Whiejin, Lee

Abstract: Reflecting upon the desire to expand the jurisdiction in the sea, the UNCLOS introduced and established the exclusive economic zone, new continental shelf system, and archipelagic waters and agreed upon the width of the territorial sea. In addition, compulsory settlement of international maritime disputes has gone into effect. Northeast Asian states such as Korea, China, and Japan enacted domestic laws and ratified the Convention in 1996. They concluded fisheries agreements, establishing a tentative legal order on fishery. There remains the task of effecting delimitation at sea. The delimitation does not seem to be feasible over a short term, with such big hurdles as method of baseline and possession of island issue. Since in the Yellow Sea no delimitation is in effect yet, Chinese vessels’ overfishing poses problems to the Korean economic zone. In the East Sea, the Southern Continental Shelf Joint Development Agreement is scheduled to expire in 2028 unless extension is made. Possible conflict seems to be in the offing in East China Sea around the development of natural resources and it may flare up further if endowment of resources is apparent. While continuously ascertaining the position of other states through maritime negotiations and making adjustment to their positions to be consistent with the practice, jurisprudence and the provisions of the Convention, an agreement is necessary to be reached. On occasion, political breakthrough needs to be made through decisions made at the highest level.