fortieth keynote speech of the “fudan tncs and law forum”: exploring the legal means to protect the overseas rights and interests of chinese offshore fishing enterprises
on may 27, 2022, the fortieth keynote speech of the fudan transnational corporations and law forum was held successfully online. the speech entitled “exploring the legal means to protect the overseas rights and interests of chinese offshore fishing enterprises was delivered by professor zhang yen-chiang of dalian maritime university law school, commented by dr. an shouzhi, partner of guantao zhongmao law firm (xiamen) and doctor of laws of wuhan university, and dr. liang fan, partner of shize (beijing) law firm and j.d. of northwestern university, and hosted by postdoctoral teaching fellow dr. liusizhu of fudan university law school.
professor zhang first introduced the practical difficulties that the chinese offshore fishery industry currently encounter, such as the urgent need for policies addressing the overcapacity of near-shore fishery and for legal regulations of the offshore fishery to ensure its orderly development. then he analyzed the withhold release order (wro) issued by the united states (us) custom and protection for imports of seafood products from dalian ocean fishing co., ltd., a chinese fishing company based in dalian. he argued that this wro was another disguised sanction against china. based on his delicate study, professor zhang considered that the us wro was biased, with the true intention to exploit human rights issues against our country. he emphasized that it is the us that bears the burden of proof of the alleged commitments of “forced labor.” professor zhang further pointed out the wide discretion the us executive agencies enjoy in applying the standard of “forced labor” under the us law, such as the tariff act and the trade facilitation and trade enforcement act. he called for more vigilance on the potential extension of the us sanction targets to chips and the internet industries. lastly, professor zhang proposed some countermeasures, including focusing on the issue of evidence, playing a proactive role in public campaigns, taking reciprocal trade measures, communicating actively in diplomacy, and timely filing a complaint with the wto. he stressed the need to respond actively at both the operational and national levels, to speak with a unified voice, and to tell the actual situation of the working environment and conditions of chinese fishing fleets, as well as the “bottom-lines” of human rights protection under chinese law, so as to better cope with the us lies and related measures about “forced labor.”
in the discussion session, dr.an and dr. liang spoke highly of professor zhang’s speech, followed by their views from the perspective of the management of fishing. they described the present fishing quota and the status of fishing worldwide in detail.
in the end, professor zhang naigen made the concluding remark that overviewed this semester’s events held by the fudan tncs and law forum.
