Regime of Warship’s Passage in the Areas between Korea and Japan
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Korea and Japan enacted Law on the Territorial Sea in 1977 respectively, clarifying the breadth of their territorial seas as well as the sovereignty and jurisdiction exercised therein. However, warship’s innocent passage issue was left ambiguous. Both Korea and Japan have been cautious in their approach to the innocent passage of warships through their territorial seas, given their relations with maritime powers such as the United States and Russia. In this context, this study addresses the issue of passage of warships in the areas surrounding Korea and Japan under international law and municipal law. Specifically, issues such as the legal meaning of innocent passage, specific zones, and the scope of application of the law are analyzed along with the state practice of Korea and Japan. Japan’s forward-leaning attitude toward warship’s right of innocent passage contrasts with that of Korea. Korea should seek to improve its territorial sea regime including warship’s innocent passage with the goal of understanding and changing its policy or position on major law of the sea issues.
Abstract
Korea and Japan enacted Law on the Territorial Sea in 1977 respectively, clarifying the breadth of their territorial seas as well as the sovereignty and jurisdiction exercised therein. However, warship’s innocent passage issue was left ambiguous. Both Korea and Japan have been cautious in their approach to the innocent passage of warships through their territorial seas, given their relations with maritime powers such as the United States and Russia. In this context, this study addresses the issue of passage of warships in the areas surrounding Korea and Japan under international law and municipal law. Specifically, issues such as the legal meaning of innocent passage, specific zones, and the scope of application of the law are analyzed along with the state practice of Korea and Japan. Japan’s forward-leaning attitude toward warship’s right of innocent passage contrasts with that of Korea. Korea should seek to improve its territorial sea regime including warship’s innocent passage with the goal of understanding and changing its policy or position on major law of the sea issues.
참고문헌 (15)
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