The Dilemma And Future Of Maritime Demarcation Between China And South Korea

On the maritime delimitation issues, United Nations Convention on the Law of the Sea made guiding rules on the continental shelf and exclusive economic zone defines respectively:"The delimitation of the exclusive economic zone or the continental shelf between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law, as referred to in Article38of the Statute of the International Court of Justice, in order to achieve an equitable solution." Based on the breadth and comprehensiveness of the convention, It has become a basic law which can adjust the international maritime order, countries should obey it when they deal with an maritime delimitation issue.China and South Korea both are contracting states, so on the maritime delimitation issues, China and South Korea should obey its stipulation achieve an equitable solution through negotiation. However, due to protect its own interests, China and South Korea insist diefferent propositions:China insists "equitable principles/relevant circumstances rule", while South Korea persists in "principle of equidistance-medium-line/special case rule", in such cases, the demarcation of the two countries negotiations progress is limited.To study the demarcation dilemma in the exclusive economic zone and continental shelf, this thesis is divided into three parts. The first chapter discussed the demarcation theory of UNCLOS and its evolution, and studied cases of international maritime law, analyzed the current solutions of sea disputes among countries. The second chapter made a comparison and analysis of different weighting factors of the demarcation that China and South Korea insisted, and pointed out the factors that should be considered in the delimitation. Then, based on the analysis and the facts, for the purpose of bridge the differences and settle the dispute, feasible suggestions of equitable solution was put forward in the third chapter. According to the rule of international law, the two parties should consider the overall peace in Northeast Asia as a starting point, stop harming the two national people’s action, settle the maritime delimitation disputes peacefully.