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어로의 자유와 어획쿼터의 할당 -IOTC 어획 할당 논의를 중심으로-

Freedom of Fishing and the Allocation of Fishing Quota

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주제분류해상운송학

초록

Allocation of fishing quota has been an issue in IOTC for a recent decade. Due to wide discrepancies in positions of costal states and distant water fishing nations, however, the issue is still open. It is notable that any decision by IOTC in relation to allocation criteria would considerably influence other RFMOs. This study aims to draw implications in establishing Korea’s fisheries policy and setting an appropriate strategy of fisheries industries in Korea, through analyses of the issue, that is, freedom of fishing and the allocation of fishing quota. This paper looks through regulating practices of RFMOs, reviews the work of the IOTC Technical Committee on Allocation Criteria so far, and analyzes the issue of the allocation estimations in terms of international law. It further concludes that arguments of costal states are not persuasive and draw implications for Korean government and fisheries industries in Korea on that basis.

Abstract

Allocation of fishing quota has been an issue in IOTC for a recent decade. Due to wide discrepancies in positions of costal states and distant water fishing nations, however, the issue is still open. It is notable that any decision by IOTC in relation to allocation criteria would considerably influence other RFMOs. This study aims to draw implications in establishing Korea’s fisheries policy and setting an appropriate strategy of fisheries industries in Korea, through analyses of the issue, that is, freedom of fishing and the allocation of fishing quota. This paper looks through regulating practices of RFMOs, reviews the work of the IOTC Technical Committee on Allocation Criteria so far, and analyzes the issue of the allocation estimations in terms of international law. It further concludes that arguments of costal states are not persuasive and draw implications for Korean government and fisheries industries in Korea on that basis.

참고문헌 (29)

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  4. 이창위, "「공해」. 대한민국의 해양법 실행" (2017), 한국해양수산개발원
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  7. EU, "On Establishing a Quota Allocation System for the Main Targeted Species in the IOTC Area of Competence", IOTC-2016-TCAC03-PropC, ~ (2016)
  8. EU, "EU Proposal for a Resolution Establishing a Quota Allocation System for the Main Targeted Species in the IOTC Area of Competence", IOTC-2018-TCAC04-PropA-Rev1, ~ (2018)
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  11. ICCAT, "Resolution 10-04, 12-03", ~
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  16. Report of the Technical Committee Meeting on Allocation Criteria, "IOTC", ~, pp.IOTC-2011-SS4-R (2011)
  17. IOTC, "Resolution 10", 01, 12, ~
  18. Report of the Technical Committee Meeting on Allocation Criteria, "IOTC", ~, pp.IOTC-2011-SS4-R (2011)
  19. Report of the Second Technical Committee Meeting on Allocation Criteria, "IOTC", ~, pp.IOTC-2013-TCAC02-R (2013)
  20. Report of the 3rd Technical Committee on Allocation Criteria, "IOTC", ~, pp.IOTC-2016-TCAC03-R (2016)
  21. Report of the 4th Technical Committee on Allocation Criteria, "IOTC", ~, pp.IOTC-2018-TCAC04-R (2018)
  22. Report of the 5th Technical Committee on Allocation Criteria, "IOTC", ~, pp.IOTC-2019-TCAC05-R (2019)
  23. ITLOS, "M", V “Virginia G” Case(Panama, pp.2014, ~
  24. Rayfuse R, "Non-Flag State Enforcement in High Seas Fisheries" (2004), Martinus Nijhoff Publishers
  25. Report on the Simulations of Catch Allocation Based on Criteria from the EU proposal and the Coastal States Proposal, "Rice J", ~, pp.IOTC-2019-TCAC05-02_Rev4 (2019)
  26. Republic of Korea, "Korean Proposal on Setting Historical Reference Year and Other Considerations", IOTC-2011-SS4-PropE, ~ (2013)
  27. Rothwell D, "The International Law of the Sea" (2010), Hart Publishing
  28. Seychelles, "On Establishing a Quota Allocation System for the Main Targeted Species in the IOTC Area of Competence", IOTC-2011-SS4-PropB, ~ (2013)
  29. WCPFC, "Conservation and Management Measure 2016-05, 2018-01", ~

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