• Journal of Fisheries and Marine Sciences Education
• /
• v.9 no.2
• /
• pp.99-120
• /
• 1997

The official talks on the amendment of the Korean - Japanese Fisheries Agreement which was concluded in 1965 are under way since 1996. The convention area of the existing fisheries agreement is the high sea, but it should be changed to the exclusive economic zone(EEZ) for the newly amended fisheries agreement. Accordingly, the fundamental policies to be embodied within the amended fisheries agreement are summarized as follows : 1. One of the basic doctrine of the new agreement should be the formulation of a device of international cooperation for the fishery development as well as the conservation and management of the fishery resources. 2. The preparation of the future-oriented international relationship which reflects the specific character of the fishery relationship between both countries. 3. The existing fishery results of both parties should be protected on the ground of the reciprocity principle. 4. Both parties should reach an agreement upon the joint conservation and management measures for the transboundary fishery resources. 5. In consideration of the difficulty of EEZ delimitation between both countries, a provisional fisheries agreement can be an alternative measure.

• The Journal of Fisheries Business Administration
• /
• v.35 no.2
• /
• pp.71-90
• /
• 2004

According to this study, overall economic impacts of the FTA between Korea and Singapore upon fish and fishery products of our country were likely to be very small and insignificant. When the tariff on fish and fishery products between the two borders were completely eliminated, if no roundabout exports from other ASEAN countries were practicing, then this study calculated that the increase of imports from Singapore in the 12 chief items was estimated to be only about 250,000kg, which comes to the amount of 1.1 billion won. The 12 items used here account for over 90% imports of fish and fishery products from Singapore. This study also revealed that imports of fish and fishery products from Singapore would be substituted for domestic products more than 100,000kg in the 7 items produced domestically. The substitution effect represents fishermen's demage by replacing domestic products by imports in terms of income which comes to the amount of 438 million won. As the results of the study shows, establishing an FTA between the two countries will not exert so much adverse effects on our fisheries because relative importance of fish and fishery products in both countries are very small. But the contents of the agreement on fish and fishery products between the two countries are very important, as concluding the negotiation and signing the agreement between Korea and Singapore would be a precedent in future negotiations with other asian countries, especially with China and ASEAN countries.

• Journal of Fisheries and Marine Sciences Education
• /
• v.6 no.1
• /
• pp.77-91
• /
• 1994

The Yellow Sea and the East China Sea are the most important fishing grounds for the fishing industry of Korea, China and Japan which are major coastal states of these Seas. But the fishery resources in these fishing grounds are almost exhausted and also the sea region is seriously polluted. Accordingly an international joint countermeasure is necessary to recover the fishery resources and to keep the fishery a continuous industry. The authors inspected the existing fishery policies and international fishery relationship of the three coastal states, and suggested rational conservation and management regime of the fishery resources in these sea regions. 1. At present the legal status of the sea region beyond territorial sea is the high sea, for that reason the international cooperation is urgently needed to establish common regime for conservation and management of the fishery resources. 2. A series of scientific research on ecological system of fishery resources must be carried out in the sea region first of all for that purpose. 3. The existing Korea-Japanese Fishery Agreement and Sino-Japanese Fishery Agreement should be reformed to coincide with the new legal order of the UNLOS Convention, and the Sino-Korean Fishery Agreement should be concluded newly on the identical line. 4. As a conclusion, a joint conservation and management regime through a regional fishery organization or a individual conservation and management regime through the promulgation of exclusive economic zone by each state can be suggested to resolve the fishery resources conservation problem in the Yellow Sea and the East China Sea.

• Journal of Fisheries and Marine Sciences Education
• /
• v.11 no.2
• /
• pp.150-183
• /
• 1999

Korea-Japan Fisheries Agreement concluded in 1965 made a contribution to the stable development of fisheries relationship for both countries until the year of 1980. From the time on thereafter a series of respectable fishery disputes occurred throughout the period of fisheries self-regulation in accordance with alteration of home and abroad conditions. And both countries marched into a cooperation era by enforcement of the new fisheries agreement from the 23 January 1999, because the Fisheries Agreement system of 1965 had many limitations to settle the fundamental fisheries problems. In this paper, the author carried out the legal interpretation, arrangement of historical facts and evaluation of actual results of the Korea-Japan Fisheries Agreement of 1965. The key contents of the Fisheries Agreement were the establishment of 12-nautical mile exclusive fishery zone and the joint-control fishery zone under the principles of maintenance of MSY for fishery resources, freedom of high seas and mutual cooperation. The legal foundation of the conclusion of the Fisheries Agreement were the San Francisco Peace Treaty of 1952 and the four International Conventions on the Law of the Sea of 1958. During the 33 years, the fisheries power of Korea made a rapid stride, on the other hand that of Japan was almost stagnated. And in the meantime, there were very important development on the international law of the sea, for instant, the settlement of 12-nautical mile territorial sea regime and the establishment of 200-nautical mile exclusive economic zone regime. Annual meetings of the Joint Fisheries Committee were not successful to fill the role for conservation of fishery resources. The Fisheries Self-Regulation Agreement concluded in 1980 was also insufficient to accept the new international regime on the law of the sea, for that reason it was terminated on 23 January 1999. But it is true that the Fisheries Agreement of 1965 made a contribution to normalization of fisheries relationship between both countries and fisheries development of Korea.

• Proceedings of KOSOMES biannual meeting
• /
• 2006.05a
• /
• pp.185-193
• /
• 2006

This research reviews the change of fishery environment, the change of fishery production affected by agreement execution and the situation of agreement violation after the execution cf fisheries agreements between Korea and China and between Korea and Japan to understand the achievement of fishery management of EEZ after the fishery agreements. It will focus on EEZ fishing banks between Korea and China and between Korea and Japan.

• Korea Trade Review
• /
• v.41 no.5
• /
• pp.213-233
• /
• 2016

In an FTA, rules of origin are decided by an agreement between countries directly involved and provided through a written agreement, considering the characteristics of each industry and the situations of the countries, for the characteristics of each item. The PSR on fishery products by item are broadly divided into an agreement that applies the wholly-obtained criterion and an agreement that applies the Change of Chapter (CC). Fishery products belong to HS Code Chapter 3, which are generally produced through obtaining by raising or fishing. This study compared each agreement from this point of view. For the fishery products caught, an error in the job-related judgment may occur in a situation in which the persons in charge do not have any background knowledge involved with high sea fisheries. Since ships may sail, hoisting the flag of the country of registration according to an international agreement, involved with requirements for the recognition of ships for the judgment of the country of origin, the principle of the exclusivity of the flag state should be taken into consideration.

• Journal of Fisheries and Marine Sciences Education
• /
• v.5 no.2
• /
• pp.138-146
• /
• 1993

In accordance with the establishment of 200 nautical miles EEZ regime as a customary international law since the mid - 1980s, the area of global high seas became reduced relatively. On the other hand, the importance of high seas fishing ground became serious for the distant-water fishing states like Korea. But it can be expected that international dispute on the jurisdictional problem of the fishing vessels engaging high sea fishery will occur frequently owing to institutional inertia of the UNLOS Convention on this matter. "The Draft Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas" as an international code of conduct for responsible fishing which was adopted by FAO in 1993 is providing the more consolidating and definiting rules for jurisdictional responsibility of flag states to make completion the loophole of the UNLOS Convention. As a precondition for the effective control and enforcement of activities of the fishing vessels engaging high sea fishery, the Draft Agreement is providing some articles allowing the flag states to hold the rights of granting nationality, fishery permission, fishery supervision and control with punishment for the fishing vessels entitled to fly their own flag. Accordingly it can be evaluated that this Draft Agreement does not deviate on the whole from the traditional practice and the basic legal principle of the UNLOS Convention.

• Journal of Fisheries and Marine Sciences Education
• /
• v.16 no.1
• /
• pp.124-141
• /
• 2004

This study focuses on the off-shore trawl fishery, specifically on its restructuring and new regulations governing its operation since the 1990s. This fishery has an important role in terms of fishing capacity and production amount and is dependent on close diplomatic relations with adjacent fishing countries. The off-shore trawl fishery has been shrinking since the 1990s. In addition to a decrease in stock and an increase in imports, there are vessel buyback programs and a decrease in fishing grounds related to a tri-lateral agreement among Korea, China and Japan which have sped up the shrinking of the fishery. In this processing, costs exceed the increase of revenue. Excess investments in fishing gear and salary for crews have lowered profits in this fishery. Considering the above, the off-shore otter trawl fishery should stop increases in production and restructure the fishery by coordinating fishing gear restrictions and fishing areas, and down-sizing management capacity.

• The Journal of Fisheries Business Administration
• /
• v.30 no.1
• /
• pp.97-118
• /
• 1999

This study discussed the international reorganization of fisheries in the East China Sea and the Yellow Sea, for the cases of Korea, China and Japan, through the fishery competition and the division of sea areas and resources. In these sea areas, each country has done mutual operation, which causes the fishery competition and controls fishery development. Besides, Exclusive Economic Zon(EEZ) established in 1996 resulted in the prominent changes of fishery development as well as fishery relationship among each country, demands reorganization of fisheries. New fishery order in these sea areas is controlled by BEZ system. The fishery reorganization according to EEZ is a common issue of each country and it also includes the importance of mutual fishery agreement. Resources of fisheries could be used continuously under reasonable management. Each country should consider the stability and existence of fisheries in the international viewpoint. At this point of time, those should be considered such as adjustment of interests according to the division of sea areas, establishment of resource management system and insurance of fishery management, for the subject of fishery reorganization.

• Ocean policy research
• /
• v.33 no.2
• /
• pp.57-82
• /
• 2018

This study aimed to review the reorganization of fisheries and the future tasks in accordance with the establishment of new fishery order in the Northeast Asian Seas. As the United Nations Convention on the Law of the Sea, which recognized the sovereign rights of Coastal States in a 200-nautical mile exclusive economic zone (EEZ), entered into force in 1994, the three countries of Korea, China and Japan ratified the United Nations Convention on the Law of the Sea in 1996 and started negotiations to establish a new fishery order consistent with the EEZ system. However, a conflict of interest occurred because of differences in fisheries between countries, negotiations many times have proceeded, resulting in the signing of fishery agreement between China and Japan in 1997, Korea and Japan in 1998, and Korea and China in 2000. Each fishery arrangement consists of a dual system of EEZ and provisional waters (middle waters, provisional waters). The two countries are engaged in mutual fishing based on coastal states in EEZ, and in the fishing operation under the principle of flag state in provisional waters. There are overlapping or ambiguous jurisdictions in the intermediate waters and provisional waters that are jointly available to both fisheries. The presence of these seas is a challenge to the establishment of a reasonable international fisheries management system for the entire Northeast Asian Seas. In this context, the challenges of the reorganization of the new fisheries order are as follows: 1) conversion to a fishery order for coexistence of fisheries, 2) expansion to an international fishery management system, and 3) establishment of a multilateral fishery cooperation system. Although the jurisdiction of their own waters has been expanded through the establishment of EEZ according to new fishery order, the need for mutual cooperation grows when considering the movement and migration of fishery resources, fishery management, fish consumption and trade. In addition to the fisheries cooperation between the governments, it is also necessary to revitalize the civil cooperation focused on fishermen who exploit fishing grounds together.