The Korea-Japan Fisheries Agreement: Evaluating its legal framework and implementation for sustainable fisheries

Abstract

This article critically evaluates the 1998 Korea–Japan Fisheries Agreement in terms of its success in promoting sustainable fisheries in the East China Sea and the East Sea/Sea of Japan. While the agreement has helped maintain fishing order and mutual access between the two countries, it faces major structural and institutional flaws. The most significant issues include the overreliance on flag state control in special zones, the fragmentation caused by overlapping bilateral fisheries agreements among Korea, Japan, and China, and the limited role of the Joint Fisheries Committee (JFC).

Focusing on the Agreement’s legal framework and practical implementation, the article analyzes jurisdictional challenges in undelimited maritime zones and evaluates the performance of the JFC, the Agreement’s primary coordinating body. The analysis finds that the JFC has played a limited role, and more effective functioning is required to ensure sustainable resource management. These deficiencies have become particularly pronounced since 2016, as bilateral access negotiations stalled, and fishing activities declined under the Agreement’s framework.

To address these limitations, the article proposes three interrelated policy recommendations: (1) amending existing fisheries agreements to reduce or eliminate special zones and enhance coastal state responsibility; (2) establishing multilateral governance mechanisms to facilitate integrated and science-based management of transboundary stocks; and (3) revitalizing the JFC through enhanced scientific collaboration, data sharing, and procedural reforms. These measures are essential for moving beyond the current political impasse and ensuring long-term sustainability of regional fisheries in Northeast Asia.