신 한일어업협정상, 독도와 그 주변 수역의 법적 문제
Legal Problems Regarding Tokdo and Its Peripheral Waters in the 1999 Korea/Japan Fisheries Agreement

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Issue Date
서울대학교 법학연구소
법학, Vol.40 No3 pp.109-132
獨島가 中間水域국제통화기금(IMF)자금지원과 독도문제를 연계
One of the crucial issues in the 1999 Fisheries Agreement between Korea
and Japan is whether the Joint Fishing Zone or the Intermediate Zone in the
East Sea (or the Sea of Japan) would exert certain effects upon the legal
status of Tokdo therein and its peripheral waters including the 12 mile
territorial sea. The Zone was established as a kind of provisional arrangement
as a result of the difficulties in negotiating maritime boundaries due to the
territorial controversy between Korea and Japan. The Fisheries Agreement did
not attach any formal name to the Zone, apparently because the two neighbors
were unable to agree on the legal status of the Zone. The Korean government
labeled it as an Intermediate Zone, whereas the Japanese government has
called it as Provisional Zone or Joint Management Zone. This is because
Japanese government has preferred a practical approach as provided in Art. 74
of the UN Convention on the Law of the Sea, wherein it is provided to the
effect that any disputing States over the delimitation of maritime boundaries
should make every effort to enter into provisional arrangements of a practical
nature without prejudice to the final agreement; whereas the Korean
government has rather opted for a neutral name. Since from the Korean point
of view there is no dispute over the islet of Tokdo, which has been Korean
territory since time immemorial except a brief period 1905-1945 under the
Japanese occupation, it is natural that Korea would like to maintain the high
seas status to the Zone as was provided in the 1965 Fisheries Treaty between
Korea and Japan. The term "Provisional Zone", as it is called by the Japanese,
might imply the existence of dispute over Tokdo. Many Japanese would rather
call it a Joint Management Zone, because certain provisions regarding the
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 40, Number 3 (2000)
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