• Ocean and Polar Research
• /
• v.29 no.3
• /
• pp.245-262
• /
• 2007

On 25 December 2000, China and Vietnam signed the Agreement on the Delimitation of the Territorial Seas, EEZs and Continental Shelves in the Tonkin Gulf. Three and a half years after signature, in June 2004, China and Vietnam both ratified a maritime boundary agreement for the Tonkin Gulf (Beibu Gulf) and the agreement entered into force. A potentially complicating factor in the negotiation process was likely to have been the status of the Sino-French Agreement of 1887. In the end, the agreement reached indicated that even if the status of the Sino-French Agreement of 1887 was part of the negotiations, both sides eventually agreed that it would not have an impact on the delimitation of maritime zones in the Gulf of Tonkin. Another crucial issue was the impact of the islands, in particular, the Vietnamese controlled Bach Long Vi Island and Con Co Island. Especially, Bach Long Vi Island was entitled to a half suite of maritime zones (3n.m. EEZ) and would impact the tracing of a line of equidistance in the Gulf of Tonkin. Minor as the point might be, Con Co Island also would have an impact for it would play a fixing terminal point for the boundary. Article 7 of the agreement is about minerals and hydrocarbons of cross-boundary deposit, and if any single geophysical structure of oil and gas or other mineral deposits should straddle the demarcation line, an agreement is to be reached on the development of the structure or deposit and on the most effective manner to equally share the profits resulting from the development.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.29 no.2
• /
• pp.147-159
• /
• 2023

Sea level rise due to climate change is an increasing concern for the international community, and especially for coastal States. In case of regression of the coastal line or inundations of maritime features, including islands, the questions of whether coastal States are under an obligation to redraw their baseline and the outer limits of their maritime jurisdiction and of whether the existing maritime boundary treaties should be terminated are raised. This article reviews the arguments raised by the Small Island Developing States, International Law Association, and International Law Commission and suggests a solution within the current legal framework of the Law of the Sea through an interpretation of the existing provisions of the UNCLOS focusing on the legal issues relating to the Law of the Sea.

• Ocean and Polar Research
• /
• v.26 no.4
• /
• pp.669-678
• /
• 2004

Coastal states are adopting maritime boundary delimitation as their primary maritime policy because maritime jurisdiction directly relates to vast economic interest. This becomes specially important and sensitive when complex maritime boundary issues are involved between neighboring coastal states. China has not actively carried out nor declared maritime boundary delimitation until recently with any country except Agreement between China and Viet Nam on the demarcation of the territorial water, the exclusive economic zones and the continental shelf of China and Vet Nam in the Gulf of Tonkin on 25 December 2000 (hereinafter, the Gulf of Tonkin Agreement). The principles that governs maritime boundary delimitation are to consider primarily an agreement between States concerned, however, if no agreement can be reached, all relevant circumstances are considered to achieve an equity between concerned States. Relevant circumstances are length of coastline, form of coastline, existence and position of island or islands, speciality of geology/topography, and factor of economy and deffnce. Factors which sinologists are considering in regard to continental shelf delimitation of the Yellow Sea are as follows; i) geographical factor, ii) geological factor, iii) topographical factor, iv) environment and ecological (factor, v) historic interest, and vi) social and economic interest. The 'Gulf of Tonkin Agreement' is completed by basically applying the principle of delimitation according to median line which seems that China has adopted the maritime boundary delimitation principle of 'half and half' which was the intention of chinese government. At the same time, China recognized Viet Nam's dominion and sovereign right over the partial exclusive economic zone and the continental shelf of Dao Bach Long Vi in Gulf of Tonkin. This case can be considered as an example of mutual concession or compromise in delimiting maritime boundary for states of concerned.

• Journal of Ocean Engineering and Technology
• /
• v.26 no.4
• /
• pp.23-29
• /
• 2012

Korea has maritime jurisdiction over an area 4.5 times larger than the nation's inland area, but negotiations with surrounding nations on the maritime boundary delimitation have still not been completed satisfactorily. In particular, maritime boundary delimitation has become an important issue in terms of maritime security and resource exploration. Considering national interests, the delimitation of the maritime boundary is essential. However, no system to help the decision-makers involved in maritime boundary delimitation has yet been systematically constructed. Therefore, the aim of this study was the development of a system to support such decision-making. In this study, considerations related to maritime boundary delimitation were investigated through expert advice and international precedents. Based on these considerations, data were collected from several organizations, and a spatial database was systematically constructed. Finally, MBDSS (maritime boundary delimitation support system) was developed to support maritime boundary delimitation. This GIS-based system provides visual information about the considerations for the maritime boundary delimitation. Thus, it could help decision-makers to choose appropriate boundaries during the negotiation. Furthermore, this system is expected to be utilized as a scientific tool on the delimitation of maritime boundaries.

• Proceedings of the Korean Society of Marine Engineers Conference
• /
• 2006.06a
• /
• pp.135-136
• /
• 2006

There are several Disputes relating to the delimitation of maritime boundary and the policy of maritime jurisdiction of the states around the Korea Peninsula. These disputes are connected with the place of 'Tokdo' dominated practically by Korea, 'Senkaku islands' dominated practically by Japan, and 'Kurile islands' that is under disputing between Russia and Japan. North Korea has also the problem. The delimitation of Maritime Boundary among these States would be concluded in very near future. Therefore, we need to understand the maritime jurisdiction policy of these states. South Korea also has to set the policy.

• Journal of Environmental Science International
• /
• v.18 no.10
• /
• pp.1143-1153
• /
• 2009

The purpose of this study is to propose an appropriate method for marking out a boundary line of area damaged by aircraft noise. In an actual situation, there are many gaps between the boundary line of aircraft noise contour and the boundary line of an occupant of a house. Three cases faced in practice are considered in this study. Case I is considered the land number together with sub-number. The Tong and Ban (the residential district number in Korea) are considered in Case II. In Case III, the configuration of ground is examined. The authors expect that the authority of aviation affairs should choose one of these cases and put in force in the near future.

• Proceedings of KOSOMES biannual meeting
• /
• 2005.05a
• /
• pp.53-61
• /
• 2005

Dokdo, a group of 33 small and rocky Islets, in the East Sea have been administered by Korea for years since 1953 and are currently occupied by Korean Police Unit. Located about 217Km off the eastern border of Korea and 87Km east of UIleung Island in North Gyeongsang Province. Situated in the East Sea of Korea, Dokdo itself has valuable strategic implications for Korea as well as another countries such as Russia, Japan, U.SA etc. The first historical testimonies to Dokdo were in Korean documents referring to it as a part of an independent island district known as Ulleung Island(Usanguk), which was incorporated into Silla Kingdom in 512 A.D. in '1454 Sejong Authentic History'. Historically, since at least 1881, the island has been called Dokdo by Koreans, meaning 'Rock Island' or 'Lonely Island'. Also Korea, which regained a full sovereignty and have exercised it for decades continuously, keeps a small police detachment on the Island. That is, Dokdo is under effective control of Korea until today. Therefore Dokdo, which is a problem that is related to our territory and sovereignty, is clearly a cluster of Islands of Korea.

• Ecology and Resilient Infrastructure
• /
• v.2 no.2
• /
• pp.128-136
• /
• 2015

River areas include channels, floodplains and all the areas affected by physical and ecological processes in river systems. It is noticeably different from present riparian zone which is bounded by dykes. In this study, two methods for delineation of a floodplain are proposed, which are used for evaluation of the function of a river. One of them is a geomorphology-based technique and the other is hydrology-based inundation analysis. For the Mankyung River, these two methods are applied to delineate the floodplain area. Areas delineated with both methods are mutually compared. The results show that the geomorphology-based method is suitable for the delineation of a valley bottom, including the floodplain in a broader sense, which is unlike an inundated area reflecting contemporary hydrologic conditions. Compared with other flood frequency areas, a 100-year flood inundation area was found reasonable to represent the spatial extent of a floodplain without regard to the longitudinal location along a river. However, it is necessary in certain rivers reach where the division of a channel exists to compare a geomorphological analysis on a valley bottom with an inundation area of different frequencies.

• Strategy21
• /
• s.40
• /
• pp.235-254
• /
• 2016

최근 남중국해(South China Sea: 南中國海)가 동아시아 해양안보의 중심 이슈로 대두되고 있다. 아울러 남중국해 문제가 당사국 간 해양분쟁 및 해양경계획정 이슈만이 아닌, 제3자 개입 등의 다자간 해양분쟁과 대립으로 확산되는 매우 복잡한 양상을 보이고 있다. 이러한 남중국해 해양문제는 미국과 중국 간의 강대국 경쟁구도가 적용되어 힘의 시현을 위한 대결 국면이 되는 반면, 중국이 전통적 해양이익을 구단선(nine dash line)을 근거로 주장하면서 국제법 적용 문제에 따른 법적 문제의 성격을 나타내고 있다. 이에 따라 최근 남중국해 상황은 '항해의 자유(Freedom of Navigation)' 보장을 주장하는 미국, 역사적 권리 보장을 위해 일반적 조치를 강행하고 해군력을 증강시키는 중국, 그리고 남중국해를 경유하는 수많은 선박들의 항해 안전(navigational safety)을 강조하는 역내 국가 간 의견이 표출되는 복잡한 양상으로 나타나고 있다. 특히 최근 중국이 상설중재재판소의 남중국해 중재판결을 무시하여 국제법 적용이 어려운 가운데 포괄적 동아시아 해양안보 차원에서 남중국해 이슈 해결을 위한 새로운 접근방안이 요구되고 있다. 이는 남중국해에 대한 당사국 간 평화적 분쟁 해결과 더불어, 강대국 간의 전략적 함의에 의한 해결이 병행되어야 함을 의미한다.

• The Korean Journal of Air & Space Law and Policy
• /
• v.18
• /
• pp.185-209
• /
• 2003

이 논문은 21세기 우주개발로 인하여 제기되는 국제우주법의 장래 과제를 분석한 것이며 따라서 1967년 우주조약을 비롯한 기존의 5개 국제우주조약들과 '연성법'(soft law)으로서의 우주법인 5개의 UN결의들은 간략하게 소개하고 lex ferenda로서 제기되는 문제들을 중심으로 연구하였다. 21세기 국제우주법의 lex ferenda로 제기되는 문제는 다음과 같다. 첫째. 우주의 정의 및 경계획정문제와 지구정지궤도(GSO)의 성격과 활용의 문제가' 외기권 우주의 평화적 이용에 관한 위원회'(COPUOS)의 법률소위원회를 중심으로 어떻게 진행되고 있는가 하는 문제를 검토하였고, 둘째. 대기권 상공과 외기권 우주를 비행할 수 있는 새로운 우주운송수단으로 등장하고 있는 우주항공기(Aerospace Vehicle)가 기존의 항공법과 우주법의 관계에서 어떠한 법의 적용을 받아야 하는가의 문제를 검토하였다. 셋째. 그리고 통신위성을 이용하면서 발생하는 저작권법(copy right law) 및 지적재산권(intellectual property) 등의 문제 그리고 우주보험을 포함한 우주의 상업적 이용에서 발생하는 법규범의 문제를 검토하였고, 넷째. 우주활동으로 인해 발생하는 우주잔해(space debris)와 우주환경문제를 다루었다. 마지막으로 그리고 기타 국제우주법관련문제 특히 우주활동을 원활하게 수행하기 위한 '우주물체'(space objects)와 그와 관련된 용어들의 정확한 개념 정의를 명확하게 할 필요성과 우주의 상업적 이용과 우주의 오로지 평화적인 목적을 위하여 중요한 역할을 할 국제민간항공기구(ICAO)나 국제해사기구(IMO)와 같은 장래의 국제민간우주기구(International Civil Space Organization) 등의 설립문제를 검토하였다.