한국의 해양경계획정 문제에 대한 소고 ― 2009년 ICJ의 흑해해양경계획정 판결을 참고로 하여 ―

Abstract

South Korea is bordered by North Korea on the north ; it is facing Japan and China, opposite the sea. South Korea therefore has the task of setting maritime boundaries with these neighboring countries. With North Korea, South Korea will have no choice but to recognize as a provisional maritime boundary the Northern Limit Line as long as the two Koreas continue to coexist under the Armistice Agreement. The reunification of North and South Korea would require a re-examination of the entire Korean peninsula's maritime delimitations. This means fresh rounds of negotiations on maritime boundaries would have to take place with not only Russia and China, border countries of a unified Korea, but also with Japan. With China, the problem is the Yellow Sea and the East China Sea. Unlike the case with Japan, there are no major stumbling blocks that will tangle delimitation negotiations with China, for there exist no disputed islands between the two countries. However, the two countries' negotiation on maritime delimitation will not come to an agreement in the near future because Seoul and Beijing have two distinct views on maritime delimitation criteria. With Japan, the delimitation issue spans from the East Sea to the East China Sea, and neither front offers any easy solutions. In the East Sea, the solution of the outstanding problem-Dokdo-will be contingent upon how the various issues in surrounding maritime zones are handled. In the East China Sea, the most significant issue is whether the two countries can draw a single boundary for the continental shelf and the EEZ or separate boundaries respectively. Taking account of above mentioned circumstances, this paper is going to look into relevant issues of maritime boundaries around Korean peninsular, with special reference to the case concerning Maritime Delimitation in the Black Sea(Romania v. Ukraine). Firstly, current status of international cases as well as process of establishment of maritime boundaries are explained. Secondly, respective positions of Northeast Asian countries with respect to the maritime boundary delimitation are examined. Thirdly, relevant issues on the maritime delimitation case in the Black Sea is discussed.