동북아해역에서의 해양경계획정에 관한 연구

Abstract

Those countries located in the Northeast Asian sea have not agreed to the maritime security and boundaries and tried to set it saying their own claims. As the law of the sea develops, the principle of maritime security and boundaries has changed from natural extension to distance and as the development of science, related countries become able to calculate the reserves through researches. Also, those countries located in the Northeast Asian sea are trying to keep their national security based on stronger military power from a rapid economical growth.

Like this, the maritime security and boundaries is necessary through peaceful negotiations for the peace of the Northeast Asian sea as their concerns are getting complex on the sea as time goes.

For the maritime security and boundaries, there are two solutions

the first one is to solve through the machinery of law and the second one is to solve through conversation of related countries. Solving through the machinery of law is an extreme measure chosen when it cannot be solved through conversation and the agreement is to make the security and boundaries agreement through efforts of accomplishing their own demands.

Those countries located in the Northeast Asian sea area have negotiated for a long time by many people on the maritime security and boundaries and their results have been showed in the Joint Continental Shelf Agreement and the Fisheries Agreement. If any country tries to make the maritime security and boundaries ignoring agreements made by long time negotiations as in the above, it could cause more severe disputes as all the problems that each country claims will show up to the surface eventually.

In leading cases of the machinery of law, they respected past agreements made by related countries and made the maritime security and boundaries. In cases of both countries' agreements, they respected the existing agreements and decided the boundary by choosing the middle line that each country claimed. Most of all, the boundary agreement through agreements of both countries considered related countries' benefits fairly as much as possible.

Thus, the maritime security and boundaries agreement that countries around the Northeast Asian sea area should be made by a peaceful way and should be based on the agreement made by a long time negotiations.

As the conclusion, surrounding countries of the Northeast Asian sea should made the boundaries agreement for the sea that each country does not agree and the method should follow the recent trend of according to the agreement made by the decision of the International Court of Justice.