韩中海域劃界的爭議及其出路

Abstract

This study is to diagnose the current situation of seeing-China maritime delimitation puts the primary objective. In addition, try to look Analysis of the two countries' national legislative provisions applicable. Furthermore, to investigate the problem, conflict factors derived from the two countries put their differences between the secondary target. Provisions of the United Nations Convention on the maritime delimitation is “determined based on the delimitation of the exclusive economic zone or continental shelf and adjacent coast,” it has stated. For the comprehensive application of these principles, the International Court of Justice Article 38 The provisions are limited and that, in principle, should be based on the provisions of international law. Therefore, it must be observed that Jane War also to resolve cross-border disputes shall be subject to the provisions of these international agreements when dealing with international maritime delimitation issues, inevitably expanded. Nevertheless, South Korea and China have been faced with reality, and these factors linger in the meantime, conflicts and conflict by a different criterion for the maritime delimitation. There are two general remarks on the state figured consensus is that they must present a fair and amicable solution through negotiations in principle. However, in the particulars in terms of the bottom line that the two countries should seek to protect its interests we are still faced with difficulties. These ‘Hanzhong’ their differences in accordance with the interests of the two countries would result from the rational delimitation of the criteria for the area. In other words, South Korea, and insist the principle of equidistance / special circumstances", China is a situation that could not find a clue to adhere to the principle of fairness / relevant circumstances" and that negotiations by the two countries. The researchers were trying to determine under this topic will be found in overcoming the limitations of awareness about the clues to solve the problem of delimitation of the sea-China bilateral priority factor by comparison of the two criteria of analysis. To study the demarcation dilemma in the exclusive economic zone and continental shelf, this thesis is divided into three parts. The first chapter discussed the demarcation theory of UNCLOS and its evolution, and studied cases of international maritime law, analyzed the current solutions of sea disputes among countries. The second chapter made a comparison and analysis of different weighting factors of the demarcation that South Korea and China insisted, and pointed out the factors that should be considered in the delimitation. Then, based on the analysis and the facts, for the purpose of bridge the differences and settle the dispute, feasible suggestions of equitable solution was put forward in the third chapter. According to the rule of international law, the two parties should consider the overall peace in Northeast Asia as a starting point, stop harming the two national people’s action, settle the maritime delimitation disputes peacefully.