공해어업에 관한 분쟁해결 제도의 발전과 전망

After the completion of the 3rd United Nations Conference on the Law of the Sea, fisheries disputes have become relatively complicated. It is because fisheries disputes showed diverse aspects as the 1982 UN Convention on the Law of the Sea conduced to creeping jurisdiction by Coastal States as well as strict management of oceans. Particularly, establishment of the EEZ system and extension of the limit of the continental shelf made coastal State's fisheries jurisdiction more complicated, which led to the conflict between coastal States and fishing States. Thereupon, international community established dispute settlement system over high seas fisheries through the United Nations Fish Stocks Agreement and Regional Fisheries Management Organization Agreement, to restrict traditional freedom of high seas fisheries drastically. As the complex system of dispute settlement in the 1982 UN Convention on the Law of the Sea applies, mutatis mutandis, to any dispute between States Parties to the Agreement concerning its interpretation or application, implementation of diverse conservation and management measures is guaranteed. Part ⅩⅤ of the 1982 UN Convention on the Law of the Sea also applies, mutatis mutandis, to any dispute between States Parties to the Agreement concerning interpretation or application of a subregional, regional or global fisheries agreements relating to straddling fish stocks or highly migratory fish stocks to which they are parties. Taking into account these circumstances, this article dealt with progress and prospects of the dispute settlement system for high seas fisheries. Specifically, it examined the development of international regulation over high seas fisheries, and several points on the dispute settlement regime incorporated into the United Nations Fish Stocks Agreement. Further, it analyzed individual dispute settlement system provided in the subregional, regional or global fisheries agreements as well as related issues.