이어도 주변수역 자원 관리제도의 현황 및 개선방향

The Status and Improvement of the Management System on the Natural Resources in the Surrounding Area of Ieo-do

The Surrounding Area of Ieo-do is located in the maritime overlapping area between Korea and China. Although both countries adopted the Fisheries Agreement as an interim arrangement according to Arts. 74 and 83 of the United Nations Convention on the Law of the Sea(UNCLOS), the area was included in the Zone Where Current Fishing Patterns are to be maintained and the conservation measures for the living resources in the area have been very poor. Furthermore, there is high possibility of transboundary oil and gas on the overlapped continental shelf between two countries. It is very difficult to resolve the problem of transboundary oil and gas in the process for maritime boundary delimitation. The objects of this study are to analyse the international law concerning to the management on the overlapping area and to suggest some options for the conservation and development on the natural resources in the area as a interim arrangement before concluding the on-going negotiation for maritime boundary delimitation between Korea and China. The basic international law which regulate state’s activities in the surrounding area of Ieo-do would be the UNCLOS since Korea and China ratified the convention in 1996 and claimed the Exclusive Economic Zone in the same year respectively. According to the convention, it imposed state parties of dispute an obligation of mutual restraint in order to prevent any activities that endanger or hinder the final delimitation. However, it should interpret that the obligation does not mean to prohibit any activities which would be conducted in the overlapping area but allow some activities which does not involve physical damage to the seabed or subsoil or to their natural resources. In the aspect to conserving the living resources in the surrounding area of Ieo-do, it seems that both countries have not implemented its obligations under Art. 61, Art. 62 and Art. 63 para. 1 as well as Art. 123. Therefore, it is urgent to implement scientific research for the conservation and optimal use of the living resources in the Zone Where Current Fishing Patterns are to be maintained and to negotiate to agree upon the measures necessary to co-ordinate and ensure the conservation and development the living resources including overexploited species and straddling stockes based on the results of the scientific research. Finally, to resolve the overlapping claims over the continental shelf surround to Ieo-do including the possibility of transboundary oil and gas, Korea ,first of all, should confirm whether the transboundary resources exist on the area or not. Following the confirmation, Korea should prepare the maritime delimitation strategies on the overlapping continental shelf in the area with considering the China’s practice on the issues with Japan and Vietnam.