继承与发展：《中韩渔业协定》实施的回顾与展望

Abstract

The “Korea-China” Fishery Agreement” is the second intergovernmental fishery agreement signed by China after the entry into force of the UNCLOS. It is a temporary and transitional arrangement for fishery issues between China and Korea before the two countries completed their maritime delimitation. Under the framework of the China-Korea Fisheries Joint Committee, China and Korea have extensively carried out exchanges and cooperation on mutual fishing vessel entry, resource survey and research, and fisheries law enforcement, and established a mechanism for regular meetings between the two sides in the field of fisheries, and the China-Korea Fishery Agreement has generally been implemented smoothly, making a positive contribution to promoting China-Korea fisheries cooperation and maintaining friendly relations between China and Korea. However, it should also be noted that the China-Korea Fisheries Agreement is still facing many problems in the process of implementation, such as the offshore fishery resources of China and Korea are facing a situation of depletion, and the law enforcement behaviour lack of regulation of the two countries with regard to fishing vessels and fishermen engaged in illegal fishing, The lack of special legislation on foreign-related fisheries, lack of specific provisions on how to punish illegal acts committed by fishing vessels of one country in the sea areas of the other, As well as the persistence of fishing operations by illegal fishing vessels, etc., it seriously infringes on the interests of the fishermen of the two countries and destroys the fishing environment. At the same time, the two countries have continued to reduce each other's licensing targets for fishing entry, adding complex operating conditions that have hindered the smooth implementation of the China-Korea Fisheries Agreement. The specific mainly reasons for the above problems are：Subjectively, there are differences in the demand for fishery resources between China and Korea, and the legal awareness of fishermen in both countries is weak; objectively, the signing of the China-Korea Fisheries Agreement did not take into account the actual situation of China and Korea. Therefore, for the smooth implementation of the China-Korea Fisheries Agreement and the alleviation of the fisheries disputes between China and Korea, this paper proposes the improvement programmes to address the above problems: Firstly, strengthen the protection of offshore resources, improve the domestic laws and regulations of China and Korea, so as to provide legal support for the protection of offshore resources. Secondly, strengthen the communication and cooperation of fishery law enforcement departments, standardise law enforcement behaviour, and solve the problems of violent law enforcement between the two countries. Thirdly, improve foreign-related fishery management laws and regulations to regulate the fishing behaviour of fishing vessels. Fourthly, encourage the production and operation of legal fishing vessels and increase policy support to reduce the number of illegal fishing vessels to a certain extent. Finally, supplement and improve the specific content of the Agreement to fully take care of the survival interests of fishermen in both countries. Through the above suggestions, we can jointly promote the development of the China-Korea Fisheries Agreement, to a certain extent, solve the fishery conflicts between China and Korea, at the same time, provides a feasible reference for other coastal countries to be able to carry out their fishery activities smoothly and avoid large-scale fishery disputes on the premise that the delimitation of maritime areas has not been completed.