Legal Issues Related to China-ROK Yellow Sea Delimitation
MA Tian;NAI Kai-fang;School of Law,Qinghai Minzu University;School of Military and Political Basic Education,National University of Defense Technology;
After the end of World War II, with the improvement of the international law of the sea system, coastal countries have paid more attention to maritime security and rights. Most of the countries with opposite or adjacent sea areas have proposed delimitation claims for their continental shelf and 200 nautical mile exclusive economic zone based on the United Nations Convention on the Law of the Sea. There are some overlaps between China and ROK's exclusive economic zones and continental shelves in the Yellow Sea, and there are differences in the principles and specific methods of demarcation between the two countries. Therefore, how to reasonably use the theory and rules of international law to safeguard China's marine rights and interests is very important. It is worth noting that fishery disputes are an important issue that has triggered disputes over the delimitation of the Yellow Sea between China and ROK, and that the China-ROK Fisheries Agreement play a leading role in this issue. Therefore, in order to effectively deal with various problems that may arise in the implementation of the agreement and provide textual support for the two parties to reach a final delimitation agreement, it is necessary to adjust and improve the current content of the agreement. Meanwhile, China should actively use the provisions of international law and relevant cases for reference in the demarcation negotiations with ROK, and prepare for a long-term legal struggle with ROK.