The Impact of the Joint Development Agreement Between Korea and Japan in the East China Sea on the Delimitation of the Continental Shelf

Title
The Impact of the Joint Development Agreement Between Korea and Japan in the East China Sea on the Delimitation of the Continental Shelf
Other Titles
한·일간 공동개발협정이 동중국해 대륙붕 경계획정에 미치는 영향
Authors
김현수
Keywords
UNCLOS, Joint Development Zone, State Practice, Geographical Circumstances, East China Sea, Overlapping Area, Continental Shelf, Provisional Arrangement, Okinawa Trough, Customary International Law, Equidistance Line, Median Line, Maritime Boundary Delimitation 유엔해양법협약, 공동개발구역, 국가관행, 지리적 환경, 동중국해, 중복수역, 대륙붕, 잠정약정, 오키나와 해구, 관습국제법, 등거리선, 중간선, 해양경계획정
Issue Date
2014-06
Publisher
법학연구
Series/Report no.
법학연구; 17권 2호 pp 85~118
Abstract
The Un Convention on the Law of the Sea (UNCLOS), an international law regrading oceans, was effective, and as a result, the ocean order is becoming stable considerably and well managed and maintained. But, maritime boundary delimitations on the Exclusive Economic Zone and the Continental Shelf are not easy because costal states have a vital interest and sensitive perspectives on maritime boundaries together with conflict and confrontation. In particular, it is much more serious on the matter of maritime boundaries between coastal states which have relatively narrow maritime zones, namely less than 400 nautical miles. Even if UNCLOS prescribes basic principles on maritime boundary delimitations, but the interpretation and application of the relevant provisions are different from each other and also their views on that still have ample rooms to be unilaterally interpreted. Therefore, it may not be deniable that ocean conflicts among concerned countries are getting serious. To solve these problems, UNCLOS provided that concerned countries shall make every efforts to enter into provisional arrangements of a practical nature and such arrangements shall be without prejudice to the final delimitation. Korea and Japan established a joint development zone (JDZ) in the East China Sea in 1974 and the zone is still effective. Therefore, this study is trying to examine and analyze the impact of a joint development agreement between Korea and Japan in the East China Sea on the delimitation of the continental shelf, and in order for that, this research contemplated several issues such as legal grounds on joint development agreements, relevant cases regarding the establishment of joint development zones and the impact of the provisional agreements on maritime boundaries. Thus, it is hoped that this study would be legal and theoretical reference materials to solve maritime boundary delimitations of the continental shelves between Korea and Japan, and Korea and China in the East China Sea in the future.
URI
http://dspace.inha.ac.kr/handle/10505/38866
ISSN
1229-6910
Appears in Collections:
Law School/College of Law (법학전문대학원/법과대학) > Law (법학) > Local Access Journal, Report (법학 논문, 보고서)

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