A Study on the Maritime Baseline of the Unified Korea's Northern Part : Focused on the State-Succession

통일한국 북측해역 기선설정에 관한 쟁점연구 - 국가승계론을 중심으로

This study is intended for the Maritime Boundaries(Baseline) of the Unified Korea. According to the international law, North-Korea is recognized as a nation. Then with unification, the state succession will be a very important issue. Thus we should seek for the expected problems and counter-measures, by analyzing of the State-succession. There is a conflict of the positive or negative reaction about the state succession. However, in general, 'the principle of continuity' has been applied for at the national border treaty, regardless of the type of State succession. This can be found on Article 11 & 12 of the 「1978 Vienna Convention on Succession of States in Respect of Treaties」, Article 62, paragraph 2 of the 「1969 Vienna Convention on the Law of Treaties」, and a series of international case law. Currently it is being understood as customary international law. In summary, although South and North Korea, China, Russia and Japan are not the parties of 「1978 Vienna Convention」, the unified Korea will necessarily have a duty to succeed national boundaries(also, maritime baseline) of North Korea. Specifically, we have an objective and rigorous review of the treaty of maritime baseline that is signed between North Korea and neighboring countries, such as 「National Border Treaty Regime between North Korea and China」 and 「Treaty between the Union of Soviet Socialist Republics and the Democratic people's Republic of Korea on the Demarcation of the Soviet-Korea National Border」. Also, we analyzed 'Historical Bays' and 'Straight Baseline' system. By this, we are able to occupy a favorable position when renegotiating with neighboring countries, at the point of unification.