이어도의 법적 지위 및 관련 문제에 관한 고찰

Abstract

Ieodo is a submerged rock located 149㎞ southwest of Marado. Ieodo Ocean Research Station was constructed by Korean government in 2003. China claims the Ieodo issues constantly. This submerged rock related to the delimitation of maritime boundaries between Korea and China, so the China's constant provocations for Ieodo are considered as the strategy to get a hegemony in the negotiations on the maritime boundary delimitation. In the paper, the writer analyzes the impact of Ieodo on the maritime boundary delimitation between Korea and China. For the analysis, the writer look at the international legal status of Ieodo. The regime of islands is prescribed by the United Nations Convention on the Law of the Sea(UNCLOS) article 121. Along with this, UNCLOS article 13(Low-tide elevation), article 7(Straight baselines) paragraph 4, article 47(Archipelagic baselines) paragraph 4 and article 60(Artificial islands, installations and structures in the exclusive economic zone) were analyzed for the definition of the legal status of Ieodo in the Chapter Ⅱ. In the Chapter Ⅲ, the origin and phases of Ieodo issues were researched, and the intentions of China were analyzed. The Korea's countermeasures were suggested in the Chapter Ⅳ. The various issues such as the Korea's principle of delimitation of maritime boundaries, the fisheries agreement between Korea and China, the maritime boundary delimitation between Korea and Japan / Joint Development Zone(JDZ), United Nations Commission on the Limits of the Continental Shelf(UNCLCS) and Air Defense Identification Zone(ADIZ) were analyzed and each countermeasure was suggested in the Chapter. The Ieodo issues come down to the delimitation of maritime boundaries between Korea and China. It is necessary to take more comprehensive measures that considering variables including Ieodo to negotiate with neighboring countries for the maritime boundary delimitation.