GEF
UNDP/GEF PROJECT ENTITLED "REDUCING ENVIRONMENTAL STRESS IN THE
YELLOW SEA LARGE MARINE ECOSYSTEM"
UNDP/GEF/YS/RGA Final Draft
Date: 2 November 2007
English only
Fourth Meeting of the Regional Scientific and Technical Panel
for the UNDP/GEF Yellow Sea Project
Guangzhou, China, 26-28 November 2007
Final Draft of the Regional Governance Analysis
The objective of carrying out governance analysis under the Yellow Sea Project is to
understand the underlying root causes of the Yellow Sea's ecosystem problems, through the
analysis of the whole political environment that affects environmental problems, and to
provide the basic foundation for identifying possible future interventions as part of the
project's preparative work for the development of a Strategic Action Programme for the
Yellow Sea.
National governance analyses for China and Republic of Korea (ROK) were conducted in
2006 to contribute to the Transboundary Diagnostic Analysis. The analyses examined
governance issues in the respective countries from the perspective of stakeholders,
institutions, and legislations and policies. However, the transnational nature of
environmental stress in the Yellow Sea region requires co-operative responses from states
in this region, including China, Democratic People's Republic of Korea and ROK, which
reveals a necessity of conducting the analysis of governance issues from the perspective of
the region.
The Project conducted a Regional Governance Analysis in co-operation with the Center for
International Law and Policy of Myongji University. The Analysis examined stakeholders,
international co-operative mechanisms, legislative status in the participating countries, and
institutional arrangements in the context of the Yellow Sea. Based on those examinations,
the Analysis then recommended creating "a YS LME Commission as a central mechanism to
address the [environmental] issues identified" in the Yellow Sea (Chung, 2007, Draft Report
of Regional Governance Analysis, clause 188). The YSLME Commission, "a soft, non-
legally binding, cooperation based institution" (ibid, clause 192), is expected to facilitate the
SAP implementation and to secure a sustainability of conservation efforts in the Yellow Sea."
The report was presented to the meeting of the Regional Working Group for Investment (16-
19 October, Jeju, ROK), and endorsed by the meeting. The final draft report received by the
PMO on 19 September 2007 is attached hereafter. The RSTP will be invited to consider the
report, and provide any relevant comments to finalise the report.
Regional Governance Analysis
for the UNDP/GEF YS LME Project
August, 2007
CHUNG, Suh-Yong
Director, Center for International Law and Policy
Myongji University
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Table of Contents
I.
Background of Assignment................................................... 6
II.
Methods used to carry out assignment....................................... 8
A. YS LME Context............................................................... 8
B. Legal and Political Science Analysis....................................... 8
C. Analysis of Stakeholders...................................................... 9
D. Interviews........................................................................ 9
III.
Major environmental problems in the Yellow Sea........................ 10
A. Pollution........................................................................ 10
B. Ecosystem..................................................................... 11
C. Fisheries........................................................................ 12
D. Unsustainable maricultural practices....................................... 13
E. Biodiversity..................................................................... 14
F. Concluding observations...................................................... 15
IV.
Regional Stakeholder Analysis................................................ 17
A. Governments..................................................................... 17
a.
China.................................................................. 17
b.
Republic of Korea................................................... 19
c.
Democratic People's Republic of Korea ...........................
21
B. International Organizations................................................... 22
C. NGOs........................................................................... 23
D. Private Sector.................................................................. 24
E. Concluding Observations...................................................... 25
V.
Analysis of existing international cooperative mechanisms............... 26
A. YS LME........................................................................ 26
B. NOWPAP........................................................................ 28
C. IOC/WESTPAC............................................................... 30
D. PEMSEA........................................................................ 31
E. GPA.............................................................................. 33
F. Concluding observations...................................................... 34
VI.
Analysis of existing legal institutions....................................... 35
A. UNCLOS........................................................................ 35
2
B. The London Convention and its 1996 Protocol........................... 37
C. 1973/1978 MARPOL......................................................... 41
D. Biodiversity Convention...................................................... 43
E. Agreement on Environmental Cooperation between ROK and China... 44
F. Treaties Concerning Fisheries................................................ 45
VII. Recommendations for future interventions................................. 49
A. Stakeholders..................................................................... 49
B. Cooperative Mechanisms...................................................... 52
C. Legal Institutions............................................................... 53
D. Creating the YS LME Commission.......................................... 54
Annex . Interview Questions...................................................... 60
Annex . List of Interviewees...................................................... 62
Annex . Bibliography............................................................... 63
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EXECUTIVE SUMMARY
Several issues need to be considered to realize effective regional governance in the
context of the YS LME Project. As the TDA and other YS LME reports point out, the
serious condition of the marine environment in the Yellow Sea necessitates a sound and
urgent response by the region.
Several stakeholders are involved in the regional governance in the Yellow Sea region.
While local governments' involvement remains low in regional governance, the role of
the central governments of China and Republic of Korea (hereinafter ROK) has been
critical. In China, the State Oceanic Administration has been involved in the YS LME
Project more closely than any other related ministries and governmental bodies, such as
the State Environment Protection Agency, the Ministry of Agriculture and others. In the
ROK, both the Ministry of Foreign Affairs and Trade and the Ministry of Maritime and
Fisheries Affairs are equally important, taking responsibilities for different aspects of
regional governance. Future efforts in regional governance must include attempts to
secure the participation of the Democratic People's Republic of Korea (hereinafter
DPRK), as this is critical for the geographical completeness and effectiveness of
regional efforts. Other stakeholders, such as NGOs and the private sector, have
participated in the regional governance less actively, although they may be more active
in other realms. Among international organizations, the UNDP has been closely
involved through the YS LME Project, and the UNEP and IMO seem to be relevant
organizations to regional governance issues to some extent.
There are several cooperative mechanisms identified relevant by this report in the
context of the YS LME Project. Northwest Pacific Action Plan by UNEP seems to be
more relevant to the regional governance in the YS LME Project context than any other
cooperative mechanism such as PEASEA, IOC/WESTPAC, and GPA. More coordinating
efforts are required to increase synergic effects by utilizing other cooperative
mechanism's achievements into the Yellow Sea region.
There are several important multilateral and bilateral treaties related to regional
governance in the Yellow Sea region. The United Nations Convention on the Law of the
Sea, the London Convention and its 1996 Protocol, MARPOL and the FAO Code of
Conduct for the Responsible Fisheries have relevance to the protection of the Yellow Sea
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marine environment. These instruments vary, however, in their levels of strictness and
scopes of coverage. On the other hand, two bilateral treaties on environmental
protection and fisheries also need to be considered in the regional governance context
in the Yellow Sea region. While these two treaties have developed further detailed
standards as well as cooperative institutions such as the Joint Fisheries Committee and
the Joint Committee on the Environment, further coordination with other cooperative
mechanisms and institutions is desirable to increase the overall effectiveness of regional
governance.
Finally, this report suggests the establishment of the YS LME Commission after 2009.
Further institutionalizing the YS LME Project's current efforts will ensure the continuity
and effectiveness of regional governance. With assistance from the UNDP and the GEF,
the YS LME Commission will ultimately become the central policy organization for the
realization of an environmentally sound Yellow Sea region. To achieve this goal, the YS
LME Commission will need to pursue action programs such as developing joint
scientific research projects, strengthening legal institutions and partnerships, capacity
building and financing.
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I.
Background of Assignment
1. To realize ecosystem-based, environmentally sustainable management and use of the
YS LME, the UNDP/GEF YS LME project focuses on identifying better ways of
furthering national and regional commitments to international agreements such as the
United Nations Convention on the Law of the Sea (UNCLOS), the FAO Code of
Conduct for Responsible Fisheries, and the Global Programme of Action (GPA). This
objective of the YS LME may be fulfilled by the preparation of the Transnational
Diagnostic Analysis (TDA) and Strategic Action Program (SAP) and the
implementation of the SAP.
2. The YS LME project has completed its TDA, which identifies environmental
problems, their root causes, and possible solutions. (UNDP/GEF, 2007) The TDA serves
as the scientific foundation for the SAP. One of the key roles of the SAP is that of
identifying management strategies for interventions and actions towards 2020. As this
requires policy recommendations for improving current relevant institutions at the
national level, YS LME also conducted two national governance analyses in China (Xu,
2006) and the Republic of Korea (Cho, 2006). The two reports deal with issues of
stakeholder analysis, institutional analysis, and legal and policy analysis.
3. Although national governance analysis may provide useful policy options to related
states, the purpose of the YS LME project can be better achieved by identifying and
understanding regional governance issues and finding practical and effective
management options at the regional level through the preparation and implementation of
the SAP. This is especially important in the Yellow Sea region because of the
transnational nature of the Yellow Sea region as well as its unique geopolitical features.
4. The importance of conducting regional governance analysis was raised during the
third meeting of the Regional Working Group for the Investment Component held in
Dalian, China, 9-12 September 2006. (RWG-Investment, 2006) In the same meeting,
the RWG-Investment agreed to conduct regional governance analysis, which was
considered in the third RSTP meeting held in Jeju, ROK, 20-22 November, 2006 and
approved in the third PSC meeting held in Jeju, ROK, 23-24 November, 2006. (PSC,
2006)
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5. The objective of regional governance analysis is to understand the underlying root
causes of the Yellow Sea's ecosystem problems through the analysis of the political
environment and to provide the basic foundation for identifying possible future
interventions as part of the preparative work for the development of the SAP for the
Yellow Sea.
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II.
Methods Used to Carry Out Assignment
6. In order to provide the basic foundation for identifying possible interventions at the
regional level and increase understanding of current regional governance in the Yellow
Sea region, this project is carried out using several methods.
A. YS LME Context
7. This project is carried out within the context of the YS LME project. As the current
stage of the YS LME project is one of preparation for the SAP, this project's focus will
lie in producing a report which will assist the YS LME in identifying policy, legal and
institutional issues as well as future interventions at the regional level. To meet this
objective, this project covers all previous and current products of the YS LME project.
They include, but are not limited to, the report of TDA, the National Governance
Analysis reports of China and the Republic of Korea, and the reports of the Regional
Working Groups. This project also closely follows the preparations for the SAP so as to
achieve its objectives as much as possible.
B. Legal and Political Science Analysis
8. Regional governance issues require social science-based analysis. While scientific
considerations are valuable in conducting regional governance analysis, the main focus
of this work will be on determining the most significant political and legal variables and
their impact on the dynamics of regional governance and identifying future
interventions required to improve regional governance.
9. In the legal field, international environmental law, the law of the sea, development
law, and national legal institutions will be the primary subjects to be analyzed. Special
attention will be given to relevant international treaties, including the Law of the Sea
Convention, the London Convention, and the MARPOL Convention. Relevant bilateral
treaties such as the bilateral fisheries treaty between China and the Republic of Korea
may also be considered for analysis.
10. This study's political analysis will include the effects of traditional security issues
on environmental regional governance, as political issues have important implications in
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building a regional cooperative mechanism in the Yellow Sea region. In particular, the
engagement of Democratic People's Republic of Korea (DPRK), a state that should be
included to cover the complete geographical scope of the YS LME project, is also
considered in this context.
11. Another important component of political analysis is to discuss the possible scenario
of the evolvement of regional governance. This analysis will help to identify feasible
future interventions for more effective regional governance. Analysis of the interactions
of cooperative mechanisms such as NOWPAP, IOC/WESTPAC, GPA and PEAMSEA
with YS LME is conducted and may provide a basis for helping the YS LME project to
find more effective ways of improving regional governance to address Yellow Sea
marine environmental issues.
C. Analysis of Stakeholders
12. It is important to identify relevant stakeholders to have effective regional
governance in this region. Central governments, local governments, international
organizations, NGOs and other actors are considered. Particular emphasis is given to the
status of stakeholders' involvement in regional governance in the YS LME context and
the merits and problems of this involvement.
D. Interviews
13. As important information and materials are not frequently available from secondary
sources, both email and on-site interviews have been conducted to identify issues and
collect valuable information and materials for regional governance analysis. Interviews
were conducted with government and international organizations both in China and the
Republic of Korea.
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III.
Major Environmental Problems in the Yellow Sea
14. In the Yellow Sea region, major environmental problems may be categorized into
four different groups: pollution, ecosystem, fisheries and biodiversity. The YS LME
Project has identified environmental problems according to these four areas.
A. Pollution
15. The major issue areas identified within the category of pollution are eutrophication
and contamination. (UNEP/GEF, 2007)
16. Eutrophication results primarily from the increased availability of dissolved
inorganic nitrogen and phosphorus in marine waters. This is caused by excessive
dissolved nitrogen from rivers and direct deposit wastewater discharge. These shifting
nitrogen, phosphate and silicate ratios are conditions under which blooms of potentially
toxic microorganisms such as dinoflagellates are expected become more frequent.
Excessive algal blooms that decrease water transparency have led to the creation of red
tides. Eutrophication has also reduced diversity among algal and zooplankton species;
newly dominant algae may have harmful effects on fish. In addition, excess organic
matter created by eutrophication strains the supply of oxygen available for sustaining
aerobic organisms in deeper waters.
17. Various contaminants enter the Yellow Sea, largely through the disposal of
household and industrial wastes. Some other volatile contaminants, such as
hydrocarbons, enter the marine environment via atmospheric transport or wet/dry
deposition.
18. A wide variety of contaminants are known to affect the Yellow Sea region. Fecal
substances enter the Yellow Sea primarily through sewer discharges, often carrying
fecal pathogens. These pathogens can cause possibly fatal diseases such as dysentery
and typhoid. Humans are in danger of coming in contact with fecal matter by
consuming contaminated water or seafood. Heavy metals are discharged into the Yellow
Sea mainly via industrial activities. Metals that may pose serious threats to the marine
environment and human health include lead, copper and mercury. These metals can pose
a threat to the public health as well as reduce the value of seafood. While Persistent
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Organic Pollutants (POPs) are not regarded as an immediate threat to public health or
the marine environment in the Yellow Sea region, they are of concern in the global
context and could pose health risks to humans and/or animals. Polcycyclic Aromatic
Hydrocarbons (PAHs) come from petroleum refinery operations, the
burning/incineration of solid wastes and metallurgical refining activities. These
substances can cause mutations and cancer.
19. The problems caused by marine litter (floating, submerged and standing debris in
the marine area) have become serious in the Yellow Sea region. Marine litter interferes
with amenities such as beaches and can cause damage to marine vessels. Currently, little
data is available to understand the exact impact of marine litter problems on the
environment of the Yellow Sea.
20. The reasons for the serious pollution problems in the Yellow Sea region lie in
inadequate controls over agricultural, industrial and municipal waste practices, limited
investment in the infrastructure for waste management, rapid economic development in
China, an inadequate balance in policies related to economic expansion and
environmental protection, and inadequacies in contemporary policy priorities.
B. Ecosystem
21. The major issue areas identified within the ecosystem category are the increased
frequency of harmful algal blooms, changes in species composition, changes in biomass
or abundance, and loss of benthic habitat in coastal areas. (UNDP/GEF, 2007)
22. A significant increase has occurred in the annual rate of algal blooms. These blooms
can cause increased mortality in mariculture stocks, thus reducing fishery yields and
increasing the risk of toxic seafood consumption for seafood consumers.
23. Significant changes in species composition have been identified in the Yellow Sea
ecosystem. For example, changes in dominant groups of zooplankton on the ROK coast
reflect changes in food web dynamics that can affect organisms at higher trophic levels.
In China, changes in the ratio of diatoms to dinoflagellates are likely due to the reduced
ratio of silicate in Yellow Sea waters relative to other nutrients. As the majority of toxic
algae and those that cause adverse effects on other marine organisms are dinoflegellates,
this shifting ratio may become cause for serious concern in the Yellow Sea region.
11
Furthermore, a sudden rise in jellyfish levels and change in benthic species composition
and dominant species are other sources of concern.
24. In the Yellow Sea, changes in the biomass and abundance of several key species
have been identified. The abundance of zooplankton has increased on the side of the
Yellow Sea bordering Korea while it has decreased on the side bordering China. On the
Korean coast, a shift in the seasonal pattern of zooplankton has also been observed.
Given that zooplankton and phytoplankton form the foundation of the entire marine
food web, changes in their levels of biomass, abundance and species diversity can affect
the entire food web and have consequences at higher levels of the marine organism
community.
25. The reasons for the problems concerning the ecosystem in the Yellow Sea lie in
overfishing, climate change associated with an increased concentration of carbon
dioxide in the atmosphere, rapid coastal development, and an inappropriate legislative/
regulatory balance between economic development and environmental protection.
These are the results of the limited achievements of the Kyoto Protocol, weak
enforcement of controls on fishing activities, and legislative and administrative
weakness in facilitating adequate protection of the coastal zone within the context of
economic development in the region.
C. Fisheries
26. The major issue areas in fisheries are declines in landings of many traditional
commercially important species, increased landings of low values species including
changes in dominant species, and unsustainable maricultural practices and their
consequences. (UNDP/GEF, 2006)
27. The scale of fishing operations on the Yellow Sea has increased steadily in recent
years. China and ROK's pooled percentage of total world fishing landings rose 10%
from 8.85% in 1998 to 19.54% in 2004. The Yellow Sea fisheries industry appears
relatively stable overall despite short-term fluctuations that could be attributable to
climate change or natural recruitment cycles. The Yellow Sea has yielded roughly 2.3
million tons of wild fish, or roughly 2 tons/square kilometer, in recent years.1 Catch per
1 North Sea regions with similar barthymetry yielded roughly 6 tons/square kilometer catch, while
Mediterranean Sea regions with far greater barthymetry yielded 4 tons/square kilometer.
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unit effort (CPUE) has increased significantly from 3200 kg per fishing vessel in 1986
to 17,200 kg in 2004. This could be a sign of either the vitality of Yellow Sea fishing
stocks or an increasing zealousness in fishery efforts.
28. Though the overall yield from fisheries in the Yellow Sea appear to be fairly
constant, landings of many traditional commercially important species have decreased,
whereas landings of low value species have increased. The dominant species of fish in
the Yellow Sea also appears to be changing. This is believed to be a direct effect of
overfishing and overexploitation of certain fish species. For example, stocks of Pacific
herring have declined substantially over time. The peak catch year for Pacific herring
was 1972, with 180,000 tons caught. The causes of the Pacific herring's catch declines
are thought to be overfishing and climate change. The annual catch of anchovies, on the
other hand, has increased as a result of increasing stocks and increased fishing efforts.
More than 1 million tons were caught in 1996 and 1997, making anchovy the largest
single species fishery in China. Given that this figure exceeds the maximum annual
sustainable yield of 0.6 million tons, the anchovy has also become a victim of
overfishing.
29. The reasons for shifts in dominant species and landings of commercially important
species lie in overexploitation of target fish species and climate change. These problems
have been caused by the absence of a comprehensive and effective system of fisheries
management, a lack of compliance assurance infrastructure, and poor recognition in the
policy/public sector of the limits of sustainable natural resource exploitation.
D. Unsustainable maricultural practices
30. Mariculture has grown significantly in both China and Republic of Korea since the
late 1980s. China's mariculture alone accounts for approximately 70% of the world's
mariculture today. Yellow Sea mariculture has risen from 400,000 tons in 1985 to 4
million tons in 1997. Mariculture growth has resulted in increased catches for all
cultivated species except shellfish. Seaweed is the dominant species in overall
production. The Transnational Diagnostic Analysis (TDA) suggests, but does not state
directly, that maricultrual catch rates have become unsustainably high. (UNDP/GEF,
2006)
31. Between 1995 and 2004, the area devoted to mariculture on the west coast of ROK
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has increased from 32,000 ha to 56,000 ha. Mariculture production has remained
essentially unchanged during that time period, which suggests that the density of
cultured organisms has decreased. China has not posted public data on this topic.
However, projections suggest that the area devoted to mariculture in China rose from
400,000 ha in 1995 to 1 million ha in 2004. Total mariculture production in China
appears to have grown by a factor of 2.25, which suggests that there has been no
significant decline in farm density of cultured organisms in China. The main
mariculture-related issues in China appear to be the increased coastal area devoted to
mariculture and the increasing proximity of mariculture farms, which increases the
threat of disease.
32. Reasons for unsustainable mariculture practices lie in overintensive mariculture
development, overexploitation of nature habitats, and the consequences of the release of
materials having adverse effects on the environment and human health concerns. These
problems have been caused by a lack of comprehensive and cohesive legislative
framework for coastal zone and maritime resource development, a lack of coordination
among sectors, and deficiencies in the application of sound science to sustainable
coastal development.
E. Biodiversity
33. The major problems in the Yellow Sea within the category of the biodiversity are
habitat loss and degradation, the introduction of xenobiotic species, and the decline of
endemic species. (UNDP/GEF, 2006) It is clear that anthropogenic, development driven
habitat change and other activities have changed the biodiversity of the Yellow Sea
system. However, currently available information cannot provide a comprehensive
appraisal of changes in biodiversity or quantify the socioeconomic costs of these
changes.
34. Anthropogenic actions have significantly changed the landscape of the Yellow Sea
over the past few decades, resulting in habitat loss and degradation for Yellow Sea
species. Land reclamation, for example, has turned 880,000 ha of the sea area into land.
This is 37% of the intertidal area in China and 43% of mudflats in Korea. China and
Korea both have aggressive plans to continue their land reclamation projects.
Consequently, the majority of coastal wetlands and tidal mudflats will have been
reclaimed for land development purposes within the next decade. This will have biggest
14
impact on tidal flat communities of organisms and will reduce the areas suitable for
resting/feeding for migratory birds. Increased mariculture has decreased marshlands by
30 % in the last 30 years, leaving a reduced habit for waterfowl/migratory birds. Heavy
erosion has occurred on roughly 2/3 of sandy foreshores due to sand mining of beaches
and extensive agricultural activities on coastal plains. Species community structure and
abundance of aquatic life in sandy and muddy shores have also been greatly altered,
with some species (such as the endangered lancelet) no longer having viable habitats.
35. Foreign species have been introduced either intentionally for
mariculture/aquaculture purposes or unintentionally via ballast water and vessel hull
transport. An integrated investigation of introduced species has not yet been conducted,
but some examples exist: scallops, kelp, suringar and Spartine anglica are among these
introduced species. The introduction of foreign species is considered a significant
problem within the field of environmental science and diminishes the integrity of an
ecosystem.
36. The decline of endemic species, pollution, and overexploitation of marine and
coastal living resources could be addressed within the category of biodiversity.
However, these issues are addressed in other relevant categories in this report.
37. The most significant causes of problems in the area of biodiversity lie in
overexploitation of fisheries and loss of habitat, climate change, increased demand for
seafood, engineering works on watercourses, and an inadequate balance between
economic development and environmental protection. These have been caused by
development in the absence of comprehensive and cohesive legislation to ensure
concomitant environmental and biodiversity protection, poor enforcement of existing
legislation and inadequate provision of public information.
F. Concluding observations
38. Most of the causes for the environmental problems in the Yellow Sea can be traced
back to the following:
Development being undertaken with limited consideration or understanding of
environmental and biodiversity protection coupled with poor enforcement and
inadequate public information
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An inadequate balance between economic development and environmental
protection
Weakness in legislation and/or inadequate enforcement of legislation related to
coastal zone management and protection
Limited effectiveness of the environmental constituency on government policy
Weak enforcement of controls on fishing activities, including illegal activities
Deficiencies in policing and regulation of traditional natural resource
exploitation practices and inadequate public information
Limited application of research knowledge to assimilative capacity and coastal
zone development
Limited and/or inadequate compliance assurance infrastructure
39. The current environmental problems in the Yellow Sea region are due to a few
linked root causes. The common features among identified root causes of the Yellow
Sea's environmental problems appear to be an inadequate balance between
socioeconomic development and environmental protection, poor enforcement of
existing environmental protection regulations, and ineffectiveness of the environmental
lobby on influencing regional governments. According to the TDA, the most important
interventions to incorporate into the Yellow Sea SAP are improvements to legislation
and related regulations that take the need for balance between socioeconomic
development and environmental protection into consideration. (UNDP/GEF, 2006)
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IV.
Regional Stakeholder Analysis
40. Since the nature of transnational environmental issues is complex, it is important to
have related stakeholders involved in the process of addressing these issues. Frequently,
in the global environmental governance context, governments, international
organizations, NGOs, and related industries are considered key stakeholders.
41. In the Yellow Sea region, various stakeholders need to be considered. As the level of
economic development, the political system, and cultural backgrounds are very different
among the Yellow Sea coastal states, concerted efforts to address environmental stress
in the Yellow Sea region require some effort. While a general understanding of the
importance of the participation of all relevant stakeholders, such as governments,
international organizations, NGOs and related industries, applies to the Yellow Sea
region, the unique dynamics of this region require a thorough understanding of the
stakeholders involved in regional environmental governance.
A. Governments
42. Governments are the most important stakeholders in regional environmental
governance in the Yellow Sea region. Traditionally, the Chinese central government has
exercised strong influence and control over domestic institutions, though there have
been tensions between the central and local governments in policy implementation. In
the Republic of Korea, the government plays an important and influential role in
developing and implementing policies. While the National Assembly, NGOs and the
private sector are important participants in policy development and implementation, the
executive branch has proposed, prepared, controlled, and implemented the nation's main
laws and regulations. In the DPRK, the Kim Jung-il regime is extremely authoritarian. It
is difficult to recognize other important stakeholders in developing and maintaining
policies in any kind.
a. China
43. The central government of China has increasingly participated in the various
regional efforts to deal with environmental problems including the marine environment
in the Yellow Sea. As China has achieved fast economic growth, environmental issues
17
have posed serious threats not only to Chinese society but also to the region as a whole.
44. Several Chinese ministries and agencies are concerned with the environmental
issues involved in the regional governance context. The State Oceanic Administration
(SOA) may be the most relevant government agency. The SOA is responsible for
managing, developing and monitoring state level policy measures such as (Xu, 2006):
Managing the territorial sea area
Conducting function zoning
Supervising marine environmental protection
Managing investigation and monitoring activities
Organizing scientific research on the environment
Preventing and controlling pollution damages
Monitoring marine environmental quality
Developing a State Oil Spill Contingency Plan for offshore oil exploration
and exploitation
45. The State Environmental Protection Administration (SEPA) also plays a significant
role in protecting the Yellow Sea marine environment. Responsibilities of SEPA in the
Yellow Sea environmental context include (Xu, 2006):
Guiding, coordinating and supervising the integrated environmental
protection of the marine environment
Preventing and controlling pollution damages to the marine environment by
the land-based pollutants and coastal construction projects
Making a State Contingency Plan for marine pollution by land-based
pollutants
Establishing state Sea Water Quality standards as well as Pollutant Discharge
standards
46. Although SOA and SEPA have different responsibilities concerning the marine
environment in the Yellow Sea, their frequently overlapping roles have been a problem.
For example, among the cooperative mechanisms for the protection of the marine
environment in the Yellow Sea, which will be discussed in far more detail in the later
part of this report, SOA is actively involved in the YS LME Project while SEPA is
representing China in NOWPAP. This lack of coordination poses problems in policy
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effectiveness at the regional level.
47. The Ministry of Agriculture (MOA) is also relevant to regional governance in the
Yellow Sea, as it is responsible for fishery related matters in China. The MOA deals
with not only management and control of fishery resources but also pollution incurred
by fishing vessels. (Xu, 2006) Other governmental bodies, such as the Navy and State
Tourism Administration, are also involved in issues of regional governance to protect
marine environmental issues in the Yellow Sea.
48. In contrast with the ROK, the Ministry of Foreign Affairs does not participate in
regional environmental issues in the Yellow Sea unless treaty related issues exist.
49. Jiangsu, Shandong and Liaoning provinces, the three provinces located on the
Yellow Sea coastal line in China, primarily implement policy measures developed by
the central government. The results of the interviews with Chinese local government
officials demonstrate that the degree of their direct involvement in international
activities remains low.
b. Republic of Korea
50. The ROK government has played an active role in international environmental
cooperation. Cooperative efforts by the ROK government have been sought after the
1992 UNCED in various ways. Due to the active role of the ROK government, the first
meeting of the Meeting of Senior Officials on Environmental Cooperation in Northeast
Asia (NEASPEC) and the first Intergovernmental Meeting of Northwest Pacific Action
Plan (NOWPAP) were held in Seoul. Since then, the ROK government has furthered its
active leadership role in regional environmental cooperation. For example, it hosted the
Regional Coordinating Unit (RCU) of NOWPAP in Busan (another office of the RCU is
in Toyama, Japan) and the Project Management Office (PMO) of the YS LME Project
in Ansan. On the Yellow Dust issues in Northeast Asia, the Korean government actively
sought for the close cooperation among interested governments that was stressed by the
Joint Press Statement by the head of the governments of China, Japan and ROK in the
10th ASEAN + 3 meeting. (Office of the President, 2007)
51. Within the ROK government, there are several ministries and other agencies
concerning the marine environment. These include the Ministry of Foreign Affairs and
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Trade (MOFAT), the Ministry of Marine and Fisheries Affairs (MOMAF), the Korea
Coast Guard, the National Fisheries Research and Development Institute (NFRDI), the
National Oceanographic Research Institute (NORDI), the Korea Ocean Research and
Development Institute (KORDI) and the Korea Maritime Institute (KMI).
52. Examples of other ministries and agencies which are related to marine
environmental issues include Ministry of Agriculture and Forestry (MAF), the Ministry
of Construction and Transportation (MOCT), and the Ministry of the Environment
(MOE). Particular attention needs to be paid to the Ministry of the Environment.
According to the official distribution of government bodies' jurisdictions, the Ministry
of the Environment only deals with non-marine environmental issues, but inland waters,
the environmental quality of which are closely linked to the marine environment, are
within its jurisdiction. Coastal marine environmental issues are mainly within the
jurisdiction of the MOMAF and the Korea Coast Guard.(Cho, 2006)
53. Special attention must also be paid to the role of government agencies in
international cooperation on marine environment issues. While the Ministry of Maritime
and Fisheries Affairs is responsible for the majority of marine environmental issues, the
Ministry of Foreign Affairs and Trade also plays an important role in international
cooperation in marine environmental matters. Most cooperative efforts to address the
marine environment in the Yellow Sea region are now in the development stage; their
futures will be determined by negotiations. These negotiations include not only
negotiations on legally binding treaties but other, non-binding cooperative mechanisms
such as scientific cooperation, the development of partnership programs, and the search
for the financial resources. Other non-marine environment diplomatic issues, such as a
joint cruise effort by the YS LME, are also being considered. While joint cruise may be
regarded as a solely scientific research activity, the results of the cruise may have other
implications, such as maritime delimitation and marine security. As a result, both the
Chinese and Korean governments have treated the joint cruise issue cautiously in light
of its broader regional diplomacy context. This demonstrates that, although the Ministry
of Marine and Fisheries Affairs specializes in the maritime issues, developing policies
on the marine environment in the Yellow Sea often requires the active participation of
the Ministry of Foreign Affairs and Trade.
54. Recently, the MOFAT has expanded its offices which deal with the marine
environment, thereby securing more room for developing and implementing policies on
20
international cooperation in the marine environment. However, further expansion of the
department's funding, expertise and capacity in this area is desirable.
55. The Korea Coast Guard has also been involved in international cooperation efforts
in the Yellow Sea. As a subsidiary agency of MOMAF, the Korean Coast Guard is
responsible for marine conservation and marine pollution response. For example, the
Korea Coast Guard is an active participant in Northwest Pacific Action Plan
(NOWPAP), supporting MERRAC's efforts to develop international cooperation against
oil spills. However, the frequent overlapping of its activities with those of MOMAF
needs to be addressed to avoid the creation of ineffective policy.
56. The importance of local government in international cooperation efforts related to
the Yellow Sea marine environment is minimal in the Republic of Korea. While local
governments may be important players in implementing policies, their role in
developing international cooperative projects remains limited. The results of interviews
with Korean local government officials show that this is partly because limited
budgetary resources are available for developing international projects. Another reason
for the limited importance of local governments in the regional governance is that most
issues concerning regional governance are addressed by the central government. Local
governments mainly focus on the implementing policies according to national laws and
regulations. (Cho, 2006)
57. Government affiliated bodies, including several research institutes such as the Korea
Ocean Research and Development Institute (KORDI) and the Korea Maritime Institute
(KMI), also contribute to regional activities by the ROK government, as they frequently
participate in international negotiations and policy development. Their constructive
roles are particularly important. While government officials work on a rotation basis,
which leads to a high turnover rate of desk officers of specific issues, researchers are
often assigned to follow up the specific issues. Therefore, their involvement may
guarantee the continuity of government projects.
c. Democratic People's Republic of Korea
58. As a hermit state, the DPRK's degree of involvement in any kind of international
cooperative effort is extremely low. While the DPRK has gained much international
attention due to its nuclear arms development, it has been reluctant to participate in
21
building partnership with other states. However, as its nuclear arms development issues
are on the path to resolution through constructive negotiations with regional states, the
DPRK may increase its willingness to engage in international cooperative efforts. In this
context, the DPRK's participation in regional environmental protection efforts is more
likely than before. While the degree of the DPRK's participation would likely be
limited, the symbolic implications of its engagement in regional cooperation would be
very high.
B. International Organizations
59. The role of international organizations in international environmental governance is
a significant one. After the creation of the United Nations system, international
organizations have played several important roles as follows (Porter & Brown, 1996):
Setting the agenda for global and regional action, and determining which
issues will be dealt with by the international community;
Articulating the aggregate interests of groups in negotiations;
Convening and influencing negotiations in regard to global and regional
environmental regimes;
Developing normative codes of conduct for various environmental issues;
Influencing state policies on issues that are not under international
negotiation.
60. In the Yellow Sea region, a few international organizations play a role in protecting
the marine environment. Among them, the United Nations Development Program, the
United Nations Environment Program and the World Bank (through the Global
Environmental Facility) are more involved than other international organizations.
61. The above organizations participate in cooperative activities through regional
cooperation mechanisms such as the YS LME Project and NOWPAP. Details of these
two cooperative mechanisms are discussed in the latter part of this report.
62. The UNDP plays a critical role in developing cooperative efforts in this region.
Among the five roles mentioned above, the UNDP seems to be most active in setting the
agenda for global and regional actions and determining which issues will be dealt by the
regional community. After the launch of the YS LME project, regional states, especially
22
China and the Republic of Korea, have paid noticeably more attention to addressing
problems in the Yellow Sea marine environment. However, in playing the other four
functions listed above, the UNDP faces limitations.
63. Present limitations to the UNDP's role are most significantly impacted by the
powerful impact of political and security issues in the Yellow Sea region relative to
other parts of the world. This situation poses some difficulties in the UNDP's efforts to
play its various environmental governance roles in the region. Another factor impacting
the UNDP's effectiveness is the limited availability of the financial resources. While the
UNDP (through the YS LME Project) is currently having a positive impact on the
region, it will face serious limitations in this regard if financial resources from the GEF
expire.
64. The United Nations Environment Program's role in regional efforts to protect the
marine environment in the Yellow Sea region is less significant than that of the UNDP.
With limited financial sources and political influence on Yellow Sea coastal states,
UNEP has faced limitations in carrying out the roles mentioned above except in a
limited capacity through NOWPAP.
C. NGOs
65. NGOs have become significant stakeholders in international environmental
governance. Frequently, NGOs have helped the global community understand serious
environmental problems. This important role of increasing public awareness by NGOs
is often carried out by demonstrations. Greenpeace and Friends of the Earth are good
examples of these types of NGOs. On the other hand, NGOs also help the global
community by providing policy alternatives. IUCN, World Resources Institutes and
WWF publish various reports to increase understanding of global environmental issues
and to exert influence over policy developments.
66. In the Yellow Sea region, however, the role of NGOs in regional environmental
governance is limited. Although NGOs in the Republic of Korea are very influential in
increasing public awareness and in influencing domestic policy, they have historically
been an insignificant stakeholder in regional governance and continue to have a limited
capacity in this realm. The case of the Korean Federation for Environment Movement
(KFEM), the largest environmental NGO within Asia as well as the Republic of Korea,
23
illustrates the limited role of NGOs in regional environmental governance. Because
KFEM's activities have historically been domestic in nature, including challenging the
activities of military and authoritarian regimes in Republic of Korea, its impact on
transnational issues has been limited. However, KFEM has recently made an increased
effort to understand the UN's role in regional environmental matters and has taken steps
to expand its activities in regional environmental issues such as Yellow Dust, waste
dumping in sea bodies, and marine mammal protection.(KFEM, 2006) These initiatives
will increase the level of participation of Korean NGOs in international environmental
issues, including the protection of the Yellow Sea marine environment.
67. Unlike activist NGOs, non-activist NGOs such as academic organizations have
played significant roles in regional environmental governance. They frequently organize
regional activities and play various important roles, such as reporting their research
results and networking with policy markers. In this sense, their level of involvement in
regional environmental governance is higher than that of activist NGOs.
68. The situation in China and the DPRK is very different. Given that both countries
maintain socialist political regimes, it is very difficult for NGOs to play significant
roles. (Xu, 2006) Most Chinese NGOs cannot be characterized as "activist" since they
don't share many characteristics with activist NGOs like those found in ROK; no
domestic NGOs of this kind are known to exist at all in the DPRK. This sometimes
leads to deficiencies in public awareness on environmental issues. On the other hand,
non-activist NGOs exist in China and the DPRK and cooperate with the governments
closely.
D. Private sector
69. Since environmental problems are largely byproducts of various industries'
industrial activities, the involvement of the private sector in regional environmental
governance is important to enhance the effectiveness of policies.
70. The Yellow Sea region is one of the most rapidly developing regions in the world.
Major world ports such as Shanghai and Incheon are located along the coast of the
Yellow Sea. Due to increased activity in the Yellow Sea, the likelihood of a major
environmental accident will also increase unless effective cooperative efforts are made
to control the heavy volume of trade in the region. The fishing industry has been
24
growing rapidly, especially in China as previously discussed. Tourism is also becoming
important in the Yellow Sea, growing rapidly along the coast. Oil and other heavy
industries have also contributed to significant environmental stress in the Yellow Sea
region. In particular, the oil industry along the Bohai Bay may be playing a role in
damaging the marine environment in the Yellow Sea, as frequent oil related
environmental problems in the Bo Hai Bay are reported. (Xu, 2006)
71. Despite the significance of various industries in the Yellow Sea, their involvement in
regional environmental governance is very limited. They have been regarded as the
targets of the implementation of various policy measures and remain outside the policy
formation process.
E. Concluding observations
72. In the Yellow Sea region, greater effort is needed for more effective environmental
governance by securing adequate participation from relevant stakeholders. The
following may be considered:
While there are only three states in the Yellow Sea region, governmental
structures are very different among them. Therefore, careful efforts must be
made to have relevant governmental bodies construct effective environmental
governance in the Yellow Sea region.
More active involvement of international organizations in regional efforts to
protect the marine environment in the Yellow Sea is required.
Given the differing statuses of NGOs in each state, the proper role of NGOs
must be identified and a constructive way of increasing their capacities and
involvement in the regional environmental governance determined.
The limited involvement of the private sector could become a problem.
Increased private sector participation will increase the effectiveness of regional
environmental governance efforts.
25
V.
Analysis of existing international cooperative mechanisms
73. There exist several international cooperative mechanisms which are related to
Yellow Sea marine environmental protection. These include the UNDP/GEF YS LME
Project, NOWPAP, IOC/WESTPAC, PEMSEA and GPA.
A. YS LME
74. The UNDP/GEF YS LME Project is one of the most relevant cooperative
mechanisms pertaining to the Yellow Sea region. As a part of GEF's International
Waters Program, YS LME was launched in the year of 2004. While the YS LME Project
does not play its role as an independent entity according to international law, it has
significantly boosted international cooperative efforts in the Yellow Sea region.
75. Major participants in the YS LME Project include the governments of China and the
Republic of Korea, and related research institutions. Recently, YS LME has expanded
its scope of cooperation by developing various partnership programs with international
organizations, NGOs, universities and others. (YSLME, 2006)
76. The main objective of the YS LME Project is to prepare the Strategic Action
Program for endorsement by participating governments. (YSLME, 2006) This will
eventually help the Yellow Sea region increase the effectiveness of regional
environmental governance, which will in turn help the region deal with environmental
stress. As of this report's writing, the YS LME Project has completed the TDA and set
regional targets which will become the basis for management and action via the SAP.
The YS LME's first stage is scheduled for completion in 2009, with the endorsement of
the finalized SAP by participating governments. At this time, the YS LME Project may
continue its work.
77. An important feature of the YS LME Project relative to other existing international
cooperative mechanisms is that only two governments are participating in it. As the
main part of the Yellow Sea is shared by the coastlines of two states, the small number
of participating states could increase the effectiveness of cooperation. Most YS LME
meetings and documents have been attended and produced by a core body of personnel
(government officials, experts, and NGOs). As a result, a naturally formed epistemic
26
community2 has helped YS LME and the related governments secure easy access to
experts and facilitated the use of existing resources.
78. At the governmental level, the central governments of both countries are more
deeply involved in the YS LME Project than local governments. The key ROK
ministries with an interest in the YS LME are the Ministry of Foreign Affairs and Trade
and the Ministry of Maritime and Fisheries Affairs. While the MOFAT is concerned
with general policy issues related to the marine environment in the Yellow Sea, the
MOMAF is responsible for more detailed implementation activities, such as providing
and arranging technical support. The level of participation of local ROK governments in
the YS LME project is very low.
79. The State Oceanic Administration (SOA) is the main Chinese governmental body
concerning the YS LME project. In addition, the Ministry of Agriculture, which is
responsible for fisheries matters, is loosely related to YS LME activities. In contrast
with the ROK's MOFAT, the Chinese Ministry of Foreign Affairs' degree of
involvement is low except in occasional cases where security and treaty related issues
are involved.
80. Furthermore, the involvement of China's local governments in regional
environmental governance is minimal. This is a product of their lack of expertise and
resources in carrying out international cooperative activities.
81. An important feature of the YS LME Project is that it depends heavily on experts to
resolve various issues during the course of implementing Project objectives. Important
technical decisions are often made via the discussions of experts in the five Working
Groups. While the Project Steering Committee (PSC) is the ultimate decision-making
body of the YS LME, it is rare that important decisions are made by PSC meetings. This
bottom-up approach of the YS LME Project is certainly beneficial to its effectiveness.
82. While the participation of only two participating states in the YS LME project could
be an asset, it could also be a serious barrier to its activities. Problems related to the
Joint Cruise by the two countries are a good example. Although carrying out joint cruise
activities is a critical part of the YS LME Project, tensions between China and Republic
of Korea due to the political and security implications of the joint cruise have, as of yet,
2 For the definition of the epistemic community, see Peter Haas, Saving the Mediterranean (1989).
27
not been resolved. Unless this issue can be overcome, other cooperative activities may
also be affected.
83. The participation of the DPRK is another issue that the YS LME project needs to
resolve. As the DPRK is an integral part of the Yellow Sea region, YS LME needs to
ensure a way of having the DPRK formally participate in the Project. This will increase
the feasibility and completeness of current cooperative efforts.
B. NOWPAP
84. The Northwest Pacific Action Plan is a part of the Regional Seas Program of the
United Nations Environment Program. Since its first Intergovernmental Meeting was
held in Seoul in the year 1994, NOWPAP has played an important role in stimulating
cooperative activities among Northeast Asian states. (NOWPAP, 2007)
85. The Republic of Korea, China, Japan and the Russian Federation are the member
states of the NOWPAP. While Mongolia attended the initial negotiations of the
NOWPAP, it is no longer present at meetings. The DPRK, an important country due to
its geographical location in the NOWPAP region, also does not participate in the
NOWPAP.
86. Among the Yellow Sea states, China's State Environmental Protection
Administration (SEPA) and the ROK's Ministries of Foreign Affairs and Trade and
Ministry of Maritime and Fisheries Affairs participate in the NOWPAP. In the ROK, the
specialized roles of participating ministries are similar to ones they play in YS LME.
87. The NOWPAP is a Regional Activity Center (RAC) based institution. Four RACs
are located in four different countries. The Special Monitoring and Coastal Environment
Assessment Regional Activity Center (CEARAC) is located in Toyama, Japan. The
Northwest Pacific Region Environmental Cooperation Center (NPEC) currently hosts
CEARAC. The main activities of CEARAC are to monitor and assess harmful algal
blooms and to develop new monitoring tools using remote sensing skills. (CEARAC,
2007) The Data and Information Network Regional Activity Center (DINRAC) is
located in SEPA's Policy Research Center for Environment and Economy in Beijing,
China. DINRAC's main objectives are the development of a region-wide data and
information exchange network, promotion of regional cooperation and exchange of
28
information on the marine and coastal environment in the NOWPAP region. DINRAC
aims to ultimately become the clearinghouse of the NOWPAP region. (DINRAC, 2007)
88. The Marine Environmental Emergency Preparedness and Response Regional
Activity Center (MERRAC) is based in the Maritime and Ocean Engineering Research
Institute within the Korea Ocean R&D Institute (MOERI/KORDI) in Daejeon, Korea.
MERRAC's main function is to develop regional cooperative measures in response to
marine pollution incidents, including oil and hazardous and noxious substances (HNS)
spills. (MERRAC, 2007) It is noteworthy that MERRAC's activities have been
successfully completed through joint efforts of both UNEP and the International
Maritime Organization (IMO). Recently, MERRAC also participated in work related to
the land-based sources of marine litter. Lastly, the Pollution Monitoring Regional
Activity Center (POMRAC), based in the Pacific Geographical Institute (PGI) of the
Far East Branch of the Russian Academy of Sciences in Vladivostok, Russia, is in
charge of cooperative measures to address the atmospheric deposition and
riparian/direct inputs of contaminants into the marine and coastal environment.
(POMRAC, 2007) Recently, integrated coastal and river basin management and work
on NOWPAP's marine environmental report have been added as new projects for
POMRAC.
89. NOWPAP launched a new project, the Marine Litter Activity (MALITA), at its 10th
Intergovernmental Meeting in 2005. (NOWPAP-a, 2007) Under the oversight of the
Regional Coordinating Unit (RCU), the Regional Activity Centers and the four Marine
Litter Focal Points are in charge of the implementation of MALITA. Since its launch,
two MALITA workshops have been held. The purpose of this project is to increase
public awareness about marine litter and to prevent and reduce marine litter in the
Northwest Pacific region in line with the global theme of sustainable development.
90. NOWPAP may be regarded as one of the most institutionalized cooperation
mechanisms in Northeast Asia. Its institutional development was furthered by the
launching the Secretariat and the Regional Coordinating Unit (RCU) in the year 2004.
However, if it is unable to resolve its lack of financial resources and the dearth of
serious results of activities, NOWPAP may face serious challenges and competitors in
the future.
91. Within the context of Yellow Sea marine environmental protection, NOWPAP could
29
be utilized as an important cooperative policy vehicle. Its geographic scope is more
comprehensive than that of the YS LME project, covering most of the marine area in
Northeast Asia. Member states of NOWPAP include Japan and Russia in addition to
China and the Republic of Korea, which could be a useful setting for the resolution of
Yellow Sea issues in a broader context.
C. IOC/WESTPAC
92. The Intergovernmental Oceanographic Commission (IOC) started its regional
project in the Western Pacific in 1965 and developed its Regional Committee for the
Western Pacific in 1977. Later, this committee was transformed into the IOC Sub-
Commission for the Western Pacific (WESTPAC) in 1989, based in Bangkok, Thailand.
93. As it is a regional subsidiary body of the IOC, IOC/WESTPAC performs its
functions within the general policy and budgetary guidelines of the IOC.
(IOC/WESTPAC, 2007) The primary objective of IOC/WESTPAC is to promote,
develop and coordinate marine scientific research programs, ocean services and related
activities. While pursing its objective, IOC/WESTPAC takes into account the specific
interests and needs of the member states in the region. IOC/WESTPAC, if necessary,
makes recommendations and proposals to the Commission and cooperates with regional
subsidiary bodies of UN organizations. IOC/WESTPAC also provides general guidance
and serves as a mechanism for member states for the formulation, evaluation and
follow-up of proposals for extrabudgetary projects aimed at strengthening national and
regional capabilities in marine scientific research and the establishment of common
institutions, services and facilities.
94. As of 2006, IOC/WESTPAC has twenty member states including France, United
Kingdom, the United States, and seventeen Asian countries. The highest body of
IOC/WESTPAC is the Session, which is held once every year.
95. IOC/WESTPAC is an expert-oriented organization, as it forms Task Teams to carry
out specific assignments, establishes Groups of Experts and organizes technical
meetings among the experts. Therefore, IOC/WESTPAC's outputs contribute to sharing
information and knowledge related to relevant scientific research, which may have an
influence on policy formation.
30
96. IOC/WESTPAC does not have any project directly related to the protection of the
Yellow Sea region's marine environment. However, as the Yellow Sea shares many of
the oceanic features of the greater Pacific Ocean, the results of the IOC/WESTPAC may
be pertinent to issues in the Yellow Sea. In this sense, it is noticeable that
IOC/WESTPAC has developed partnerships with YS LME, NOWPAP and PEMSEA.
D. PEMSEA
97. As East Asian seas are challenged by serious environmental problems, twelve
countries in East Asia, with the supports of GEF, UNDP and IMO, launched the
Partnerships in Environmental Management for the Seas of East Asia (PEMSEA). For
over a decade, PEMSEA has developed a number of activities through
intergovernmental, interagency and multisectoral partnerships. These activities include
integrated coastal management, subregional sea area and pollution hotspot management,
capacity building, environmental investments, scientific research, an integrated
information management system, coastal and marine policy work, work on regional
mechanisms, risk assessment, regional networking, intellectual capital development,
public mobilization, environmental investment and increasing political will on
environmental issues.
98. The objective of integrated coastal management is to enhance sustainable
development of coastal resources and the marine environment at the local level.
(PEAMSEA, 2007) To achieve the goal, PEMSEA, in particular, emphasizes the
important role of local governments in harmonizing environmental protection and
development. Eight sites have been selected as demonstration sites, including the city of
Nampo in North Korea. The major goals of each initiative include implementing
organizational and legal arrangements, building local capacity to plan and manage
coastal and marine areas, developing a 25-year strategic environment plan and short-
term action plans, facilitating environmental investment by both the public and private
sectors, installing an environmental monitoring program, training local people, and
establishing partnerships and building awareness among NGOs and community
organizations.
99. PEMSEA has selected demonstration sites such as the Bo Hai Bay, Saemankeum
Reclamation Area, Manila Bay and the Gulf of Thailand and has applied an innovative
approach to the environmental management of sub-regional sea areas. The purpose of
31
these activities is to create a common vision for semi-enclosed sea bordering areas in
the region and develop and implement a collective strategy and environmental
management program to achieve this goal. Capacity building is also an important
component of PEMSEA. Government officials, technical personnel and researchers
have participated in multi-focal training programs, which will help meet the demand for
human resource development in coastal and marine environmental management.
100. PEMSEA emphasizes scientific research and cooperation among member states. It
has established a Multidisciplinary Expert Group (MEG) and has conducted case studies
on ecosystem carrying capacity, the relationship between economic development and
ecological benefits, the impact of maritime trade on endangered species, the
transboundary impacts of national economic activities, and the socioeconomic benefits
of integrated coastal management. The results of research conducted, along with other
available data, are collected and managed in a database system. This serves as a
foundation for effective decision-making.
101. The participation of civil society is also an important component of PEMSEA.
Target civil society groups include NGOs, grassroots organizations, religious groups,
environmental journalists and other stakeholder groups.
102. One of the unique components of PEMSEA is its emphasis on private-public
partnerships. Encouraging private sector participation in PEMSEA initiatives has helped
meet its demand for financial and technological resources. Waste prevention and
management, environment related services, and information and technology are among
the projects available for private sector investment.
103. PEMSEA makes efforts to strengthen coastal and marine policy in the PEMSEA
region. A common strategy, action program, and long-term vision will be introduced to
the seas of East Asia. Measures developed for adoption into national coastal policy
include guidelines for the formulation and adoption of national coastal policy, model
national coastal policy and model implementing legislation. This activity will involve
policy level officials and regional and legal experts in PEMSEA's work. As national
coastal and marine policy is strengthened, PEMSEA will aim to develop a regional
mechanism to solve problems in the coastal and marine environment.
104. As PEMSEA is active in addressing issues in East Asian seas, it has important
32
implications for the Yellow Sea region. As a part of the greater body of East Asian Seas,
the Yellow Sea region may draw from the PEMSEA's experiences and results. That all
three of the Yellow Sea's coastal states are members of PEMSEA is another benefit,
because of the importance of DPRK's participation in the YS LME project in enhancing
its effectiveness. In particular, ongoing projects in Bohai Bay, Nampo City, and the
Saemankeum area (all are located in the Yellow Sea region but not addressed in the YS
LME Project) may add synergistic effects to the existing activities of the YS LME
Project.
E. GPA
105. Most sources of marine pollution originate from various human activities on land.
One billion people live in the coastal areas surrounding the Yellow Sea, and many local
economies also depend on these coastal areas. Despite the importance of addressing
pollution in these coastal and in-land areas, the global community remained inactive on
this issue until 1995, when the Global Program of Action for the Protection of the
Marine Environment from Land-based Activities and the Washington Declaration were
adopted. In the next year, the GPA Implementation Plan was presented to the
Commission on Sustainable Development. The GPA furthered its activities by
establishing the UNEP/GPA Coordination Office in the Hague, Netherlands in 1998.
106. The objective of the GPA is to prevent the degradation of the marine environment
from land-based activities by facilitating states' duty to preserve and protect the marine
environment as set out by many international treaties, including the United Nations
Convention on the Law of the Sea. (UNEP, 1999) The GPA provides recommendations
to states on the following activities:
Identifying and assessing problems
Establishing priorities for action as identified by problem assessment
Setting management objectives for high-priority problems
Identifying, evaluating and selecting strategies and measures to achieve these
objectives
Developing criteria for evaluating the effectiveness of strategies and measures.
107. To help states undertake its recommended activities, the GPA provides three levels
of capacity building and technical programs. Areas that the GPA focuses on are as
33
follows:
National Program of Action
Physical Alteration and Destruction of Habitats
Wastewater
Financing
Legislation
Small Island Developing States
Training
Regional Seas
108. Within the Yellow Sea context, the GPA may be of assistance in providing a global
scheme for addressing land-based pollution. As the GPA emphasizes the importance of
utilizing the Regional Seas Program, NOWPAP is expected to play a significant role in
GPA efforts to develop schemes to address land-based sources pollution in the region.
However, as discussed above, NOWPAP's ability to meeting the demands of the region
is limited.
F. Concluding observations
109. While the YS LME Project is the most relevant cooperative mechanism in the
Yellow Sea region, NOWPAP has developed significant relevance to the issues of the
Yellow Sea marine environment.
110. Neither body has been able to secure the participation of DPRK. Given their short
histories, they have not also produced tangible results.
111. Political elements in the Yellow Sea region affect cooperative efforts to address
marine environmental problems among coastal states.
112. While the importance of participation of relevant stakeholders in cooperative
activities is well understood, their levels of participation vary.
113. IOC/WESTPAC, GPA and PEMSEA have only limited relevance in the Yellow Sea
region. Further developments are needed to incorporate global or other regional
initiatives effectively into current efforts in the Yellow Sea region.
34
VI.
Analysis of existing legal institutions
114. International cooperative activities are implemented by legal institutions. As the
implementation of international efforts is in the hands of states, domestic legislation is a
decisive factor for the effective implementation of international institutions. Because
interaction among states in the form of trans-boundary movement of goods,
transnational transportation and transnational communication is increasing rapidly and
states are obligated under international law to enact compliant domestic laws,
international legal institutions are having a significantly greater impact on domestic
legislation. As a result, understanding the international legal institutions of relevance to
the Yellow Sea region marine environment is a critical step in enhancing the
effectiveness of regional efforts.
115. Those global and regional treaties that need to be given attention within the context
of the Yellow Sea region marine environment are the United Nations Convention on the
Law of the Sea, the London Convention and its 1996 Protocol, MARPOL, and bilateral
treaties between Republic of Korea and China on the environment and on fisheries.
A. UNCLOS
116. The United Nations Convention on the Law of the Sea acts as the framework treaty
governing the maritime issues. It provides basic principles on the preservation of living
resources, pollution, and regional cooperation. The basic principle of the Law of the Sea
divides the world's marine area into smaller pieces, with different levels of sovereign
jurisdiction in each portion.
117. Within its territorial seas, a sovereign state may exercise exclusive jurisdiction on
marine environmental issues, no matter where the sources of the seas originate. The
coastal state may enact and enforce relevant legislation to address issues pertaining to
the marine environment. In contiguous zones, states may exercise the control necessary
to prevent and punish infringement of its customs, fiscal, immigration or sanitary laws
and regulations. While UNCLOS does not explicitly address the issue of pollution in the
contiguous zone, states may address pollution related activities if they are related to
sanitary issues. UNCLOS also provides that coastal states have jurisdiction concerning
the protection and preservation of the marine environment.
35
118. Marine areas outside of state jurisdiction are known as the high seas.
International law has developed unique principles in these areas. Only flag and port
states may exercise jurisdiction concerning pollution in the high seas. Because of the
greater legislative freedom that exists in the high seas, the current UNCLOS framework
may not be effective in preventing and controlling environmentally harmful activities
therein.
119. Under the UNCLOS, member states bear responsibilities to preserve and protect
the environment. While states have the sovereign right to exploit their natural resources,
this right is limited to an extent that does not to harm the marine environment. States are
required to take, individually or jointly as appropriate, all measures to prevent, reduce
and control pollution of the marine environment from any source. States also shall take
all measures necessary to ensure that their activities do not cause pollution-related
damage to other states and their environments.
120. UNCLOS regulates different types of sources of pollution to protect the marine
environment: land-based sources, marine vessels, and various installations and devices.
States are required to prevent, reduce and control marine environment pollution
resulting from the use of technologies or the introduction of alien or new species.
121. One of the features of the UNCLOS in addressing marine environmental problems
is that it does not provide specific regulatory standards for the prevention, reduction and
control of pollution. Instead, it urges states to cooperate, globally and regionally, with
international organizations such as the International Maritime Organization in
formulating and elaborating international rules, standards and recommended practices
and procedures. UNCLOS also emphasizes the enactment of the domestic laws and
regulations which are consistent with international standards.
122. Under the UNCLOS, states that become aware of the imminent pollution-related
damage of the marine environment are obligated to notify other states and international
organizations that are likely to be affected by such damage.
123. In order to minimize the damaging effects of pollution, states are obliged to
develop and promote contingency plans for responding to pollution incidents in the
marine environment. States are also required to promote studies, undertake programs of
36
scientific research and encourage the exchange of information and data acquired about
marine environment pollution. To this end, states need to participate in regional or
global fact-gathering programs. A stringent set of rules, standards, and scientific criteria
are also required to protect the marine environment. UNCLOS has provisions
concerning technical assistance on this issue for developing countries.
124. To ensure the effective enforcement of international law and standards and relevant
domestic laws and regulations for the protection of the marine environment, flag states,
port states and coastal states are allowed to exercise their jurisdictions under the
conditions provided by UNCLOS.
125. In conclusion, while UNCLOS has introduced a number of provisions to protect
the marine environment, they are insufficient for developing detailed regulatory
standards on their own. Rather, it leaves the task of preparing and enforcing
international and domestic laws and regulations to international organizations and
states. UNCLOS also lacks the enforcement measures to ensure states that violate its
principles, decreasing its effectiveness in preventing, reducing and controlling pollution
in marine areas.
126. UNCLOS serves as the legal framework for states in the Yellow Sea region. Both
China and the Republic of Korea have developed detailed laws and regulations related
to the marine environment, thereby meeting the obligations under the UNCLOS.
However, the extent to which UNCLOS will be able to guarantee the development and
enforcement of the effective standards required for pollution prevention, reduction, and
control and other environmental issues in the Yellow Sea region remains undefined.
This will depend on whether a well designed web of international and domestic legal
institutions emerges through the development of regional environmental governance.
B. The London Convention and its 1996 Protocol
127. The 1972 Convention on the Prevention of Marine Pollution by Dumping of
Wastes and Other Matter is a global treaty to address the issue of marine dumping. Its
purpose is to control all sources of marine pollution and prevent pollution by dumping
wastes and other matter. The London Convention has been amended several times, most
recently in 1996 with the adoption of the 1996 Protocol. (IMO, 2007)
37
128. Article 2 of the London Convention obligates states to take effective measures,
both collectively and individually according to their scientific, technical and economic
capabilities, to prevent marine pollution caused by dumping and to harmonize their
policies with those of other states.
129. The London Convention uses a permit system to regulate sources of dumping-
related pollution, categorizing wastes and other matter into three categories and
regulating them accordingly. Annex I lists materials which are prohibited from being
dumped in the sea; Annex II list materials which require special permits for dumping.
All other materials require general permits for dumping.
130. Materials that are prohibited from being dumped in the sea under Annex I are as
follows:
Organohalogen compounds
Mercury and mercury compounds
Cadmium and cadmium compounds
Persistent plastic and other persistent synthetic materials
Crude oil and its wastes, refined petroleum products, petroleum, distillate
residues, and any mixtures containing any of these, taken on board for the
purpose of dumping
Radioactive wastes or other radioactive matter
Materials produced for biological and chemical warfare
Incineration at sea of industrial wastes defined in paragraph 11 of Annex I
131. Materials that may be dumped with a special permit under Annex II are as follows:
Wastes containing significant amounts of arsenic, beryllium, chromium,
copper, lead, nickel, vanadium, zinc, and their compounds
Organosilicon compounds
Cyanides
Fluorides
Pesticides and their by-products not covered in Annex I
Waste and other materials which contain materials prohibited under the
Annex I
Waste and other materials which contain de minimis levels of radioactivity
38
Containers, scrap metal and other bulky wastes liable to sink to the sea
bottom which may present serious obstacles to fishing or navigation
Materials which, though of a non-toxic nature, may become harmful due to
the quantities in which they are dumped, or which are liable to seriously
reduce amenities
132. Waste and other materials, dumping of which is not prohibited or requires a special
permit, are allowed to be dumped in the sea with a general permit. The London
Convention provides a guideline for issuing such permits.
133. The London Convention also provides provisions concerning the development of
cooperation in the region as well as with other international organizations. Article 8 of
the London Convention asks states to endeavor to enter into regional agreements
consistent with the Convention. Article 12 states that nations should make efforts to
promote measures to protect the marine environment against pollution caused by
materials governed by the London Convention via competent specialized agencies and
international organizations.
134. The Protocol to the Convention of Marine Pollution by Dumping of Wastes and
Other Materials was adopted in 1996 and entered into force in 2006. The 1996 Protocol
can be regarded as an amendment to the London Convention. It introduces the
innovative approach of preventing dumping wastes and other materials in the sea with
only limited exceptions. (IMO, 2007)
135. The 1996 Protocol strengthens prevention and control of the sources of dumping-
related pollution by introducing a provision of general obligations. Article 3 of the 1996
Protocol emphasizes a precautionary approach, a polluter pay principle and an
obligation not to transfer damage to others.
136. As mentioned above, the most innovative feature of the 1996 Protocol is its
limited-exception ban on dumping. Article 4 of 1996 Protocol allows states to dump
wastes and other materials only under Annex I with a permit. Those wastes and
materials under Annex I are:
Dredged material
Sewage sludge
39
Fish waste or material resulting from industrial fish processing operations
Vessels and platforms or other man-made structures at sea
Inert, inorganic geological material
Organic material of natural origin, and
Bulky items primarily comprising iron, steel, concrete and similarly
unharmful materials for which the concern is physical impact, and limited to
those circumstances where such wastes are generated at locations such as
small islands with isolated communities having no practicable access to
disposal options other than dumping
137. Dumping wastes and materials under Annex I requires a permit. States have an
obligation to adopt administrative or legislative measures to ensure that their issuance of
permits and permit conditions complies with provisions of Annex II. States can take
further steps to prohibit wastes and materials from dumping.
138. The 1996 Protocol leaves open the possibility of extending its geographical scope
of application to internal waters, which usually are not within the interests of
international law. According to Article 7, states must apply the 1996 Protocol to control
the deliberate disposal of wastes and other matter in marine international waters. States
have the additional obligation of providing the IMO with information on legislation and
institutional mechanisms regarding implementation, compliance and enforcement in
marine internal waters.
139. In conclusion, the London Convention and its 1996 Protocol have served as a good
regulatory basis for addressing the dumping of wastes and other materials in the sea.
They provide not only related principles but also a detailed list of regulated wastes and
materials. Strengthening regulations on the dumping of wastes and other materials by
prohibiting dumping in general only with limited exceptions as well as expanding its
geographical scope of regulation to internal waters through the 1996 Protocol will
contribute to the increasing effectiveness of dumping regulation.
140. As a large part of the Yellow Sea region's pollution problems occur as a result of
dumping, establishing an effective compliance mechanism to the London Convention
and its 1996 Protocol will help the region prevent, reduce and control dumping-related
pollution in the Yellow Sea. However, among regional states, only China is the member
to both the London Convention and the 1996 Protocol. (IMO, 2007) The ROK is a
40
member only to the London Convention, and the DPRK is not member to either of the
two treaties. Given that not all regional states are members to the London Convention
and the 1996 Protocol, efforts need to be made to ensure the full participation of the
region's states in these two treaties.
C. 1973/1978 MARPOL
141. The 1973 International Convention for the Prevention of Marine Pollution from
Ships and its 1978 Protocol aim to preventing marine pollution by ships from accidental
and operational causes. Since the issue was first discussed in Washington in 1926,
public awareness of the seriousness of ship-related pollution has been increased. The
1954 International Convention for the Prevention of Pollution of the Sea by Oil
(OILPOL) primarily addressed pollution from routine tanker operations and from the
discharge of oily wastes from machinery spaces. As oil trade and development
increased, further actions were required. After the Torrey Canyon accident of 1967, an
international conference organized by IMO led to the 1973 adoption of the International
Convention for the Prevention of Pollution from Ships. This convention was intended to
address pollution via chemicals, harmful substances carried in package form, sewage,
and garbage in addition to oil. However, this convention got little attention from the
international community and faced the possibility of not entering into force.
Consequently, the MARPOL Protocol was adopted in 1978, providing states more
flexibility in observing their obligations than under the 1973 MARPOL. As a result,
the 1973 International Convention for the Prevention of Marine Pollution from Ships, as
modified by the 1978 Protocol (MARPOL 73/78), finally entered into force in 1983.
(MOMAF, 2007)
142. To achieve its goal of regulating pollution from ships caused by accidents as well
as routine operations, MARPOL 73/78 has six technical Annexes as follows:
Annex I: Regulations for the Prevention of Pollution by Oil
Annex II: Regulations for the Control of Pollution by Noxious Liquid
Substances in Bulk
Annex III: Prevention of Pollution by Harmful Substances Carried by Sea in
Packaged Form
Annex IV: Prevention of Pollution by Sewage from Ships
Annex V: Prevention of Pollution by Garbage from Ships
41
Annex VI: Prevention of Air Pollution from Ships
143. Annex I is to prevent pollution by oil. The 1973 Convention maintained the oil
discharge criteria under the 1969 amendments to the 1954 OILPOL without substantial
changes. It allows operational discharge of oil from tankers only when three conditions
are met. Those conditions are:
the total quantity of oil which a tanker may discharge in any ballast voyage
whilst under way must not exceed 1/15,000 of the total cargo carrying
capacity of the vessel;
the rate at which oil may be discharged must not exceed 60 liters per mile
traveled by the ship; and
no discharge of any oil whatsoever must be made from the cargo spaces of a
tanker within 50 miles of the nearest land
144. Furthermore, in Annex I of the 1973 Convention, the maximum quantity of oil
permitted to be discharged on a ballast voyage of new oil tankers was reduced from
1/15,000 of cargo capacity to 1/30,000 of the amount of cargo carried.
145. The 1978 Protocol amended Annex I extensively. Its segregated ballast tanks
(SBT) requirement was strengthened and provisions concerning crude oil washing,
clean ballast tanks (CBT) systems, and drainage and discharge arrangements were
introduced or altered under the 1978 Protocol.
146. Annex II concerns the control of pollution by noxious liquid substances by
providing four discharge criteria and measures for the control of pollution by noxious
liquid substances carried in bulk. Approximately 250 evaluated substances have been
cleared for discharge to reception facilities under the conditions provided by the
MARPOL 73/78.
147. Annex III prevents pollution from harmful substances in packaged form. Unlike
Annexes I and II, Annex III-VI are optional. Requirements for the issuing of detailed
standards for packing, marking, labeling, documentation, storage, quantity limitations,
exceptions and notifications of harmful substances are provided by Annex III.
148. Prevention of pollution by sewage and garbage from ships is addressed in Annex
42
IV and V, respectively. Detailed requirements for the control of sewage and garbage
from ships are provided by these Annexes. Annex V completely prohibits the dumping
of all forms of plastic.
149. Annex VI was adopted in 1997 and entered into force in 2005. This Annex controls
sulfur oxide and nitrogen oxide emissions from ship exhausts and bans the deliberate
emission of ozone depleting substances.
150. In conclusion, through a number of amendments to the 1973 Convention, in the
form of MARPOL 73/78, marine pollution from ships has been decreased. All three of
the Yellow Sea's coastal states are members to all of MARPOL's annexes, except Annex
VI by the Democratic People's Republic of Korea. (IMO, 2007) Therefore, it is
important for each state to ensure the effective implementation of MARPOL 73/78
through domestic laws and regulations to address the pollution from ships in the region.
D. Biodiversity Convention
151. The Convention on Biological Diversity was adopted in 1992 and entered into
force in 1993. The main objective of the Convention on Biological Convention is the
sustainable use and equitable sharing of benefits of biological assets. Substantive
provisions deal with measures for the conservation of biological diversity, incentives for
the conservation and sustainable use of biological diversity, research and training,
public awareness and education, assessment of the impacts of projects on biological
diversity, regulation of access to genetic resources, and access to and transfer of
technological and financial resources.
152. The Conference of Parties of the Convention of the Biological Diversity has
developed five thematic work programs, addressing marine and coastal biodiversity,
agricultural biodiversity, forest biodiversity, the biodiversity of inland waters and the
biodiversity of dry and sub-humid lands. These programs have several common
components as follows:
establishing a vision for and basic principles to guide future work
setting out key issues for consideration
identifying potential outputs
suggesting a timetable and means for achieving the outputs
43
153. Other features of the Convention of Biological Diversity include an emphasis on
the ecosystem approach, a review of Convention operations and development of a
Strategic Plan, and cooperation with other biodiversity-related conventions, institutions
and processes.
E. Agreement on Environmental Cooperation Between the Government of the Republic
of Korea and the Government of the People's Republic of China
154. Since it was signed in 1993, the Agreement on Environmental Cooperation
between the government of the Republic of Korea and the government of the People's
Republic of China has provided a bilateral cooperation framework for solving common
issues between two countries. The Agreement falls under the jurisdiction of the Ministry
of Foreign Affairs of Trade of the Republic of Korea and the Chinese State Environment
Protection Administration (SEPA).
155. In adherence to the Agreement, China and ROK have conducted several
cooperative activities such as the exchange of information, experts and government
officials, joint seminars/symposiums and joint research. Areas of focus have included
air pollution, water contamination, coastal and marine pollution control, control of
hazardous wastes and regulation of the movement of hazardous wastes.
156. To maintain effective cooperation between the two governments, the Agreement
established the Joint Committee on Environmental Cooperation between the
government of Republic of Korea and the government of People's Republic of China
(JCEC). The JCEC is the primary organization responsible for the implementation of the
Agreement. The majority of relevant ROK ministries and agents participate in the
JCEC, including the Ministry of Foreign Affairs and Trade, the Ministry of
Environment, the Ministry of Fisheries and Marine Affairs, the Korea Meteorological
Administration, and related research institutes. On the other hand, the State
Environment Protection Agency is virtually the sole Chinese participant in the JCEC,
with the Chinese Ministry of Foreign Affairs and Trade participating in limited terms.
157. Several important projects have been conducted under the JCEC. Seven of these
projects are on-going, including the Joint Research of the Yellow Sea Marine
Environment. At the most recent (12th) meeting of the JCEC, held in China in June
44
2007, commitments were made to carry out several new joint projects, including
cooperation on response to problems associated with Yellow Dust, marine
environmental protection in the Yellow Sea, cooperation in the development of
environmental industries, and joint research on environmental technologies. (MOFAT,
2007a)
158. This bilateral treaty could serve as a solid basis for addressing comprehensive
regional environmental problems, including the Yellow Sea marine environment,
between Republic of Korea and China. However, the fact that SEPA remains virtually
the sole Chinese participant in the JCEC could be a very serious limitation in yielding
effective results from the cooperation-building efforts between two states.
F. Treaties Concerning Fisheries
159. The issue of fisheries is one that merits careful discussion, as it has become a
serious threat to the maintenance of a sustainable marine environment in the Yellow Sea
as discussed above. The primary legal institutions related to the fisheries issue in the
Yellow Sea region include the UNCLOS, the FAO Code of Conduct for Responsible
Fisheries and the bilateral Fisheries Agreement between the Republic of Korea and
China.
160. As in other environmental issues in the Yellow Sea, UNCLOS serves as general
legal guideline in fisheries issues. UNCLOS introduced an Exclusive Economic Zone
(EEZ) for fisheries, breaking with historical conventions of dividing maritime areas into
High Seas and Territorial Seas. Coastal states may extend their jurisdiction to the EEZ
beyond their own territorial seas by obtaining rights to control EEZ living resources. In
the EEZ, coastal states are obligated to conserve and manage living resources rather
than simply exploiting them.
161. Article 61 of the UNCLOS states that the coastal states have obligations to
determine the allowable catch of living resources and to maintain or restore populations
of harvested species at levels which will be able to produce the maximum sustainable
yield in EEZs. States are required to share and consider relevant scientific data and
evidence. Under Article 62, coastal states also need to utilize an EEZ's living resources
optimally while allowing other states access to the surplus of the allowable catch
through agreements and other arrangements and pursuant to the laws and regulations of
45
the coastal states. Articles 63 to 67 address special species-related issues. The
implication of extending coastal states' jurisdiction over living resources in EEZs is the
establishment of an effective legal basis for the prevention of overfishing by these
states.
162. In territorial seas, UNCLOS allows coastal states to exercise sovereign rights over
natural resources, including fisheries. On the other hand, in the high seas beyond the
EEZ, all states have the right to engage in fishing under the certain conditions provided
by UNCLOS. At the same time, states also have an obligation to take necessary
measures to conserve living resources in the high seas. To this end, UNCLOS urges
states to establish regional or sub-regional fisheries organizations.
163. The FAO Code of Conduct for Responsible Fisheries is not a legally binding
instrument, but provides guidelines to states. While UNCLOS is general in its nature,
the FAO Code of Conduct is more detailed and specific concerning fisheries-related
issues. It sets out principles and standards of behavior for states related to the
conservation, management and development of fisheries. As an instrument of reference
for both FAO member and non-member states, the FAO Code of Conduct covers the
entire process of capture, processing and trade of fish and fish products, fishing
operations, aquaculture, research and the integration of fisheries into coastal area
management. Geographically, while UNCLOS applies different rules to territorial seas,
EEZs and the high seas, the FAO Code of Conduct treats fisheries on the high seas,
within the EEZ, and in territorial waters in a uniform manner.
164. Article 6 of the FAO Code of Conduct is usually regarded as a provision which sets
out the outline of the FAO Code of Conduct. The principles stipulated in Article 6 are as
follows:
Conservation of aquatic ecosystems
Promotion of food security interests
Prevention of overfishing and excess capacity
Dependence on the best scientific evidence available for conservation and
management decisions
Application of the precautionary principle
Development of further selective and environmentally safe fishing gear
Maintenance of the nutritional value, quality and safety of fish and fish
46
products
Protection and rehabilitation of critical fisheries habitats
Ensuring compliance with and enforcement of conservation and
management measures and establishing effective mechanisms to monitor and
control the activities of fishing vessels and fishing support vessels
Exercising effective flag state control
Cooperation with sub-regional, regional, and global fisheries management
organizations
Ensuring a transparent and timely decision making process
Conducting fisheries-related trade according to established WTO rules
Cooperation to prevent disputes and resolving disputes in a timely, peaceful
and cooperative manner
Promoting public awareness
Ensuring safe and healthy fish facilities and fish farms
Protection of fishermen and fish workers
165. The Republic of Korea and China's bilateral Fisheries Agreement concerning
fisheries issues in the Yellow Sea also deserves attention. This agreement articulates
these states' agreement to conserve and manage living resources, manage fishing
activities and promote cooperation on fisheries activities in accordance to UNCLOS in
the EEZs of the two countries.
166. The following principles have been established for the countries' EEZs:
Fishing vessels from each country need to acquire fishing permits from the
other country within the EEZ of the other country.
Fishing vessels are under obligation to observe the laws and regulations for
the conservation of the marine environment of the other country while within
the EEZ of the other country.
Each coastal country reserves the right to enforce relevant measures to
maintain fisheries within its own EEZ.
167. The Fisheries Agreement also instituted a unique system to deal with the two
countries' overlapping EEZs. This overlapping area was designated as the Provisional
Area3 and was governed by a unique set of rules. (Y.H.Park, 2006) The Joint Fishery
3 Before June 30, 2005, a so-called Transitional Area also existed. This area was established in the area
47
Commission was established to decide marine environment conservation issues and
enforce measures to maintain fisheries order. Under the circumstance that one party was
found to breach a decision of the Joint Fishery Commission, the other party had
authority to alert the other party of this fact and call attention to the other party's act.
168. In conclusion, in the Yellow Sea, fisheries matters are mainly governed by the
Fisheries Agreement between the Republic of Korea and China. This agreement reflects
related provisions of the UNCLOS. On the other hand, the FAO Code of Conduct
remains loosely applied and is not incorporated into any sub-regional cooperative
mechanisms.
where the two parties could not agree on whether to apply the rules of the EEZ or of the Provisional Area.
As a result, for a period of four years after the agreement entered into force, rules of the EEZ were not
applied to the Transitional Area. However after June 30, 2005, this area became part of the EEZ of both
countries and was henceforth governed by the rules of the EEZ.
48
VII. Recommendations for future interventions
169. Future interventions for the ecosystem-based, environmentally sustainable
management and use of the YS LME require an understanding of various aspects of
regional governance issues. Interventions suggested in this section are ones that may be
adopted and pursued to be implemented until 2020 in the YS LME project context.
Different interventions may be required if the geographical and/or project scope is
expanded or changed.
A. Stakeholders
170. This report's analysis has identified different levels of involvement among
stakeholders within the current regional governance framework in each of the region's
states. This is natural because each country has unique political, social and economic
dynamics.
Degree of Current Stakeholder Involvement in Regional Governance
in the Yellow Sea region
Central Gov. Local Gov. NGOs Private Sector
China very
strong weak
weak weak
ROK very
strong weak
weak weak
DPRK n/a
n/a
n/a
n/a
a. China
171. In China, the central government, especially the SOA, has been heavily involved in
regional governance in the YS LME context. In the case of the local governments, more
coordination among the local governments, along with capacity building for their
contributing role in the regional efforts, is necessary. The weak participation of Chinese
NGOs in regional governance is assumed to be the result of the relative weakness of
civil society in China. While the participation of the private sector in regional
governance is important, both the relatively small scale of industries and the public
49
sector's domination of the private sector in Chinese social institutional dynamics has
resulted in the weak participation of the private sector in regional governance.
172. In the Republic of Korea, central government agencies such as the Ministry of
Foreign Affairs and Trade and the Ministry of Maritime and Fisheries Affairs play
important roles in Yellow Sea regional governance. The results of interviews with
Korean government officials demonstrate that the degree of participation of local
government remains low as most transnational issues are decided by the central
government. The strong influence of the central government over local governments
may also play a role in local governments' relative unimportance as a player in regional
governance issues. Though they are very influential in domestic environmental issues,
South Korean NGOs' limited capacity for handling transnational issues has limited their
involvement in regional governance issues in the Yellow Sea. The ROK private sector is
an important actor in the Yellow Sea region's marine environment but has not been
given the opportunity to become involved in regional governance.
173. Future interventions concerning regional governance stakeholders need to take the
balance between reality and desired outcomes into consideration. The following chart
demonstrates the participation levels of stakeholders in regional governance through
2020.
Importance of Stakeholders in Regional Governance through 2020
Central Gov. Local Gov. NGOs
Private Sector
China very
strong medium weak medium
ROK very
strong medium medium medium
DPRK very strong
weak
weak
weak
174. In China, fragmentation and competition among ministries and agencies is much
more serious than in Korea. Given the resources available to the YS LME, it may not be
feasible to involve all relevant governmental bodies in YS LME regional governance.
Instead, the involvement of China's most important government organizations,
especially the SOA, should be sought. Additionally, continuous efforts to include other
relevant central government bodies, such as SEPA and MOA, should be made. Local
government may be also considered for inclusion in future regional governance
measures. In particular, relevant provincial governments are in need of involvement in
50
transnational efforts to some extent.
175. As it will take a relatively long time for Chinese NGOs to play a constructive role
in addressing environmental issues, it is not realistic to expect their strong participation
in regional governance in the Yellow Sea. Instead, efforts should be focused on NGO
capacity building.
176. The private sector, particularly large scale multinational corporations, should be
involved more actively in the regional efforts. Given the situation where limited
resources are available to Chinese local governments, their involvement may
increasingly provide adequate financial and informational sources to Chinese society.
b. Republic of Korea
177. In the Republic of Korea, cooperation among related ministries is welcomed. Due
to its similarity in roles with its Chinese counterpart, the Ministry of Fisheries and
Maritime Affairs seems to be the most appropriate body for future cooperative efforts.
This does not mean that other ministries or agencies such as the Ministry of Foreign
Affairs and Trade need to be excluded from cooperative activities. The Ministry of
Foreign Affairs and Trade's influence in coordinating foreign policy measures among
ministries makes it important for MOFAT to remain involved in general diplomatic and
negotiation issues. The Ministry of Environment and the Korea Coast Guard could also
be encouraged to participate in future cooperative efforts related to their missions.
178. In the Republic of Korea, policy implementation is effective due to the well
established rule of law at the local government level. However, local governments'
experience and capacity in regional governance is limited. Local governments' increased
participation in regional governance may beneficial.
179. As the capacity of ROK NGOs in regional governance issues is not sufficient to
warrant their active participation, the focus should be placed on the capacity building of
NGOs in the regional governance context. However, they may be invited to participate
more actively as in domestic endeavors.
180. It is critical to develop a way of securing more active involvement from the ROK
private sector. Due to the development of the market economy, public regulations may
51
not address all the issues that the private sector brings up concerning the marine
environment in the Yellow Sea region.
c. DPRK
181. Efforts must be made to secure the participation of the Democratic People's
Republic of Korea's central government in the YS LME process. Given the DPRK's lack
of engagement on many global and regional issues, its expected level of involvement as
a stakeholder in regional governance would be different from those of China and the
ROK.
e. International Organizations
182. International organizations will remain an important stakeholder in regional
governance in the Yellow Sea region. Given the unique geopolitical situation of this
region as described above, international organizations can play an intermediary role in
addition to their work on funding, agenda setting, information sharing, and capacity
building. Among relevant international organizations, the UNDP will continue to play
the most critical role. In addition, other relevant international organizations, such as the
IMO and the UNEP, should also be encouraged to engage in regional environmental
governance.
B. Cooperative Mechanisms
183. There are a number of international cooperative mechanisms concerning the
Yellow Sea marine environment as discussed in the previous section. While each
mechanism plays its own role in the Yellow Sea region, the significance of each
mechanism in the Yellow Sea context is widely different. The following chart
demonstrates these differences:
52
Significance to the Yellow Sea region in the YS LME context
YS LME
NOWPAP
PEAMSEA
IOC/WESTPAC
GPA
184. The YS LME Project seeks to build close cooperative partnerships with relevant
cooperative mechanisms. Partnerships should be developed based on the relevance of
these mechanisms to the current and future activities of the YS LME. NOWPAP is the
most important, relevant, and complementary mechanism to the YS LME Project.
PEASEA is less significant to the YS LME, though it plays an active role in the greater
East Asia seas. However, its Bo Hai Bay, Saemankeum and Nampo City projects of
PEAMSEA are very relevant to the YS LME. Although IOC/WESTPAC has significant
implications on the YS LME project, its recent relative inactivity has diminished its
importance to Yellow Sea regional governance. Finally, the GPA needs to be utilized to
acquire global experiences and networks to address land-based sources pollution in the
Yellow Sea region.
C. Legal Institutions
185. Several global and bilateral treaties have been identified as relevant to the Yellow
Sea marine environment by this report. However, they vary in terms of issue coverage,
regulatory implications, etc. The following chart demonstrates the degree of
effectiveness of these treaties in resolving issues in the Yellow Sea marine environment:
Effectiveness in Resolving Issues in the Yellow Sea
Bilateral treaties
London Convention/ 1996 Protocol/ MARPOL
FAO Code of Conduct
UNCLOS
Biodiversity
53
186. The following chart demonstrates the effectives of the above treaties on the various
marine environment issue areas in the Yellow Sea region.
Effectiveness of Legal Institutions
Pollution strong
Biodiversity medium
Ecosystem weak
Fisheries strong
187. For the purposes of the YS LME project, it may become problematic that different
government ministries are in charge of each bilateral treaty and do not coordinate their
efforts. In China, for example, the SEPA is in charge of the JECE, while the MOA deals
with fisheries matters under each bilateral treaty and the SOA is the primary body
involved in the YS LME. An efficient coordination mechanism among relevant
ministries and agencies is needed.
D. Creating the YS LME Commission
188. Considering the complex issues analyzed in this report, it is desirable to create a
YS LME Commission as a central mechanism to address the issues identified.
189. The current YS LME Project is set to expire in the year 2009, as it is a temporary
project-based activity by the UNDP and GEF. However, further efforts are desirable to
implement suggested policy measures through the SAP after the year 2009,when the
current stage of YS LME Project expires. Consequently, institutionalizing current efforts
must be considered.
190. From 2009 to 2020, institutionalizing efforts may be divided into two stages. As
the participating governments in current YS LME activities may not have the capacity
to implement SAP's suggested policy measures on their own, financial and technical
assistance from the UNDP/GEF will be needed through 2015. During this period, the
current YS LME Project Management Office, which is to be transformed into the
Secretariat, may focus on helping participating governments and other relevant
stakeholders secure financial resources and increase their capacities in carrying out
activities on their own.
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191. Between 2016 and 2020, an institutionalized cooperative mechanism, the YS LME
Commission, may start to carry out activities by its own. In this stage, UNDP/GEF may
provide limited assistance only when necessary.
192. The YS LME Commission is to be a soft, non-legally binding, cooperation based
institution. Due to the geopolitical characteristics of this region and the complex
competitions and coordination difficulties among government bodies, it is unfeasible to
establish a treaty based YS LME Commission at this time, but this may be a long term
goal for the project. However, sufficient political will among participating governments
should be secured to give the Commission sufficient authority and justification. This
may be achieved in the form of a joint declaration or a MOU among the participating
governments.
193. The basic institutional framework of the YS LME Commission will be similar to
the current scheme of the YS LME Project. A YS LME Commission Steering
Committee (CSC) will be created as a supreme decision making body. This Committee
will include Representatives of each participating government and the Secretariat.
China's SOA and one of ROK's MOFAT and MOMAF will be the Commission's
primary players. The participation of a relevant DPRK ministry must also be secured.
194. A permanent Secretariat will be created to assist the CSC and coordinate various
activities of the YS LME Commission, as the PMO currently does for the YS LME
project. The Secretariat should be small but secure enough expertise to address the
policy and scientific interests of the YS LME Commission. The location of the
Secretariat will be desirably in Ansan, Korea where current PMO of the YS LME
Project is located. This will certainly ensure the continuity of the works of YS LME
Commission Secretariat.
195. Under the YS LME Commission, five Sub-Commissions will be established in the
areas of Pollution, Ecosystem, Biodiversity, Fisheries and Socio-economic. Each Sub-
Commission will be responsible for technical issues in its area and will be composed of
experts in each field from participating countries.
196. The YS LME Commission must develop a mechanism whereby other related
stakeholders, such as other international organizations, local governments, private
55
sectors and NGOs, can become involved. The degree of involvement of these
stakeholders will be issue and/or country specific.
CSC
Secretariat
Pollution
Ecosystem
Socio-economic
SubCom
SubCom
SubCom
Biodiversity
Fisheries
SubCom
SubCom
YS LME Commission
197. The YS LME Commission may develop several action programs including the
following:
YSLME 1: Developing joint scientific research projects
YSLME 2: Strengthening legal institutions
YSLME 3: Strengthening partnership
YSLME 4: Capacity Building
YSLME 5: Financing
198. The YS LME Commission needs to continue and expand the activities of the
current Working Group of the YS LME Project through developing joint scientific
research projects. Given the different characteristics of each issue area (pollution,
biodiversity, ecosystem and fisheries), each Sub-Commission should identify its own
56
realistic targets and timeline. Building a reliable scientific data system will pave the way
for furthering policy coordination among regional states.
199. According to the recommendations of the TDA, the main sources of environmental
stress in the Yellow Sea region lie in socio-economic factors. Therefore, the YS LME
Commission should focus on improving the effectiveness of socio-economic
institutions. Much may be done through strengthening legal institutions and partnerships
with other cooperative mechanisms and related stakeholders, and increasing the
capacities of local governments and NGOs.
200. Efforts to strengthen legal institutions at the regional level need to improve the
implementation of existing global and regional treaties and standards. As discussed in
the previous section, treaties and other international legal standards vary in their
provision of detailed standards. They also differ in whether states in the Yellow Sea
region are members to them.
201. In the cases of the London Convention, its 1996 Protocol and MARPOL, efforts
should be made to ensure full participation of the Yellow Sea states in these treaties. As
these treaties provide detailed and global standards for specific pollutants, effective
implementation of these treaties by the Yellow Sea coastal states will lead to the greater
effectiveness of regional efforts. This will also facilitate harmonization of the national
environmental standards as coastal states develop and change their existing national
standards in accordance to international treaty standards.
202. The FAO Code of Conduct for Responsible Fisheries may be a useful guideline for
the management of fisheries in the Yellow Sea region. Although the FAO is not legally
binding, efforts should be made by the YS LME Commission to incorporate suggested
guidelines into YS LME states' national legislation. Furthermore, coordinating efforts
should be made with the bilateral Fisheries Agreement between China and ROK in the
YS LME Commission Context. This is particularly important because the SOA, the
likely primary representative government body for the YS LME Commission, does not
have jurisdiction over the fisheries matters, which belong to MOA.
203. UNCLOS, along with the Biodiversity Convention, may function as an overall
legal framework for furthering regional standards in other areas of the YS LME
Commission. The YS LME Commission should seek to prepare guidelines on matters
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not covered in detail by these treaties.
204. The two bilateral treaties between China and the ROK are important as ways of
strengthening coordination with other YS LME Commission activities. In particular, the
activities of the JCEC under the bilateral environmental agreement and the Joint
Fisheries Commission under the bilateral fisheries agreement should be incorporated
into those of the YS LME Commission so as to increase synergic effects.
205. Other tasks related to the strengthening of legal institutions may be also
considered. They include:
Periodic review of the implementation of global and bilateral treaties
Exchange of information on relevant domestic legislation
Developing projects to harmonize domestic legislation according to the
guidelines of relevant treaties
Developing schemes to address disputes
205. Strengthening its partnerships with other cooperative mechanisms and related
stakeholders will increase the overall effectiveness of the YS LME Commission. As it is
likely to maintain a small secretariat, partnerships with NOWPAP, PEMSEA and other
cooperative mechanisms will complement the activities of the YS LME Commission.
For example, the endeavors of the MERRAC of NOWPAP help the YS LME
Commission address marine pollution, as the MERRAC has achieved effective
cooperation on oil spills among NOWPAP participating states.
206. Furthering partnerships with relevant stakeholders should be also sought. Building
partnerships with NGOs, interested private sectors, universities and other educational
and research organizations will benefit the efforts of the YS LME Commission.
207. Analysis of this report along with other YS LME Project reports reveals the
necessity of developing the capacities of local governments and NGOs for more
constructive roles in Yellow Sea regional governance. Capacity building programs
should be country specific and take differing circumstances into consideration.
Examples of such programs include the following:
Increasing understanding of international/regional institutions
58
Learning advanced management measures, and
Development of cooperation abilities with related stakeholders.
208. Sound financing will be a critical element for the YS LME Commission. Even
though it will be desirable for the YS LME Commission to receive financial assistance
from the GEF through 2015, it should seek alternative financial sources to continue its
activities after 2015. Possible contributions may be available from government and the
private sector.
59
Annex I. Interview Questions
The Yellow Sea is a common natural resource from which China, the DPRK and the
ROK have yielded long-ranging benefits. Recent studies demonstrate that the Yellow
Sea region may face serious environmental problems unless effective regional efforts
are carried out to address serious environmental stresses in the region. The UNDP/GEF
Yellow Sea Large Marine Ecosystem project was launched towards this end. The YS
LME project is preparing a regional Strategic Action Program (SAP) which requires
endorsements by two states, i.e. China and the Republic of Korea. It is crucial to
identify key issues and problems in order to recommend policy measures for improved
regional governance in the Yellow Sea region. In this context, the Regional Governance
Analysis project team would like to conduct email and/or on-site interviews as follows:
1. To your knowledge, what are the multilateral and bilateral cooperative
mechanisms relevant to the Yellow Sea marine environment?
2. What is your opinion on the YS LME project's effectiveness and usefulness in
addressing important regional marine environmental issues and establishing a
regional mechanism in the Yellow Sea region?
3. What improvements to the current regional cooperative mechanism that would
be feasible given the unique constraints of the Yellow Sea region?
4. What are the key roles central and local governments should play within the
context of the YS LME project?
5. What are your organization's roles in the context of the YS LME project?
6. Are there any bilateral cooperative mechanisms between China and the
Republic of Korea AND between China and the Democratic People's Republic
of Korea? How effectively are these mechanisms functioning?
7. To what extent do experts, research institutions and NGOs participate in the YS
LME project in China?
8. What is your opinion on the effectiveness of the bilateral fisheries agreement
between China and the Republic of Korea?
9. To what extent do you think non-environmental issues such as territorial issues
affect the effectiveness of the YS LME project in addressing marine
environment issues?
10. How significant are local governments in the context of the YS LME project, in
60
particular in the preparation and implementation of the SAP?
11. What are the major requirements of local governments which may be related to
the YS LME project?
12. Provide any further ideas, if any, to improve the current regional governance
system in the context of the YS LME project.
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Annex II. List of Interviewees
[China]
1. Mr. Fengkui LIANG, Director, Department of International Cooperation, State
Oceanic Administration
2. Professor Xiangmin XU, Dean, Law School, Ocean University of China
3. Mr. Dexin MENG, Director, Division of Marine Environmental Protection,
Marine and Fishery Bureau, Liaoning Province
4. Mr. Jaijian Zhang, Deputy Director, Marine and Fishery Bureau, Jiangshu
Province
5. Mr. Ennian XIE, Division of Environmental Protection, Marine and Fishery
Bureau, Shandong Province
[Republic of Korea]
1. Mr. Dong-Shik WOO, Director, Marine Policy Bureau, Ministry of Marine and
Fisheries Affairs
2. Mr. Won-Tae SHIN, Deputy Director, Marine Policy Bureau, Ministry of
Marine and Fisheries Affairs
3. Ms. Gye-yeon CHO, Second Secretary, Environmental Cooperation Division,
Ministry of Foreign Affairs and Trade
4. Mr. Kwang Ho PARK, Division of Maritime Affairs and Fisheries, Maritime
Section, Jeollanam-do Province
5. Mr. Gyu Seok PARK, Agriculture, Fisheres Division, Jeollabuk-do Province
6. Mr. Cun-Ho AHN, Division of Maritime Affairs and Fisheries, Gunsan City,
Jeollabuk-do Province
62
Annex III. Bibliography
Birnie, Patricia & Alan Boyle, International Law and the Environment (2nd ed., 2002)
Canfield, Jeffrey Lee, "The Independent Baltic States: Maritime Law and Resource
Management Implications," Ocean Development and International Law Vol. 24 (1993)
Cho, Dong-Oh & Dong-Hyun Choi, Governance Analysis of YSLME: Korea's Case
(2006)
Chung, Suh-Yong, "Marine Environment Protection in Northeast Asia and NOWPAP:
Achievements and Challenges," Journal of the Korean Society for Marine
Environmental Engineering Vol. 9 (2006) (in Korean)
Hinds, Lennox, "Oceans governance and the implementation gap," Marine Policy Vol.
27 (2003)
IOC/WESTPAC Consultative Meeting, "Progress, Current Status of IOC/WESTPAC
Activities," 17-18 May, 2007 (IOC/WESTPAC-a)
Keyuan, Zou, "China's exclusive economic zone and continental shelf: developments,
problems and prospects," Marine Policy Vol. 25 (2001)
Keyuan, Zou, "Implementing marine environmental protection law in China: progress,
problems and prospects," Marine Policy Vol. 23 (1999)
Kim, Dangchoong et als., UN Convention on the Law of the Sea and East Asia (1996)
Ministry of Foreign Affairs and Trade, Press Release, the 12th Joint Committee on
Environmental Cooperation between the government of Republic of Korea and the
government of People's Republic of China, June 13th 2007, available in Korean,
(www.mofat.go.kr) (MOFAT, 2007a)
Ministry of Marine and Fisheries Affairs of Republic of Korea, Introduction of the IMO
63
Convention (available at
http://www.momaf.go.kr/info/statistics/I_safety_view.asp?b_idx=4942&idx=43)
(MOMAF, 2007) This paper is written in Korean.
Moller, T.H., et als., "Oil Spill Risks and the State of Preparedness in the Regional
Seas," IOSC 2003 ID#118, The International Tanker Owners Pollution Federation
Limited
Office of the President, Republic of Korea, "Korea-China-Japan Summit on the
Sidelines of ASEAN+3: Press Briefing by Chief Secretary Baek Jong-chun," available
at
http://english.president.go.kr/cwd/en/archive/archive_view.php?meta_id=en_dip_2007
&id=1c13de731e4e1777edd739d (visited on May 2, 2007)
Park, Choon-ho et als., The Regime of the Yellow Sea (1990)
Park, Yong-Hyun, "A Study on the New Fisheries Zone System in the South Korea-
China Fishery Agreement (in Korean)," in Legal Research No. 22 (2006)
Porter, Gareth & Janet Welsh Brown, Global Environmental Politics (1996)
UNDP/GEF 2007, UNDP/GEF Project: Reducing Environmental Stress in the Yellow
Sea Large Marine Ecosystem. Transboundary Analysis. 98pages
UNDP/GEF YS LME Project PCS meeting reports, available from www.yslme.org
UNDP/GEF YS LME Project Working Group meeting reports, available from
www.yslem.org
UNEP GPA Coordinating Office, "Partners in Implementing the GPA Regional Seas,"
1999 (UNEP, 1999)
Xu, Xiangmin, Report on Governance Analysis of the Yellow Sea (2006)
64
[websites]
Baltic Marine Environment Protection Commission website,
http://www.helcom.fi/environment2/en_GB/cover/
FAO Code of Conduct for Responsible Fisheries website,
http://www.fao.org/DOCREP/005/v9878e/v9878e00.htm
GPA website, www.gpaunep.org
http://www.fao.org/DOCREP/005/v9878e/v9878e00.htm
IMO website, www.imo.org (IMO 2007)
IMO, London Convention, available from www.imo.org
IOC/WESTPAC website, http://ioc.unesco.org/iocweb/index.php
NOWPAP website. www.nowpap.org
PEMSEA website, www.pemsea.org
UNDP/GEF YS LME Project website, www.yslme.org
UNEP Regional Sea's Programme website, http://ioc.unesco.org/iocweb/index.php
UNEP website, www.unep.org
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