서해5도 수역 평화를 위한 하나의 제언: 정전협정으로 돌아가자

Abstract

The instability of the West Sea is due to the conflicting and overlapping claims of maritime jurisdiction between the two Koreas. Specifically, this is because the South's NLL(Northern Limit Line) and North Korea's 12 nautical mile territorial waters collide. For the sake of peace in the West Sea, this article proposes a solution that allows the South and the North to enjoy the West Sea jointly while maintaining the South's NLL as the original form in the West Sea. In other words, it is proposed that the two Koreas reduce the territorial sea to 3 nautical mile in the West Sea, and that the waters beyond that area be jointly used by the two Koreas. This means the restoration of the Korean Armistice Agreement order. At the time of the Armistice Agreement, based on the “Mare Liberum” the West Sea was left as open waters except for 3 nautical mile coastal seas (adjacent seas, territorial seas) of the two Koreas. Now, by restoring the spirit of the Armistice Agreement again, we are trying to promote peace in the West Sea. This solution, in the current situation, requires concessions from both the South and the North. North Korea must yield their 12 nautical mile claim in the waters between Socheongdo and Yeonpyeongdo. The South should recognize North Korea's right to use seawater between Socheongdo and Yeonpyeongdo. And while insisting on the NLL, North Korean ships are to be allowed to operate and navigate in waters south of the NLL. By making concessions in this way, the South and the North can restore the peace aimed at in the Armistice Agreement. South and North Koreans can also attain reciprocally satisfactory results. Currently, the West Sea near the border of the two Koreas is a forbidden water area that cannot be used by both the South and the North in the confrontation between the two Koreas. Taking advantage of that confrontation, Chinese fishing boats are enjoying benefits with playing both ends. Now, if the two Koreas cooperate, it will be possible to restore the right for Koreans to use seawater in the West Sea by ruling out Chinese fishery.