公海漁業에서의 非旗國 規制에 관한 硏究

Abstract

This article is an overview of the non-flag enforcement, (boarding and inspection on the high seas). The non-flag enforcement developed as one of the methods to resolve problems related to the conservation and management of the marine resources living in the high seas under the 1982 United Nations Law of Sea Convention. In this respect, the objective of this research is to investigate : firstly, the main contents and problems regarding the conservation and management of marine resources living in the high seas, secondly, the trend and content of newly developed order of high seas fisheries including non-flag enforcement, and lastly finding out the actual condition of the high seas under the non-flag enforcement, (boarding and inspection on the high seas) which is controled by the regional fishery organization. The result of research are as follows. Firstly, it appears clear that the necessity of building a newly developed order of high seas fisheries is not only a failure of control and regulation by flag state against their fishing vessels on the high seas, but also is incomplete regarding the conservation and management of resources marine living in the high seas. Secondly, it was found that the international fishery legal instruments which developed after the 1982 United Nations Law of the Sea Convention included several epoch-making principles to resolve the problems that originated from the conservation and management of high seas fisheries. Thirdly, it was proved that some of the regional fisheries organizations such as NAFO, CCBSP, NPAFC and CCAMLR have been operating the non-flag enforcement since before the 1982 United Nations law of the Sea Convention. A newly established regional fisheries organization, WCPFC has also contained the non-flag enforcement under the 1995 High Seas Fish Stocks Agreement. It can be interpreted that the introduction of non-flag enforcement against the high seas fishing vessels, through the fundamental amendment of one of the principles(a fishing vessels on the high seas against the exclusive jurisdiction rights by their flag state) of international law was inevitable considering the urgency to build a sustainable conservation and management norms for high seas fisheries. To achieve the intended goals of non-flag enforcement, we need to complete the participation and cooperation of groups which have been interested in high seas fisheries. However, considering the practice of high seas fisheries, especially the position of high seas fishery's nations, a substantial settlement of this system and the non-flag enforcement may take time.