《中韩渔业协定》法律效力分析

Analysis on legal validity of Fishery Agreement between China and Korea

近年来,中韩渔业纷争迭起。《中韩渔业协定》是处理中韩渔业纠纷时最重要的法律文件,但其中关于渔业水域的划分在中国渔民传统捕鱼权保护方面存在疏失,对未来中韩海洋划界也会产生消极影响。分析《中韩渔业协定》的作用和意义,认为鉴于该协定的时间效力和空间效力,中国有权通过终止条约的方式进行自我救济。

In recent years, fishery disputes between China and Korea occur frequently. Fishery Agreement between China and Korea is the most important legal document in solving the dispute arising in fishery between China and Korea. However, there is something missing on the protection of traditional fishery fight of Chinese fisherfolk concerning the division of fishery water area, which also has negative inflence on the dividing of maritime boundary between China and Korea in the future. The function and significance of Fishery Agreement between China and Korea are analyzed, and it is believed that China has the fight to end this treaty as a path of self-remedy according to the time validity and space validity of it.