국가관할권 이원지역의 해양보호구역과 어업 간 조화

Harmonizing Marine Protected Area and Fishery in the Areas beyond the National Jurisdiction

In the midst of technological advancement and states’ intensifying willingness to utilize more marine resources, the United Nations Convention on the Law of the Sea (hereinafter ‘UNCLOS’) is confronting significant challenges due to its legal lacunae, especially with a fishery issue in the high seas and the area. In this context, ‘marine protected area’ (hereinafter ‘MPA’) is regarded as the most effective tool in addressing the perennial problem of conservation and management of marine environment. In this regard, MPA is one of the main agendas in the United Nations Biodiversity beyond the National Jurisdiction (hereinafter ‘UN BBNJ’) meetings. Therefore, there is a dire need to comprehend the development of legal arguments accrued to the MPAs in the areas beyond national jurisdiction (hereinafter ‘ABNJ’) for drafting an internationally binding instrument.. Since there is a possibility of a third implementing agreement, it would be crucial to seek a balance between freedom of the high seas coined in the law of the sea and international community’s interest in conserving marine environment in the international environmental law. In order to tackle these conundrums, this paper applies policy-oriented jurisprudence as a legal methodology. The methodology aims to establish world public order by a thorough analysis on interest and values in the process of making international law and thus, will serve as a tool in interpreting concepts and trends in the development of the law of the sea. Henceforth, it would be necessary to determine the legal status of the ABNJ and the fishery resources. As of now, the relevant clauses in the UNCLOS does not lead to a detailed array of obligation on conserving fishery resources in the ABNJ. This piece of work aims to offer some suggestions as to the regulatory framework and the prescriptive goals of the upcoming legally binding international document, by incorporating ocean governance in the field of international law with the support of Policy-Oriented Jurisprudence approach. Hence, there are two-level suggestions for the UNCLOS implementing agreement and an international ocean governance in the ABNJ. To this end, an exemplary hybrid approach model would encompass both the international and regional regime. In this context, effective conflict or saving clause, and sunset clause should be considered in order to determine the competence among the existing regimes and specify states’ rights and obligations on marine environment protection; notably including ABNJ MPA and fishery. Ultimately, the theoretical debate between biodiversity and fishery will only be able to attain a multilateral MPA regime based on international ocean regime but and reinforcing international ocean governance for a sustainable fishery in the ABNJ.