IUU어업규제를 위한 문제점 및 법제적 개선방안

Abstract

Traditionally, the freedom of sea remains the principle of international law to this day. However, in 1945, US President Truman declared sovereignty over the continental shelf, and the competition for maritime jurisdiction began at the International Chamber of Commerce. The international community felt the need for a new standard on the oceans, which resulted in the adoption and entry into force of the 1982 United Nations Convention on the Law of the Sea(hereinafter referred to a ‘UNCLOS’). As a result, the principle of marine liberty has been reduced and the maritime division has come to an era.

Even after the adoption of the UN Convention on the Law of the Sea, problems such as the depletion of marine ecosystems and the depletion of marine ecosystems due to the development of science and technology and diversification of marine use have appeared.

International organizations such as the UN, FAO, and OECD are continuously developing and adopting basic rules, agreements and guidelines to be followed internationally and nationally for the development of sustainable fisheries. These various norms have been binding, directly or indirectly, by the obligations of the state or strong recommendations.

In order to solve these problems, FAO's “Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks” was adopted in 1993. and "Code of Conduct for Responsible Fisheries"(hereinafter referred to a ‘CCRF’) was adopted in 1995. The international community has also implemented the "International Action Plan"(hereinafter referred to a ‘IPOA’) . This is the code of conduct of the CCRF.

There are currently four IPOAs. IPOA-Sharks, IPOA-Seabirds and IPOA-Fishing Capacity were adopted in 1999. In 2001, IPOA-IUU was adopted and implemented.

In addition, the Regional Fisheries Management Organization (hereinafter referred to a ‘RFMO') has been established to implement and develop appropriate management systems and norms for each country and region.

As mentioned earlier, international organizations such as the United Nations, FAO and the OECD continue to develop and adopt basic rules, conventions and guidelines that must be followed internationally and nationally for sustainable fisheries development.

These various norms regulate human behavior to the oceans with direct or indirect binding, such as national obligations or strong recommendations.

Despite various international efforts, the pollution biological resources are still declining and the international community has focused on Illegal, Unreported and Unregulated Fishing((hereinafter referred to a ‘IUU’). Therefore, FAO has prepared various measures for the eradication of IUU fishery, and adopted FAO's "Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing" in 2009 as a representative measure. It provides for boarding search and port state measures for the eradication of IUU fisheries, and are giving roles to flag states.

Currently, the Republic of Korea is regulating IUU fisheries with the “Distant Water Fisheries Development Act”and is participating in strengthening international regulations and conservation of polluted biological resources.

However, there is a problem of compatibility between international law and domestic laws of the Republic of Korea, and there is also a real possibility of realization of law enforcement. Therefore, it is necessary to study how to revise existing laws and consider new legislation.

In this paper, I have studied about domestic problems and legislative improvement for the Control of IUU Fishing.