关键词: 普遍管辖权, 海洋命运共同体, 《联合国海洋法公约》, IUU行为

Abstract: In recent years, China has exercised universal jurisdiction over foreign IUU ships, like the case of F/S Andrey Dolgov. Since the fishing ship and the IUU conduct constituted no actual link to China, the authority had no choice but to make punishment in accordance with the universal jurisdiction. The failure of efficient implementation of international law reflects dilemmas of China’s Fisheries Law in three aspects: the application, the substantive and the procedural provisions. The traditional theory of the universal jurisdiction, however, cannot be utilized to combat IUU fishing any more. As a member of the maritime community, China shoulders unshirkable responsibility and obligations for reserving and protecting the biological diversity of the open sea and the “health” of ecological system. The notion of maritime community with a shared future clearly indicates the legal interest of the community as the object of universal jurisdiction protection, constitutes a new concept of obligation and limits the jurisdiction by the principle of respecting the sovereignty of the flag state, thus initiating the paradigm shift of the legal evolution of the universal jurisdiction. Meanwhile, it is necessary to construct universal jurisdiction system based on the notion of maritime community with a shared future from the entity and procedural dimensions. In this way, we can provide brand new theoretical support of international law and specific guidance, to pave the way for the amendment and improvement of domestic legislation.

Key words: universal jurisdiction, maritime community with a shared future, United Nations Convention on the Law of the Sea, IUU fishing