Status of Indonesia's sovereign rights in the north natuna sea conflict area consequences of China's nine-dash line claim

The existence of sovereign rights in the North Natuna Sea has begun to be disturbed since China's claim of traditional fishing rights was strengthened by the nine-dash line claim. This claim includes the North Natuna Sea area into China's territorial sea, which makes this area a conflict area. The problem in this research is the existence of traditional fishing ground rights in UNCLOS III 1982 and the impact of the nine-dash line claim on Indonesia's sovereign rights in the conflict area of ??the North Natuna Sea. This study uses a normative legal research method with a statutory and conceptual approach. The results of the study explained that the 1982 UNCLOS III did not regulate traditional fishing ground, and the impact of the nine-dash line claim is very significant, as can be seen from the activities of Chinese fishers in the North Natuna Sea, which are supported by Chinese coast guard vessels, which have disrupted Indonesia's enjoyment of its sovereign rights. Thus, it can be concluded that the traditional fishing ground rights with the nine-dash line claim are not based on international law but are only based on China's unilateral claims and create conflicts that impact Indonesia.

Adrift

The years following the Second World War saw dramatic national expansion into the ocean. The United States began the process in 1945 by claiming the continental shelf and expanded fishing rights. Other countries followed suit, sometimes with even more ambitious claims. New concerns about overfishing motivated many countries to expand their national waters. National pressure on freedom of the seas combined with a conceptual challenge as newly independent countries argued that the doctrine had aided colonialism by the West. On the environmental front, figures like Rachel Carson warned about the damage humans were inflicting on the oceans. Meanwhile, ocean commerce went through a revolution prompted by the development of container shipping. The Soviet Union became a major maritime power, a transformation that would have major implications for the effort to provide a new legal framework for the oceans.

Bridging Cultural Concepts of Nature: Indigenous People and Protected Spaces of Nature

National parks and other preserved spaces of nature have become iconic symbols of nature protection around the world. However, the worldviews of Indigenous peoples have been marginalized in discourses of nature preservation and conservation. As a result, for generations of Indigenous peoples, these protected spaces of nature have meant dispossession, treaty violations of hunting and fishing rights, and the loss of sacred places. Bridging Cultural Concepts of Nature brings together anthropologists and archaeologists, historians, linguists, policy experts, and communications scholars to discuss differing views and presents a compelling case for the possibility of more productive discussions on the environment, sustainability, and nature protection. Drawing on case studies from Scandinavia to Latin America and from North America to New Zealand, the volume challenges the old paradigm where Indigenous peoples are not included in the conservation and protection of natural areas and instead calls for the incorporation of Indigenous voices into this debate. This original and timely edited collection offers a global perspective on the social, cultural, economic, and environmental challenges facing Indigenous peoples and their governmental and NGO counterparts in the co-management of the planet’s vital and precious preserved spaces of nature.

Sustaining Tribal Fisheries: U.S. Economic Relief Policies during COVID-19

This article reviews the individual spend plans of U.S. states granted a funding allocation under Sec. 12005 of the Coronavirus Aid Relief and Economic Security (CARES) Act to identify consistency with legislative mandates to support Tribal commercial, subsistence, cultural, or ceremonial fisheries negatively impacted by the COVID-19 pandemic. Utilizing critical discourse analysis, this study identifies state discursive practices in supporting Tribal sovereignty in fisheries management for the advancement of Indigenous Ocean justice. State spending plans (n = 22) publicly available and submitted to the National Oceanic and Atmospheric Administration before July 2021 were reviewed. Few of the state spend plans listed impacts to Tribal fisheries due to the pandemic. Only two state plans included Tribal consultation and direct economic relief for commercial, subsistence, cultural, and/or ceremonial losses faced by neighboring Tribes and Tribal citizens. Overall, the protections within the CARES Act for Tribal fisheries were not integrated into state spend plans. The article identifies best practices for state fisheries relief policy content that is affirming of Tribal fishing rights and uses them to help address the ongoing pandemic crisis facing Tribal fisheries. These findings have relevance for future emergency relief programs that are inclusive of Tribal Nations. Honoring Tribal sovereignty and the federal trust responsibility must be the cornerstone of shared sustainable fisheries.

Traditional Fishing Rights for Bendega (Balinese Traditional Fisherman)

Bendega is one of the cultural heritage of Balinese ancestors is a social organization whose existence has begun to decrease. This existence is closely related to their rights and obligations as part of the main community members in the coastal areas of Bali. This study aims to determine the rights and obligations of fishermen based on applicable regulations and to find out whether these rights and obligations have gone in harmony. This study used the normative-empirical legal research method. Normatively, this study is done through literature studies and empirically conducted by distributing random questionnaires to several fishermen in Bali. Based on the analysis, the results of this study showed that some fishermen have never read Local Government Regulations of Bali Number 11 year 2017 about Bendega. Some of them feel the right to catch fish is a result of business activities in other sectors. The effectiveness of legislation has not been running optimally. The community, especially the fishermen, need re-socialization related to their knowledge of Local Government Regulations of Bali Number 11 year 2017 about Bendega, so that they can find out more about their rights and obligations as Bendega.

The Fishing Rights Conflict in the South China Sea between Vietnam and China

This research aims to understand and clarify the international legal perspec-tive relating to the current dispute and how they are resolved according to international law between Vietnam and China over fishing rights in the South China Sea. This paper has adopted a normative legal research with a statutory and historical approaches. The data will be analysed by using de-scriptive-analytical analysis. This paper reveals that there are two legal is-sues in the fishing rights conflict between Vietnam and China. First is the legality of the Nine-dashed Line by China to claim the disputed water. Sec-ond, the legality of unilateral fishing ban policy by China over the disputed water, which both has no legality under international law. Although China claims over SCS using Nine-dashed Line and unilateral fishing ban policy under international law has no legal basis, the dispute over SCS including fishing rights continued until today. The solutions offered to solve these problems include a resolution on SCS dispute must be made legally and di-plomacy to build confidence-building measures. Ideally, both states should honour the accepted negotiation steps to agree upon compensation for the effects of the disputes and be sincere and earnest in their attempts and com-mitment to resolving their dispute.

Was pike on the menu? Exploring the role of freshwater fish in medieval England

Historical sources report that some species of freshwater fish were considered luxury food items in England during the Middle Ages. The high retail price associated with species such as pike, salmon and sturgeon, as well as restrictions of fishing rights on rivers, estuaries and natural and artificial ponds, proves their exclusivity and role as symbols of social privilege. In this work, the zooarchaeological evidence from 11 English sites dated between the 11th and the 15th c. AD is discussed. This paper explores the differences between the ranges of freshwater species recovered from different site types, by looking at specific features that could define these fishes as luxury items: in particular, species selection and fish size are investigated as potentially meaningful variables. The size of fish will be used as an indicator of status and interpreted in view of the increasing phenomenon of fishing from artificial fishponds.

Skilful decadal-scale prediction of fish habitat and distribution shifts

Many fish and marine organisms are responding to our planet's changing climate by shifting their distribution (i.e. where they are found). Such shifts can drive conflicts at the international scale and are highly problematic for the communities and businesses that depend on these living marine resources for income and nutrition. Advances in climate prediction mean that in some regions the state of the ocean, and thereby the drivers of these shifts, can be skilfully forecast up to a decade ahead. However, the potential for these forecasts to benefit ocean-dependent communities has yet to be realised. Here we show for the first time that marine climate predictions can be used to generate decadal-scale forecasts of shifts in the habitat and distribution of marine fish species, as exemplified by Atlantic mackerel, bluefin tuna and blue whiting. We show statistically significant forecast skill of individual years that outperform both persistence and climatological baseline forecasts for lead times of 3-10 years: multi-year averages perform even better, yielding correlation coefficients in excess of 0.90 in some cases. We also show that the habitat shifts underling recent conflicts over Atlantic mackerel fishing rights could have been foreseen on similar timescales. Our results show that climate predictions can be translated into information directly relevant to stakeholders and we anticipate that this tool will be critical in foreseeing, adapting to and coping with the challenges of a changing and variable future climate, particularly in the most ocean-dependent nations and communities.