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《中韩渔业协定》与《中越渔业协定》在内容上不乏相似之处,如协定水域和渔业管理制度两者近似,两协定还建立了各自的渔业联合委员会,且中、韩、越三国实施各自协定的措施也类似。然而,上述两个协定的性质截然不同,协定的部分内容与影响协定实施效果的因素等也有差异性。两协定及其实施的比较可为解决中韩渔业冲突提供有益参考。而根本解决中韩两国间的渔业冲突需要两国继续推动海域划界谈判并尽早达成划界协议。但在划界完成之前,中国应正视中韩渔业协定的不足,与韩国展开谈判,修改或重拟新的渔业协定。同时,中韩两国还需进一步加强和完善双边渔业合作机制,严格执行船旗国管辖原则,并重视渔业资源的可持续发展。
The agreement between China and South Korea and the Sino-Vietnamese Fisheries Agreement contain similarities in content. If the agreed waters and the fishery management system are similar, the two fisheries associations have also established their respective fisheries committees and the implementation of China, South Korea and Vietnam The respective agreement measures are similar. However, the nature of the above two agreements is very different, and part of the agreement is also different from the factors that affect the effectiveness of the implementation of the agreement. The comparison of the two agreements and their implementation can provide useful reference for solving the fishery conflicts between China and South Korea. To solve the fishery conflict between China and South Korea at the fundamental level requires the two countries to continue pushing for the demarcation of the maritime boundary and reach an agreement on the demarcation as soon as possible. Before the demarcation is completed, however, China should face up to the insufficiency of the agreement on fisheries between China and South Korea, negotiate with South Korea, and amend or redraft the new fishery agreement. At the same time, China and South Korea need to further strengthen and improve the bilateral fishery cooperation mechanism, strictly implement the principle of flag state jurisdiction, and attach importance to the sustainable development of fishery resources.