Ocean in the near future it is therefore premature under current circumstances to establish any additional regional or subregional fisheries management organizations or arrangements for the high seas portion of the central Arctic Ocean
In the years to come, during the period of 16-year ban on commercial fishing in the CAO, it is expected that China will pay close attention to understand potential fisheries opportunities in the CAO, actively participate in the Joint Program of Scientific Research and Monitoring, and conduct exploratory fishing. However, although all parties agreed upon a step-wise approach to adopt the CAOFA, the next step either to continue the ban or to establish a regional fisheries management organization to sustainably manage fishing may become a major tension point between China and the West in the foreseeable future.
See the article here:
- High Seas Forecast (Tropical Atlantic) - December 8th, 2016 [December 8th, 2016]
- U.S. High Seas Marine Text Forecasts by Area - December 10th, 2016 [December 10th, 2016]
- Global High Seas Marine Preserve A non-profit dedicted ... - February 2nd, 2017 [February 2nd, 2017]
- New centre for high seas visitors in Angus - The Courier - The Courier - February 11th, 2017 [February 11th, 2017]
- Naval Presence on High Seas Underscored - Financial Tribune - February 11th, 2017 [February 11th, 2017]
- Pirates Face Push Back On The High Seas - American Media Institute - February 12th, 2017 [February 12th, 2017]
- Queen Mary 2 to Host High Fashion on the High Seas - Cruise Hive - Cruise Hive - February 13th, 2017 [February 13th, 2017]
- Nigeria Rescues Oil Tanker From High-Seas Pirates - OilPrice.com - February 13th, 2017 [February 13th, 2017]
- Cabin cam shows the hilarious frustration of rolling on the high seas - Pickle - February 13th, 2017 [February 13th, 2017]
- Ransomware Gangs Have Become the High-Seas Pirates of the Internet - On the Wire (blog) - February 13th, 2017 [February 13th, 2017]
- Suspect in high-seas homicides hospitalized, putting case on hold - Sacramento Bee - February 15th, 2017 [February 15th, 2017]
- Gargrave Pantomime Group hit the high seas with Sinbad the Sailor - Craven Herald - February 16th, 2017 [February 16th, 2017]
- Sailing the high seas: Top cruises for first-timers, families and excursions in 2017 - Malay Mail Online - February 16th, 2017 [February 16th, 2017]
- The Cold War returns to the high seas (opinion) - CNN.com - CNN - February 16th, 2017 [February 16th, 2017]
- All aboard for Cosplay on the high seas, Latest Travel News - The ... - The New Paper - February 17th, 2017 [February 17th, 2017]
- The Cold War returns to the high seas - CNN International - February 17th, 2017 [February 17th, 2017]
- Star-Studded Broadway on the High Seas 8 Sets Sail Feb. 17 - Playbill.com - February 17th, 2017 [February 17th, 2017]
- 'The internet is like the high seas' - Deutsche Welle - February 18th, 2017 [February 18th, 2017]
- Sailing the high seas - Fiji Times - February 18th, 2017 [February 18th, 2017]
- In Dramatic High Seas Rescue, Four Fishermen Rescued By Good Samaritans Off Galveston, Texas, Coast - Patch.com - February 18th, 2017 [February 18th, 2017]
- Greg McQuade discovers life on the high seas aboard USS Dwight D. Eisenhower - wtvr.com - February 18th, 2017 [February 18th, 2017]
- Escape to the high seas at the National Aviary - NEXTpittsburgh - February 22nd, 2017 [February 22nd, 2017]
- Ocean Prediction Center-Coastal, Offshore and High Seas ... - February 22nd, 2017 [February 22nd, 2017]
- Lagerstein hitting the high seas for Rum City - Bundaberg News Mail - February 23rd, 2017 [February 23rd, 2017]
- Scapa Flow German High Seas Fleet scrap sites explored - The ... - The Orcadian - February 24th, 2017 [February 24th, 2017]
- Two boats towed in harbor in high seas - Cayman Compass - February 24th, 2017 [February 24th, 2017]
- Take to the high seas with Condor Sailing Adventures - Pensacola News Journal - February 25th, 2017 [February 25th, 2017]
- Aging high-seas murder suspect out of hospital and back in court - Sacramento Bee - March 1st, 2017 [March 1st, 2017]
- Masters of the waves talk of high seas, thrills & spills - The New Indian Express - March 2nd, 2017 [March 2nd, 2017]
- Campbell River Sea Cadet off to England to hit the high seas - Campbell River Mirror - March 3rd, 2017 [March 3rd, 2017]
- Survival on the high seas (From The Northern Echo) - The Northern Echo (registration) - March 3rd, 2017 [March 3rd, 2017]
- Industry 4.0 on the High Seas - MarineLink - March 3rd, 2017 [March 3rd, 2017]
- New Pirates Of The Caribbean: Dead Men Tell No Tales Trailer Brings Us More Action On The High Seas! - LRM Online (press release) (blog) - March 4th, 2017 [March 4th, 2017]
- Eco-warriors meet government authority on Ballina's high seas - Echonetdaily - March 6th, 2017 [March 6th, 2017]
- Tech on the high seas: Fred Olsen IT chief chats cloud, connectivity and security - www.v3.co.uk - March 7th, 2017 [March 7th, 2017]
- Why newbie Drusilla is preparing for life on the high seas - The Wharf - The Wharf - March 7th, 2017 [March 7th, 2017]
- Bhang Travel Inc. Brings Cannabis Networking to the High Seas - PR Web (press release) - March 8th, 2017 [March 8th, 2017]
- Drama on the high seas: East Kilbride couple reveal dramatic rescue after boat sinks in Gulf - Scottish Daily Record - March 8th, 2017 [March 8th, 2017]
- Journey through the high seas - The Standard - March 10th, 2017 [March 10th, 2017]
- French, Irish yacht sailors survive high seas off Australia's coast - TRT World - March 10th, 2017 [March 10th, 2017]
- 3 Digital Marketing Lessons From a Lawyer Focused on the High Seas - Entrepreneur - March 11th, 2017 [March 11th, 2017]
- Captain Cannonball sails the high seas as a pirate - Destin.com - Destin Log and Walton Log - April 8th, 2017 [April 8th, 2017]
- No clean boats on the high seas | Kochi News - Times of India - Times of India - April 8th, 2017 [April 8th, 2017]
- Trekr Racing makes its debut on the high seas - Washington Blade - Washington Blade - April 8th, 2017 [April 8th, 2017]
- Real 'Pirate Women' On The High Seas Of Old | On Point - WBUR - WBUR - April 8th, 2017 [April 8th, 2017]
- Cruise Operators Continue to Hide Behind the Death on the High ... - Cruise Law News - April 8th, 2017 [April 8th, 2017]
- Cruise ship crime: Who's in charge of law and order on the high seas? - Star2.com - June 6th, 2017 [June 6th, 2017]
- Footprints: PERIL ON THE HIGH SEAS - DAWN.com - June 6th, 2017 [June 6th, 2017]
- You can gamble on the high seas out of Galveston, but it might not always be smooth sailing - Rare.us - June 6th, 2017 [June 6th, 2017]
- An Energy Shock from the High Seas - Wall Street Journal (subscription) - June 6th, 2017 [June 6th, 2017]
- Navy dispatched 52 flotillas to high seas in 8 years - Mehr News Agency - English Version - June 7th, 2017 [June 7th, 2017]
- Barker and Team Japan ruling the high seas - Royal Gazette - June 7th, 2017 [June 7th, 2017]
- Hitting The High Seas: US LNG Finds A Home - Seeking Alpha - June 7th, 2017 [June 7th, 2017]
- A U-Boat Strikes and Terror Follows on the High Seas - New York Times - June 7th, 2017 [June 7th, 2017]
- HOPE LARSON and REBECCA MOCK Hit the High Seas with KNIFE'S EDGE - Newsarama - June 8th, 2017 [June 8th, 2017]
- Geopolitics On The High Seas And In Today's Headlines | On Point - WBUR - June 8th, 2017 [June 8th, 2017]
- World Oceans Day Comes at a Critical Time for High Seas - Natural Resources Defense Council - June 8th, 2017 [June 8th, 2017]
- High seas force Durban beaches closure | Berea Mail - Berea Mail - June 9th, 2017 [June 9th, 2017]
- African states band together to defeat crime on high seas | News24 - News24 - June 10th, 2017 [June 10th, 2017]
- Handmade boat for the high seas - New Straits Times Online - June 12th, 2017 [June 12th, 2017]
- High Seas, High "C"s: "The Little Mermaid," at the Prospect Park Auditorium through June 18 - River Cities Reader - June 13th, 2017 [June 13th, 2017]
- 'Skull & Bones' takes open world online gaming to the high seas - Engadget - June 13th, 2017 [June 13th, 2017]
- The Electric, Driverless Revolution Is About to Hit the High Seas ... - Bloomberg - June 13th, 2017 [June 13th, 2017]
- Brazil Gets Ready to Fight on the High Seas and Sets Aside US$ 1.8 Bi for New Warships - Brazzil.com - June 16th, 2017 [June 16th, 2017]
- Skull and Bones is pure high seas sailing fun from Ubisoft - Critical Hit - June 16th, 2017 [June 16th, 2017]
- Disney PhotoPass coming to capture your high-seas adventure on Pirates of the Caribbean at Magic Kingdom - Inside the Magic - June 16th, 2017 [June 16th, 2017]
- Coast Guard unloads 18 tons of cocaine seized on the high seas - The San Diego Union-Tribune - June 16th, 2017 [June 16th, 2017]
- High seas inspire collection - Royal Gazette - June 17th, 2017 [June 17th, 2017]
- High Yields on the High Seas | Equities.com - Equities.com - June 20th, 2017 [June 20th, 2017]
- Spectacle on the high seas: The best boat races in the Caribbean - USA TODAY - June 20th, 2017 [June 20th, 2017]
- Taking the Fight to the High Seas with the Dutch Royal Navy - MMORPG.com (press release) (registration) (blog) - June 22nd, 2017 [June 22nd, 2017]
- Big waves close coastal walkway, but some still brave stormy seas - Taranaki Daily News - June 26th, 2017 [June 26th, 2017]
- Seniors make waves with high-seas whodunit - Simi Valley Acorn - June 26th, 2017 [June 26th, 2017]
- High seas adventures at the Hannibal Aquatic Center - Hannibal.net - June 26th, 2017 [June 26th, 2017]
- Come See the Value Opportunities I Saw on the High Seas - TheStreet.com - June 26th, 2017 [June 26th, 2017]
- High seas adventures at the Hannibal Aquatic Center - Columbia Daily Tribune - June 27th, 2017 [June 27th, 2017]
- Slovenia wins battle with Croatia over high seas access - BBC News - June 30th, 2017 [June 30th, 2017]
- Arbitration panel grants Slovenia access to high seas - Fox News - July 2nd, 2017 [July 2nd, 2017]
- High Seas Governance Must Take Account of Existing IMO Framework - Hellenic Shipping News Worldwide - July 14th, 2017 [July 14th, 2017]
- An app to track missing people on high seas - Times of India - July 14th, 2017 [July 14th, 2017]