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国际海洋法法庭运用结合上下文解释条约的原则,通过解释相关条约确立了对“分区域渔业委员会案”的咨询管辖权。咨询意见在多个方面涉及第三国问题。法庭对条约的解释以及对第三国事项的态度使管辖权体现出一定的扩张倾向。根据法庭所发布的咨询意见,船旗国对其船舶在分区域渔业委员会成员国专属经济区内,从事非法、未报告及无管束的捕鱼行为负有管理义务,该义务为勤勉义务,若船旗国未尽该义务,则应承担责任。国际组织在一定条件下对其授权的船舶从事上述捕鱼行为负责。分区域渔业委员会成员国对相关专属经济区内共有种群,享有以合作管理与养护为主要内容的相关权利义务。
The International Tribunal for the Law of the Sea, using the principle of contextual interpretation of treaties, established advisory jurisdiction for the “Subcommittee on Fisheries of the Subregion” by interpreting the relevant treaties. The advisory opinion addresses the issue of third countries in many ways. The court’s interpretation of the treaty and its attitude towards third-party matters have given rise to a certain tendency to expand its jurisdiction. According to advisory opinion issued by the Tribunal, the flag State has the management obligation to engage in the illegal, unreported and unregulated fishing of its vessels in the exclusive economic zone of the member States of the subregional fisheries Commission, which is a diligent obligation The flag State did not fulfill its obligation, it should bear the responsibility. Under certain conditions, international organizations are responsible for the above-mentioned fishing activities of their authorized vessels. The member states of the Subcommittee on Fisheries have the rights and obligations related to the management of collectives and the conservation of the total population in the relevant exclusive economic zone.