「중서부태평양 고도회유성어족자원 보존관리협약」에 관한 연구- 자원의 보존·관리규정을 중심으로 -

Abstract

This article analyzes the legal implications of the provisions concerning conservation, management and exploitation of high seas living resources in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean. This Convention is the first regional convention, following the spirit of the UN Fish Stocks Agreement of 1995, which is a follow on the UNCLOS. And it has meaningful status for the accomplishment of the UNCLOS regime concerning conservation, management and exploitation of the highly migratory fish stocks in the high seas. It is evaluated that this Convention has some problems as follows: ·Ambiguity of the application area of the Convention; ·Complication of the decision-making process of the Commission; ·Application of the precautionary approach principle; ·Possibility of extended application of the coastal states' sovereign rights in the principle of the compatibility for the resources conservation and management measures; ·Decision process of TAC and fishing quotas; ·Process of compliance and enforcement of the Convention. It is assumed that this Convention includes some provisions restricting the freedom of fishing in the high seas established by the traditional international laws. Nevertheless, it is reasonable to accept this Convention as a developing stage of the international laws concerning the conservation, management and exploitation of living resources in the high seas under the major proposition for the sustainable development.