IUU어업 방지를 위한 국제사회의 법적규제 연구

Abstract

A Study on International Legal Regulation to Prevent IUU Fishing

Abstract One of the reasons Grotius insisted on the freedom of the sea was that there was no need to distinguish the possession of fish resources because the sea had an inexhaustible resource at the time. However, due to the development of fishing technology and rapid population growth in the ocean today, the increase in fishery production has reached its limit and is facing a crisis of depletion of fishery resources.In order to overcome this situation, the international community has taken measures for the conservation and management of aquatic resources. In the international community, the United Nations Convention on the Law of the Sea (UNCLOS) adopted in 1982, the United Nations Fish Stock Agreement (UNFSA) adopted in 1995, and the Food and Agriculture Organization of the United Nations FAO, Food and Agriculture Organization) and various regional fisheries organizations have established and implemented international standards for fishery resource management. In addition, recognizing concerns about the possibility of overfishing of fishery resources and the need for fishery resource management, we established a regional cooperation system for fishery resource management by sea area and region, and established the FAO's responsible fisheries standards and national action plans. Regulations and fisheries resource management have been strengthened. Efforts to prevent IUU fishing for conservation ecosystems and for prevent economic damages began in 1996 when the CCAMLR reported and discussed illegal fishing in excess of the catch quota. IUU Fishing are threatening so many legal fishermen's economic livelihood, negatively impact on conservation and protection of the fishery stock and ecosystem itself. Especially, negative impact of IUU Fishing resulted from the increasing fishery activities on the high seas. The Korea case of Coastal and Off-shore Fisheries, difficulties in conserving and controlling the fishery stock was brought about. Simultaneously, it is the fact that there are so many damages such as the reduction of fish stock management program's effect, dissatisfac tion of legal fishermen, over-exploiting of fish stock. Related with this kind of problem, FAO had adopted "International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing(2001)". From this reason, Korea also needs to make actual efforts to prevent IUU Fishing. And each nation should develop action plan by Feb. 2004 and implement it, report on implementation toward FAO. This study will review the definition of the IUU stipulated by "IPOA-IUU(International Plan of Action on Illegal, Unreported and Unregulated Fishing)" and the current regulations to Prevent, Deter and Eliminate IUU fishing. And, in this study, international regulations and the current status of laws and regulations of coastal countries and the domestic corporation 「Deep Sea Industry Development Act」 regarding IUU fishing regulations were compared and reviewed. Finally, the analysis of Korea's implementation will be done, centering around the contents stated on the International Action Plan. The significance of this treatise is to grope the political countermea sures against international movement of the IUU fishing prevention. Currently, Korea is actively participating in the multilateral efforts of the international community and related international organizations to regulate IUU fishing. In order to prevent difficulties in exporting fishery products and using ports, etc. along with the deterioration of the country's external image due to the designation as 'the country', at this point, Korea is receiving a lot of attention from the international community through strengthening legal sanctions on IUU fishing and thorough implementation of follow-up measures. The days of passive participation under external pressure in the international community's efforts to prevent IUU fishing are gone already. Therefore, we should actively participate in international efforts to prevent IUU fishing through systematic structural improvement of the ocean industry and active education and promotion of marine workers in preparation for the rapid changes in the international maritime order. Thus, it is necessary to create a status suitable for its status as a global deep-sea fishing power.

Key words : IUU(Illegal, Unreported and Unregulated) Fishing, FAO(Food and Agriculture Organization of the United Nations), IPOA-IUU(International Plan of Action on IUU), IUU Fishing Regulations, ITLOS(International Tribunal for the Law of the Sea),