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The Legal Status of the “Fishing Entities” in the Regional Fisheries Management Organizations - The Case of Taiwan -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2009, 43(3), pp.665-684
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Jeong Gab Yong 1

1영산대학교

Accredited

ABSTRACT

From ancient times, fishing has been a major source of food, the welath of aquatic resources was assumed to be an unlimited gift of nature. However, with the dynamic development of fishing skills need to provide a new framework fo the better management of marine resources. Traditionally, the subjects in international law have been considered to be states, while “Fishing Entities” have been regard as subject of international law only since 1990's and proliferation of the various international organizations. The past decade vast changes has happened in the new international law of the high seas fishing, the old aged “freedom of fishing” has changed into the “international management system”. “Fishing Entities” as subjects of international law has been changed rapidly, in particular Taiwan is regared as an “Fishing Entities” in several regional fishery management organizations (RFMOs). This study is aimed to analyze the legal concept of the “Fishing Entities(Case of the Taiwan) in the international fishery management organization, especially, 1995 UNFSA, FAO-COFI, CCSBT, WCPFC, IATTC, ICCAT, IOTC. The legal capacity and personality of the “Fishing Entities” depends on the convention of the specific RFMO, is composed of various factors that are name, position, participation and vote in the Commission and Sub-Committee, measures of conservation and management (boarding and inspection, VMS, scientific observer, control on the fishing vessel, port state control, collection and report of the scientific statistics, quotas, limits of the fishing vessels and their capacities, amendment of the Convention, etc.. It appears that claiming and fighting for a status as an “Fishing Entities” in the future, strengthens the “personality” and “legal capacity” of it as a subject of international law in various RFMOs. As a conclusion, Korea is a major high seas fishing country, it needs to promote mutual cooperation concerning high seas fishing and strengthen the good relationship of fisheries management between Korea and Taiwan.

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