Some Thoughts on Maritime Delimitation among the Northeast Asian States

Transcription

1 Some Thoughts on Maritime Delimitation among the Northeast Asian States Seokwoo LEE Assistant Professor College of Law INHA University Korea 1

2 I. Common geographical features II. Different positions III. Current situation IV. Conclusion - Prospects for maritime delimitation 2

3 I. Common geographical features 1. Bordering semi-enclosed seas 2. Excessive straight baseline claims 3. Existence of territorial disputes over the islets 4. Legal nature of the islets 3

4 1. Bordering semi-enclosed enclosed seas - East Sea/Sea of Japan (Japan, Korea), West Sea/Yellow Sea (China, Korea), East China Sea (China, Japan, Korea), South China Sea (China, Macao, the Philippines, Malaysia, Brunei, Indonesia, Singapore, Thailand, Cambodia, and Vietnam) - Turkish proposal in the Sea-Bed Committee (A/AC.138/SC.II/L.16, paragraph 2, reproduced in III SBC Report 1973, at 2) - In areas with special characteristics, such as the semi-enclosed and enclosed seas, where the exercise of this right [to determine the breadth of its territorial sea] by one State for the purpose of extending the breadth of its territorial sea may prejudice the rights and interests of other States of the area, the determination of the breadth of the territorial sea, within the limits in paragraph 1 above, shall be effected by the agreement of the States of that area. 4

5 2. Excessive straight baseline claims References: U.S. Department of State, Limits in the Seas - No. 117 Straight Baselines Claim: China - No. 120 Straight Baseline and Territorial Sea Claims: Japan - No. 121 Straight Baseline and Territorial Sea Claims: South Korea - No. 127 Taiwan's Maritime Claims 5

6 China 신창훈 6

7 Japan 7

8 Korea 8

9 Taiwan 9

10 3. Existence of territorial disputes over the islets - East Sea/Sea of Japan: Dokdo/Takeshima - South China Sea: Paracel Islands, Spratly Islands 10

11 East Sea/Sea of Japan: Dokdo/Takeshima 11

12 East Sea/Sea of Japan: Dokdo/Takeshima

13 East Sea/Sea of Japan: Dokdo/Takeshima

14 South China Sea 14

15 4. Legal nature of the islets UN Law of the Sea Convention Article 121 Regime of islands 1. An island is a naturally formed area of land, surrounded by water, which is above water at high tide. 2. Except as provided for in paragraph 3, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of an island are determined in accordance with the provisions of this convention applicable to other land territory. 3. Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf. 15

16 II. Different Positions 1. Median line v. Equity 2. Single maritime boundary 3. Island v. Rock 16

17 1. Median line v. Equity Especially boundary of continental shelves - East Sea/Sea of Japan: Japan (Median line) v. Korea (Equity) - West Sea/Yellow Sea: China (Equity) v. Korea (Median line) 17

18 2. Single maritime boundary Regarding EEZ and Continental Shelf regimes - China: separate regimes - Japan: CS regime is absorbed in EEZ regime - Korea: separate regimes 18

19 3. Island v. Rock For instance, Dokdo/Takeshima - Japan: island - Korea: rock, but recently claimed as island 19

20 Japanese claim: Okinotorishima 20

21 III. Current situation 1. No maritime delimitation, but successful management of disputes 2. Provisional nature of the management 21

22 1. No maritime delimitation, but successful management of disputes Japan-Korea Agreement on the joint development of areas of the continental shelf Japan-Korea fisheries agreement China-Korea fisheries agreement China-Japan fisheries agreement 22

23 1974 Japan-Korea Agreement 23

24 Fisheries Agreements 24

25 2. Provisional nature of the management UN Law of the Sea Convention Articles 74(3) and 83(3) 3. Pending agreement as provided for in paragraph 1, the States concerned, in a spirit of understanding and cooperation, shall make every effort to enter into provisional arrangements of a practical nature and, during this transitional period, not to jeopardize or hamper the reaching of the final agreement. Such arrangements shall be without prejudice to the final delimitation. 25

26 IV. Conclusion - Prospects for maritime delimitation - Status quo (management) vs. Maritime delimitation (settlement) - Long usage of cooperative management 26