การใช้สิทธิของเรือประมงไทยในการผ่านน่านนํ้าต่างประเทศและการคุ้มครองของรัฐบาลไทย

บทคัดย่อ

According to the United Nations Conference on the Law of the Sea 1982, all states can enjoy freedom of navigation in the exclusive economic zone. Such freedom will be exercised by taking into account of rights and duties of coastal states. In case of conflict of state jurisdiction over this area, states concerned shall seek peaceful means of settlement on the basis of equity and in the light of all the relevant circumstances. In order to get access to and from the sea, Thailand, as a sea-locked country is obliged to pass through the exclusive economic zone of our neighboring countries. The countries such as Malaysia and Indonesia have adopted their domestic laws imposing requirements on fishing vessels passing through their maritime zones. Thailand has some objections about the enforcement of such legislations on our fishing vessels because some regulations are not in compliance with the law of the sea. Article 61 and 62 relating to the use and conservation of living resources should be applied and interpreted in stricto sensu, avoiding the infringement of rights of others. Domestic law adopted incompatible with international regulation cannot be invoked by states before the international society. When Thai fishing vessels are arrested and judicial proceeding in a foreign court is initiated without any international legal ground, Thai government has to take a countermeasure and claim reparation directly against the author of such a wrongdoing act. It is urgent to have a national action plan as guideline for all authorities concerned in order to protect effectively and in harmony their fishing vessels suffering abroad Knowledge of the law should be disseminated to masters and crew of all Thai ships. Guideline for practices including their legal rights in case of being arrested should also be provided. In addition, financial fund should be established in order to support all activities concerned.

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