THE NORTHEAST ASIAN CONTINENTAL SHELF CONTROVERSY: A CASE STUDY IN CONFLICT RESOLUTION AMONG SOUTH KOREA, JAPAN, CHINA (PRC) AND TAIWAN (ROC)

One of the most inflammable areas of international controversy is the dispute over right to the oil underneath the continental shelf in the East China and Yellow Seas. Each of the coastal states involved--the People's Republic of China (China), the Republic of China (Taiwan), the Republic of Korea (South Korea), and Japan--has strong economic motivation for exploiting this oil. Because the economic stakes are high, the states have reason not only to enter conflicting claims to the continental shelf but to be eager to settle those conflicts. However, serious obstacles exist; the uncertainty of international law concerning "continental shelf," the historical animosity between Japan and the other coastal states, and the lack of diplomatic relations resulting from post-World War II power politics.This study examines these obstacles, suggests two methods (or principles) of continental shelf boundary delimitation, and concludes that--with particular attention to international politics--settlement of the disputes is possible.; After establishing each state's need for the oil resources, the study thoroughly examines the state of international law concerning continental shelf disputes. The uncertainties of that law are demonstrated throughout the study. However, the general trends of international practice and of the Third United Nations Conference on the Law of the Sea (UNCLOS III) do provide guidance for continental shelf disputes, and this study applies those trends to the East China and Yellow Seas continental shelf disputes.; Finally, dividing the whole East China and Yellow Sea continental shelf into two areas--the Yellow Sea continental shelf between China and South Korea, and the East China continental shelf between China and Japan--two principles (or methods) of delimitation are suggested to settle the controversy: "modified equidistance principle" for the Yellow Sea controversy, and "equitable plus joint jurisdiction (or development) principle(s)" for the East China Sea Controversy.; This study concludes that given all the conditions--economic desirability of exploiting oil from the continental shelf, favorable international situations in Northeast Asia, and positive guidance by international trends and UNCLOS III--settlement or solution of the continental shelf controversy in the East China and Yellow Seas is possible.