동북아지역에서 국제어업질서의 변화에 대한 국제법적 고찰

Abstract

The seas have historically performed two important functions: first, as a medium of communication, and secondly as a vast reservoir of resources, both living and non-living. Globally, marine fisheries play an important role in ocean biodiversity and the food security of millions of people, providing a vital source of high-quality dietary protein and supporting individuals’ livelihoods and income. However, it is widely acknowledged that, as a source of food, the productivity of marine fisheries is in a state of decline, primarily because of unsustainable and destructive fishing practices, aggravated by climate change. The individuals most vulnerable to these negative impacts are indigenous peoples and coastal communities around the world, such as those in developing coastal and island Commonwealth countries. The seas, oceans and fisheries are probably among the most challenging resource systems to govern. A case in point is the coming into force of the UN Convention on the Law of the Sea(UNCLOS) in 1982, which formally established rights to fishery resources to coastal nations within their 200 mile EEZs. The exclusive economic zone has developed out of earlier, more tentative claims, particularly relating to fishing zones, and as a result of developments in the negotiating processes leading to the 1982 Convention. The 200-mile exclusive economic zone has been the controversy over fishing zones. According to the living resources regime under the UN Convention, the EEZ living resources regime in the Convention imposes few restraints upon coastal states which may wish to transform their limited sovereign rights into practically unlimited sovereignty over the living resources of the zone. It means that coastal states have discretionary power to control the living resources in their EEZ. A particular problem is raised with regard to straddling stocks, that is stocks of fish that straddle both exclusive economic zones and high seas, for if the latter were not in some way regulated, fishery stocks regularly present in the exclusive economic zone could be depleted by virtue of unrestricted fishing of those stocks while they were present on the high seas. Article 63(2) of the 1982 Convention stipulates that where the same stock or stocks of associated species occur both within the exclusive economic zone and in an area beyond and adjacent to the zone (i.e. the high seas), the coastal states fishing such stocks in the adjacent area shall seek, either directly or through appropriate subregional or regional organizations, to agree upon the measures necessary for the conservation of these stocks in the adjacent area. In the 1982 Convention, the establishment of co-operative mechanisms for effective monitoring, control, surveillance and enforcement, decision-making procedures facilitating the adoption of such measures of conservation and management, and the promotion of the peaceful settlement of disputes are called for. In this study, ‘Northeast Asian Sea’ means that the Yellow/East China Sea, the East Sea, the Ohotsk Sea, the Kamchaka Sea, the Alaska Sea, and the Bering Sea surrounded by Korea, China, Japan, Russia, U.S.A. and Canada including their EEZs. There are several bilateral fisheries agreements existing in Northeast Asian area, the Fisheries Agreement between Republic Korea and Japan, between Republic Korea and China, between China and Japan, between Republic Korea and U.S.A., between Republic Korea and Russia, between Russia and Japan, And there are several regional fisheries organizations existing in Northeast Asian area, for example NPAFC (Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean), CBSPC(Convention on the Central Bering Sea Pollack Conservation), PICES(North Pacific Marine Science Organization), NPFC (North Pacific Fishery Commission) etc.. This thesis is composed of following chapters; In the first chapter, it briefly mentioned about the purpose, the scope and the outline of this study. In the second chapter, the sovereign rights of the living marine resources and preservation of the marine environment in the EEZ of the coastal states and special species management rights were strengthened in accordance with the changes in the new international fisheries order in Northeast Asia. In third chapter, it analyzed the proliferation of bilateral treaties and multilateral treaties due to the adoption of the EEZ regime in Northeast Asia. In fourth chapter, it reviewed the strengthening of management rights on the high seas marine living resources and marine environment preservation of regional fisheries organizations. In fifth chapter, It examined the ways to solve disputes between the high seas fishing countries due to the empowerment of coastal states and regional fisheries organizations. In sixth chapter, current governance arrangements for managing high seas fisheries are not capable of providing desirable environmental and economic outcomes. The freedom of high seas results in overexploitation of marine resources, there are no rewards for responsible fishing. Finally, in view of the changes in the international fisheries mechanism this paper suggested the future direction of the country in overseas fisheries.