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Research On The Fishing Right In The Disputed Water Areas Between China And Korea

Posted on:2019-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:X CuiFull Text:PDF
GTID:2416330545464898Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,due to the depletion of land resources and increasing supply,many countries have turned their attention to the development and utilization of marine resources.In particular,after the signing of the “UN Convention on the Law of the Sea”,the exclusive economic zone was defined in international law so that the free waters originally belonging to the public became part of national sovereignty.The definition of an exclusive economic zone has rediscovered the distribution of marine resources and deepened the emphasis placed on them by all countries.As one of the oldest industries in which mankind used marine resources early on.During the process of fishing,conflicts of interest will inevitably occur between fishermen.With the diversification of marine activities and the increasing demand for sea use,conflicts of interest may also occur between fishing rights of countries.The waters between China and South Korea are facing each other and the sea area between the two sides is less than 400 miles.Although the delineation of the exclusive economic zone between them began in 1993,no result was reached.In order to establish a good fishing order,both China and South Korea signed the Agreement on Fisheries between China and South Korea in August 2000 as an interim measure to resolve fishery disputes.However,after the signing of the agreement,the fishery disputes between the two countries have been steadily increasing.Violent conflicts have escalated and have even affected the in-depth development of the two countries.The fishing rights of China and South Korea in the disputed waters are mainly two aspects,namely,the loss of traditional fishing rights and the conflict between the two countries in the enforcement of fishing laws.The agreement on fisheries between China and South Korea,as the only legal basis on which fishery cooperation between China and South Korea can now be based,is not yet perfect in the handling of traditional fishing rights and the response of the two countries in the event of a fishery conflict.In particular,China's traditional fishing rights in the Yellow Sea are completely excluded,which is also one of the important causes of fishery disputes between the two countries.Moreover,as China and South Korea differ greatly in fishery-related legislation,and in particular in recent years,South Korea has introduced many fisheries measures to combat the cross-border fishermen,even excluding the use of force.For the solution of these problems,I will seek more efficient cooperation between the two countries from the revision of the Sino-Korean Fisheries Agreement,the improvement of China's own fishery system,and the long-term interests and the harmony of the international maritime order.The peaceful solution to fisheries conflicts provides advice on fishing rights in disputed waters between China and South Korea.Based on the newly emerging fishery problems in the two countries,the two countries further elaborated on the specific content of the two countries ' cooperation in fisheries,proposed operational and constructive suggestions,ensured the smooth progress of fishery cooperation between the two countries,eased the relations between the two countries,and constructed Harmonious ocean order.
Keywords/Search Tags:Fishing Rights, China-ROK Fishery Convention, Traditional Fishing Rights, Fishing Law Enforcement
PDF Full Text Request
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