MAINTAINING FISH STOCKS UNDER EUROPEAN UNION COMMON FISHERY POLICY: GARRET HARDIN'S TRAGEDY OF THE COMMONS PERSPECTIVE

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Abstract

The South China Sea dispute between China, Philippines, Vietnam and other disputing countries has been one of the biggest international issues in the modern era, this issue firstly risen when China registering their “Nine-Dash Line” to the United Nation back at 7 May of 20091 i.e., the ancient maps of China that illustrate 9 Line over South China Sea, furthermore this Issue exploded when China commencing action on the South China Sea which “by any means” breaching other Countries sovereignty over the South China Sea and those breached countries stating that China`s action was a violation to the United Nation Convention on the Law of the Sea (“UNCLOS”). Afterwards, the Phillipines Government taking this into account and perform an action which submitting their objection to the Permanent Court of Arbitration (“Tribunal”) using UNCLOS as their legal grounds to settle the dispute.
In general, Phillipnes has rise 15 (fifteen) objections to the Tribunal, but the objections can be simplified into 3 (three) main issues including (i) the violation toward UNCLOS on China`s action based on Nine-Dash Line in the South China Sea i.e., Historical Rights, (ii) sovereign
rights of the Phillipines and China over South China Sea2 and (iii) the legal status of several feature over Nine-Dash Line.