동북아해역의 수산자원 보존관리 협력체제에 관한 연구

Abstract

본 연구는 유엔해양법협약의 원칙에 따라 동북아해역에서의 한?중?일 다자간 어업협력체제를 분석하는 데 목적을 두었다. 이와 같은 연구목적을 달성하기 위해서 ① EEZ와 중첩수역의 수산자원관리 한계 규명, ② 경계왕래수산자원관리의 다자간 협력효과 분석, ③ 3국간의 어업협정체제 전환 검토 등을 세부목표로 설정하였다. 세부목표를 좀 더 구체적으로 기술하면, 첫째, 동북아해역의 어업협정체제에서 한?중?일 3국은 자국의 국별 EEZ 내에서 연안국이 독자적으로 어업관리를 하게 되며, 중간수역?잠정조치수역?잠정수역 등의 중첩수역에 대해서는 양국간 어업공동위원회를 통하여 자원관리를 하도록 하고 있다. 이러한 어업협정의 틀에서 수산자원 보존관리를 위해서 연안국으로서 어떠한 노력을 해왔는가를 고찰하고, 어업협정체제에서 EEZ와 중첩수역의 수산자원 보존관리는 어떠한 한계가 있는가를 구명하고자 하였다.

This thesis is designed to propose the ways of the multilateral cooperation system for effective management of fisheries resources in the various overlapping zones established by bilateral fisheries agreements between Korea, China and Japan in the North East Asia sea area as semi-enclosed sea. It is also to be noted that the East Sea, the Yellow Sea and the East China Sea are all typical semi-enclosed seas and thus need close cooperation among the coastal states for a proper conservation & management of fisheries resources thereof. The goal of the co-management of fisheries resources is to achieve the maximum sustainable yield of fisheries resources. It is necessary to build multilateral fisheries cooperation between Korea, China and Japan in the North East Asia sea area because conservation & management of transboundary fish stocks could not be guaranteed effectively by the management of fisheries resources in the sea area where established the white zone and the various grey zones as middle zone, and the interim measures zone of bilateral fisheries agreements between Korea, China and Japan are established. Fisheries management in Korea, China and Japan by the bilateral fisheries agreements in North East Asia sea area is faced with difficulties to manage fisheries resources because of the reasons as follows : First, the high seas in North East Asia as a semi-enclosed sea do not exist, Second, contamination of the seas has been accelerated by industrialization of the coastal states. Third, the demand for fishery products has been increasing continuously because the people of Korea, China and Japan prefer fish to other food, Fourth, fishing technology of Korea, China and Japan is advanced and there are too many fishing vessels comparing with abundance of fisheries resources. Fifth, coastal states are responsible for effective management of fisheries resources in EEZs based on United Nations Covention on the Law of the Sea(UNCLOS). International fisheries relationship is maintained by bilateral fisheries agreements based on UNCLOS. However fisheries resources are over-exploited and the recovery of the fisheries resources is very slow because proper conservation and management of transboundary fish stocks which article 63(1) of UNCLOS defines have not prepared yet. Thus close cooperation among the coastal states for a proper conservation and management of transboundary fish stocks is necessary. Since the transboundary fish migrate within the EEZs of two or more coastal states, there is a need to manage the fish stocks in the region between Korea, China and Japan through a multilateral mechanism at circumference area of the white zone. The coastal states must guarantee sustainable maintenance of transboundary fish stocks through the regional cooperation for a proper conservation & management system because one coastal state alone could not guarantee conservation and management of fish stocks. Thus there is a need to build multilateral fisheries cooperation between Korea, China and Japan in the sea area of the North East Asia. There are many successful instances including the Barents Sea for a proper conservation & management of transboundary fish stocks. The Barents Sea is one of the best research object to study the regional cooperation for conservation & management of transboundary fish stocks in the sea area of the North East Asia. In conclusion, it is necessary to build a multilateral fisheries cooperation system between Korea, China and Japan in the sea area of the North East Asia to conserve and manage the transboundary fish stocks effectively. It seems desirable that the range of the sea area to conserve and manage fish stocks should be any partial area in the White Zone and the Interim Measures Zone of the Korea-China Fisheries Agreement, the Southern Middle Zone of the Korea-Japan Fisheries Agreement, the Interim Measures Zone of the China-Japan Fisheries Agreement.