국제어업법의 변화와 지역수산기구 강화에 따른 대응방안 고찰

Freedom of the Sea has been a traditional and general principle in International Law. However, this principle is under pressure of change because of the rapid development in ocean-related science and technology and expanding maritime jurisdictions of coastal states through continental shelf and EEZ. In this setting, Regional Fishery Organizations(RFOs) are drawing attention as principal organs for preservation and management of marine living resources. Law of the Sea Convention stipulates that states parties should establish RFOs to preserve and manage marine living resources in EEZ and high sea. Articles 63 and 64 ask the states parties to reach an agreement to adjust the preservation and development of the transboundary or highly-migratory species through RFOs. Fish Stock Agreement, which was adopted in 1995, also stressed interantional cooperation through RFOs. Especially, article 8 of the Agreement provides that only the parties to the Agreement could use the fishery resources within the convention area. The greater part of RFOs are established by concluding multilateral conventions. Recently, RFOs are developing rapidly quantitatively as well as qualitatively. According to FAO, 44 RFOs are already organized and some more organizations will emerge in the near future. Existing RFOs are under structural transformation to be more comprehensive and strong in their capacity. Given the diverse features inherent in RFOs, it is not simple to analyze and find out common things in them. So, Korean government should do in-depth analysis and comprehensive study, if it wants to become a member of a RFO or paricipate preparatory works for a new organization. In this study, usefulness of a RFO as a forum for coordination in maritime issues, positive demand from international community, geographical scope and the status of nonmember states, various limits in RFOs are considered as relevant factors.