The complex legal status of the Current Fishing Pattern Zone in the East China Sea

摘要

The purpose of this article is to analyze the legal status of fisheries in the East China Sea (ECS) pursuant to these fisheries agreements, focusing on the legal issues of the Current Fishing Pattern Zone (CFPZ) which is provided for in the Fisheries Agreement between Korea and China. The CFPZ is a zone or area in which Korean and Chinese fishing patterns that existed before the agreement are respected. Although the legal status of fisheries in the CFPZ appears to be very simple, it is in fact very complex due to the overlapping jurisdictions of Korea, China and Japan. Therefore, the fisheries regime is rather vulnerable with the possibility of increasing legal conflicts. However, it is noteworthy that fisheries conflicts come up rarely in these relevant waters. This article explores the bilateral fisheries agreements and EEZ laws of the respective states, and thereafter deals with the legal issues that arise in the execution of these agreements regarding the area of overlapping waters.