유엔해양법협약 상 관련사정이 해양경계획정에 미치는 영향에 관한 연구

Abstract

Korea and China are currently in the process of negotiating maritime demarcation talks which began in December of 2015. The two countries hold different views on the method of demarcation. China has supported the equitable principle, while Korea claims the equidistance or median line principle as a way of delimitation. In dealing with issues of maritime demarcation, the three-stage legal process is the universally accepted protocol. In the first stage, the Court draws a provisional delimitation line between territories. In the second stage, the Court considers whether there are any ‘relevant circumstances’ which may call for an adjustment of shifting the equidistance or median line. In the final stage, the Court conducts a disproportionality test and confirms the final provisional line. This paper looks at recent proceedings and relevant circumstances which have been acknowledged by the court. The court has accepted ‘geographical feature[s]’ such as concavity or convexity of coasts and ‘the disparity in the lengths of the relevant coasts’ as legitimate ‘relevant circumstances’. Evidence found in this case, shows that in order to win the maritime demarcation dispute, Korea needs to prepare the negotiation through the analysis of the ‘relevant circumstances’ in regards to international norms and expectations.