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| 1 |
ID:
175494
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| Summary/Abstract |
China and North Korea have delimited the boundary of their territorial seas by signing a 1962 Border Treaty and a 1964 Border Protocol, but the two states still need to delimit the boundary of their exclusive economic zones (EEZs) and continental shelves (CSs) in the North Yellow Sea (NYS). Considering the geographical characteristics of the two states’ coasts in the NYS, this article proposes that China and North Korea can delimit a single maritime boundary for the EEZ and the CS by applying the equidistance/relevant circumstances method, and then following a “three-stage approach.” The first stage is to construct a provisional equidistance line in the NYS; the second stage is to adjust the provisional equidistance line in light of relevant circumstances, such as the partial effect of Nan Tuozi in light of its distance from the coast of the continent; and the third stage is to apply the disproportionality test to the maritime area allocated to the two states in the NYS. After applying the “three-stage approach” to this case, the author concludes that the potential delimitation line of EEZ/CS between the two states extends generally south-southwest through seven segments for a distance of about 196 km (106 nm). Since 2018, tensions appear to have declined on the Korean Peninsula, and this may provide an opportunity for China and North Korea to start their maritime boundary delimitation negotiation in the near future.
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| 2 |
ID:
191901
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| Summary/Abstract |
China and South Korea resumed negotiations on delimiting their maritime boundary in 2015. The overlapping maritime area of China and South Korea requiring delimitation lie mainly in the South Yellow Sea (SYS). This article proceeds on the basis that the two states probably reached a preliminary agreement on the limits of the first-stage maritime delimitation area, in which there are no third-party interests involved. This article selects 37°N and 32°N as the northern and southern limits of the first-stage maritime delimitation area on the basis of public information available. This article proposes that China and South Korea can delimit a single maritime boundary for their exclusive economic zones (EEZs) and continental shelves by applying the equidistance/relevant circumstances method, and then following the three-stage approach. After applying the three-stage approach to this case, this author concludes that the adjusted equidistance line/potential delimitation line will probably move toward South Korea, departing from the provisional equidistance line. The potential delimitation line of EEZ/continental shelf between the two states probably extends generally south-southwest-southeast. This author calculates that the coastal length ratio between the two states is approximately 1:2.14 in favor of China and the ratio of the relevant baselines length is approximately 1:1.47 in favor of China. This author deduces that the ratio of the allocated relevant areas is approximately 1:1.17 in favor of China and the ratio of the allocated provisional measure zone (PMZ) of the 2000 China–ROK Fishery Agreement is approximately 1:1.44 in favor of China, both under the adjusted equidistance line scenario, measured by the WGS 1984 Web Mercator.
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