The US's "long-arm jurisdiction" over China's distant-water fisheries:Motivation, essence and response
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D996;S937.0

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国家社科基金一般项目“新的国际环境下海洋渔业问题政治化的中国因应研究”(24BGJ013)

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    Abstract:

    Against the backdrop of the increasingly radical US policy towards China, in order to respond to the US's "long-arm jurisdiction" over China's distant-water fisheries, reveal the motivation and essence of the US's implementation of "long-arm jurisdiction" and find ways to deal with it, this article uses data analysis to analyze relevant cases of the US's implementation of "long-arm jurisdiction" over China. The results of the data analysis show that the essence of the US's implementation of "long-arm jurisdiction" over China's distant-water fisheries is to compete with China and maintain its hegemonic position. The study shows that the US's implementation of "long-arm jurisdiction" has neither factual basis nor international legal basis. In order to respond to the US's abuse of "long-arm jurisdiction" over China's distant-water fisheries, it is necessary for China to build a systematic countermeasure from a legal perspective. This includes improving the domestic "blocking law" system by improving the effectiveness of the "Measures for Blocking the Improper Extraterritorial Application of Foreign Laws and Measures", establishing a cross-departmental cooperation mechanism, and clarifying the evaluation criteria of the exemption mechanism; taking advantage of the opportunity of revising the "Fisheries Law", using the jurisdiction system to improve the extraterritorial effect of China's marine fishery legislation; further promoting the Coast Guard to go global, increase the scope and intensity of China's law enforcement patrols on the high seas, and enhance China's comprehensive extraterritorial law enforcement capabilities to protect China's legitimate rights and interests. This study can provide legal countermeasures for the "long-arm jurisdiction" imposed by the United States on China in the field of distant-water fisheries, and for safeguarding the rights and interests of China's marine fishery and the development of the fishery industry.

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吕鸣,余函璐.美国对中国远洋渔业实施“长臂管辖”的动因、实质与应对[J].上海海洋大学学报,2025,34(2):443-452.
LYU Ming, YU Hanlu. The US's "long-arm jurisdiction" over China's distant-water fisheries:Motivation, essence and response[J]. Journal of Shanghai Ocean University,2025,34(2):443-452.

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History
  • Received:December 12,2024
  • Revised:January 18,2025
  • Adopted:January 21,2025
  • Online: March 13,2025
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