• The Journal of Fisheries Business Administration
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• v.33 no.1
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• pp.87-107
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• 2002

The sea of north-east Asia is biologically interrelated and one country's mishap in the management of fisheries could have a critical effect upon the other. Accordingly under the TAC system adopted by all the countries of Korea, Japan and China, the mismanagement o( trans-boundary fish stocks under the provisional fisheries agreement prior to the delimitation of EEZ could lead to the irrevocable depletion of fisheries resources in case of absence of close cooperation among the countries concerned. To tackle the problems above, it is necessary, from a short term perspective, to promote the combined efforts to do researches on fisheries resources, find ways to improve the transparency of fisheries management, adjust the fisheries management regulations of each country, standardize fishing gears and methods, and exchange fisheries-related statistics and data for socio-economic analysis and strengthen joint research activities for the mutual benefits. From a longer term prospective, regional fisheries organization need to be set up to oversee the whole area of north-east Asian sea. The organization as such could play a role in adjusting the conflicting interests of Korea, Japan and China, and efficiently manage the fisheries resources, which is complex and challenging in nature. In addition, unlike China, the historical fisheries relationship between Korea and Japan, spirit of reciprocity and the Article 62 of the United Nations Convention On the Law Of Sea need to be taken into account when seeking for fisheries cooperation between the two countries through the international specialization. In other words, the data obtained through the joint researches on the fisheries resources for the specific ocean along with such factors as capital, labor, fisheries technology and consumption of fish products could be used to assign the specific sector of fisheries to the country who has a comparative advantage, thus achieving the mutually benefiting results Up to the present, concerted efforts by Korea, Japan and China on the fisheries cooperation have been consistently made, but the results have yet to be materialized, It is also beyond doubt that governmental consultations among the countries should be made on a consistent basis, but non-governmental organizations' exchanges and related joint researches will more likely help bring about the desired fruition in a shorter time.

• Journal of Environmental Policy
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• v.13 no.4
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• pp.161-190
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• 2014

The Nagoya Protocol will enter into force on 12 October, 2014 during the period of UNCBD COP12 which will be held in Pyeongchang, Korea. In this circumstance, it is essential to analyze other countries' legislations and find various related issues. Based on that analysis, Korea can set its course for related policies and also improve its own legislations. EU and China were selected as comparison countries since EU is one of the leading countries trying to establish an international environmental law system and China is regarded as a model country representing LMMC (Like-Minded Mega-diverse Countries) in the world. Based on this study, it is highly recommended for Korea to assert the need for dispute resolution between private and government parties and also trilateral co-management of trans-boundary genetic resources and related traditional knowledge among Korea, China and Japan. In addition, Korea also needs to improve its legislation towards integrating the management and control of genetic resources.

• Journal of Fisheries and Marine Sciences Education
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• v.19 no.1
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• pp.53-73
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• 2007

There exists historically intimate relationship between the fisheries of the three countries of Northeast Asia in terms of the same fishing ground and similar resources. This means that if one of the countries fail to manage their fisheries properly, it will harm the others. Especially, if the EEZ straddling and Trans-Boundary Fish Stocks aren't managed by the cooperation of the three countries, the exhaustion of resources will be more likely to be accelerated. Considering the aspects mentioned, this paper refers to the necessity of fisheries cooperation between Korea, China, and Japan. Next, it analyzed the joint control cases of Norway/Russia Management of Shared Fish Stocks in the Barents Sea, Management of South Tasman Rise in Orange roughy, Agreement on Fisheries between the European Economic Community and the Kingdom of Norway, Conservation and management of pollack resources in the central Bering Sea, and drew a conclusion for ourselves. Last of all, it suggests a step-by-step strategy of promoting joint control between three countries, and the plan of the establishing and managing the organization of joint fisheries control. About the joint control, "The Joint Statement of promoting collaboration between Korea, China, and Japan" has been announced at ASEAN in October 7th, 2003 and the summit talk of the three countries. In the joint statement, the three countries came to an agreement which says, "Cooperation in Fishery Resource Conservation : The three countries will cooperate, bilaterally or trilaterally, to promote the sustainable use and conservation of fishery resource through the effective fishery management". Not only the consistent collaboration between the government is necessary, but also continuous exchange and related study on a Non-governmental level is also needed for the viable outcome in the near future. When deducting the result for the joint fisheries control, this writer hopes the contents of this study will be helpful.

• Strategy21
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• s.37
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• pp.193-241
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• 2015

China, Japan and Korea are the world's top 10 energy consumers, and so very interested in the development of seabed hydrocarbon resources in order to meet their energy demands. The East China Sea is the tri-junction area where three countries' entitlements on the maritime boundaries are overlapped. There are abundant oil reserves in the East China Sea, and therefore competitions among countries are growing to get control of them. Although these countries have concluded the bilateral agreements to jointly develop resources in the East China Sea, they do not function as well. Because joint development and management of seabed petroleum resources can lead to stable development system, and to lower possibility of legal and political disputes, the needs for joint development agreement among three countries are urgent. Meanwhile, Northeast Asian seas are semi-closed seas, which are geographically closed and vulnerable to marine pollution. Moreover there are a lot of nuclear power plants in coastal area, and seabed petroleum resources are being developed. So it is likely to occur nuclear and oil spill accidents. Fukushima nuclear disaster and Bohai Bay oil spill accident in 2011 are the cases to exhibit the potential of major marine pollution accidents in this area. It is anticipated that the risks become higher because power plants and offshore oil platforms are extending gradually. Therefore, the ways to seek the joint marine environmental protection agreement focused on regulation of nuclear power plant and offshore oil platform have to be considered. In this paper, we try to find the way to make joint development and joint environmental protection agreement in Northeast Asian seas. We concentrate on the measure to drive joint development of seabed petroleum deposits in East China Sea's overlap area, despite of maritime delimitation and territorial disputes, and we try to drive joint marine environmental protection system to respond to marine pollution and accidents due to offshore oil platform and nuclear power plants. Through these consideration, we seek solutions to deal with lack of energy, disputes of maritime territorial and boundary delimitation, and marine pollution in Northeast Asia.

• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.7
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• pp.987-994
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• 2021

The Yellow sea, as described in article 123 of UNCLOS, is semi-enclosed sea surrounded by the Republic of Korea, the People's Republic of China and North Korea. In addition, the Yellow Sea is one of the 66 large marine ecosystems as it contains large amounts of marine resources. According to article 194 of UNCLOS, states should be aware of rights and duties with respect to the protection and preservation of the marine environment to be engaged with countries directly as regional entity or indirectly. Therefore, the legal blank is urgent in terms of trans-boundary environmental pollutant issues. The UNDP has conducted a project called Yellow Sea Large Marine Ecosystem (YSLME) which has reached the 2^nd phase. The project has some notable achievements, namely performing joint activities on analysis of diagnostic trans-boundary issues in collaboration with China and South Korea, developing a strategic action plan based on TDA, and establishing regional strategic action plan. However, on the other hand, the project could not reflect the full participation of North Korea as a state party. As a result, the project has a limitation on effective implementation of RSAP. Therefore, this study focuses on the suggestion of a legally-binding trilateral treaty as a blue print for the next, 3^rd phase of the project. By analyzing the best practice of the Wadden Sea Trilateral Treaty case, the study verifies the validity of legislative measures on establishing and managing a legally-binding trilateral YSLME Commission. By suggesting a three phase treaty, incorporating a joint declaration by establishing the commission, the signing of the treaty, and formulating an umbrella convention and implementation arrangement, the study expects to guarantee the consistency and sustainability of the trilateral treaty regardless of political issues pertaining to North Korea.