中文摘要：

历史性捕鱼权作为一项典型的非主权性历史性权利,其要素反映了历史性权利的一般性,包括国家有效、持续地行使渔业权利以及其他国家的态度两方面。然而,考察相关国际司法及仲裁实践可发现,历史性捕鱼权的要素在具体适用过程中却凸显了其特殊性。私人渔业行为、重大渔业利益等因素对证明国家有效、持续地行使渔业权利具有突出作用。此外,国际司法及仲裁机构在考察他国的默认态度时,往往重视有关地区的利益攸关国的态度,而且默认的表示也不以权利主张通知为必要条件,对重大渔业利益的默认也被视为对历史性捕鱼权的默认。

英文摘要：

As a typical category of historic rights without full sovereignty, the elements of historic fishing rights reflect the general characteristics of historic rights, which include effective and continued exercise of fishing rights by the states and the attitude of foreign states. However, by studying relevant international judicial and arbitration practice, it could be found that elements of historic fishing rights possess their own particularities. Fishing activities by private individuals, vital interests in fishing industry exert prominent influence on proving effective and contiguous exercise of fishing rights by the states. Besides, international judicial bodies and arbitral tribunals tend to give more weight to the attitude of the states having interests in the relevant maritime area when inspecting the attitude of foreign states. It is also noted that, sending notice of claims by the claimant state is not a essential condition for other states to acquiesce, and acquiescence in vital interest in fishing industry of the claimant state could be regarded as acquiescence in its historic fishing rights.