Third party fishing in an undelimited area under the Republic of Korea–Japan Fisheries Agreement

Third party vessels have recently been challenging a 1998 ROK–Japan fisheries order by fishing in the two sides’ undelimited EEZs. This article identifies the rights/powers that the ROK and Japan can exercise in relation to third party fishing before the geographical scope for the exercise of their sovereign rights is definitely established. Legal questions concerning this fishing remain unresolved in the absence of a specific provision in the ROK–Japan fisheries agreement. Thus, this article examines two legal issues arising from the DPRK's and China's squid fishing in the East Sea/Sea of Japan: (1) the ROK's and Japan's right to grant a fishing license to a third party and (2) their power to exercise law enforcement against third party fishing vessels. This article ascertains the existence of these two states’ implied rights concerned under their bilateral agreement. Article 74(3) of the UN Convention on the Law of the Sea is also interpreted to verify the compatibility of both states’ behavior regarding third party fishing with this provision. The findings of this article are expected to provide insights not only for China, Japan and the two Koreas but also for other states with third party fishing issues in their undelimited areas.