A Study On The Effects Of The Agreement On Fisheries Between China And South Korea On The Criminal Jurisdiction Of Exclusive Economic Zone

According to the enforcement of "UN Convention on the Law of the Sea", China and Korea have established exclusive economic zone of 200 nautical miles and are utilizing their fish resources respectively and have had the right to conserve and manage their fishery resources. However the range duplication of exclusive economic zone has often happened because the periphery of sea between two countries is narrow.So through the long period of diplomatic efforts and mutual understandings and concessions, the two countries finally made a fisheries agreement in 2001, which called "The fisheries agreement of China and Korea". The fishermen who have a pratical interest in this fisheries agreement of China and Korea have thought that this system, so called "exclusive economic zone", restricted their traditional areas of fishing.From the standpoint of government officials who protect the exclusive economic zone, they have been demanded to strictly punish any illegal fishing activities in order to preserve their country’s fishery resources. So, in reality, the disputes and collisions sometimes happened between the government officials and fishermen.Through the comparative analysis of procedure and contents of legislation between two bordering countries, we need to confirm the ground of criminal jurisdiction of international law and national law about exclusive economic zone. According to implementing the legal criminal jurisdiction, the safety of officials and the right of fishermen can be guaranteed.This study consists of four chapters. In chapter 1, the legal and theoretical grounds of criminal jurisdiction of exclusive economic zone on the basis of "UN Convention on the Law of the Sea" between the bordering countries.Understanding the international society’s background of "UN Convention on the Law of the Sea", the new system establishment of exclusive economic zone, the enforcement of sovereignty right and executive procedure of criminal jurisdiction between two bordering countries.In chapter 2, through the investigation on "UN Convention on the Law of the Sea" and "The fisheries agreement of China and Korea" which reflected the actual reality of two countries, this study can analyze legal and theoretical grounds of criminal jurisdiction between two countries and figure out the background, detailed contents, application coverage, range of criminal jurisdiction and limitation of "The fisheries agreement of China and Korea". Right of hot pursuit is a practical way of the right of criminal jurisdiction according to the "UN Convention on the Law of the Sea" and "The fisheries agreement of China and Korea". Understanding the contents of other relevant international law, this study can grasp the conditions and limitation of the right of hot pursuit.In chapter 3, by comparing of legal and theoretical grounds on the basis of law that is related to criminal jurisdiction such as criminal law, this study can understand the meaning of criminal jurisdiction between two countries and grasp the connected regulations and its coverage of criminal law. This study can also comprehend the applicatory regulation and legal ground of criminal law about criminal jurisdiction for illegal activity between the two bordering countries and explain the detailed legislative contents and punishment of illegal activities about the exclusive economic zone between China and Korea at the same time.In chapter 4, on the basis of the problems stated before, this study is able to find the legislative problems about the exclusive economic zone between China and Korea. Some proposal will be suggested to prevent the conflict that has happened while they are fishing between two countries’officials and fishermen and to consolidate the cooperation about criminal law and other laws between China and Korea.