黃海의 海低資源開發을 위한 韓中間의 協力 = A Need for the Sino-Korean Cooperation in the Exploitaion of the Mineral Resources of the Yellow Sea

다국어 초록 (Multilingual Abstract)

The width of the Yellow Sea between its coastal Sbates, Korea and China, is less than 400 nautical miles. Its average depth is 55 meters and is nowhere more than 125 meters in depth. This implies that there is a delimitation problem existing in the Yellow Sea between Korea and China.
While China sticks to the natural prolongation theory, Korea maintains the median line principle as far as the Yellow Sea is concerned. Korea's position does not necessarily mean that she adheres to the median line principle in any case. However, given the geographical circumstances as shown above, she considers the principle the most equitable delimitation method in the said area.
The United Nations Convention on the Low of the Sea is to be effective on November 16, 1994. Paragraph 1 of article 76 of the Convention stipulates : the continental shelf of a coastal stata comprises the sea-bed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance.
The Convention also lays down the 200 miles exclusive economic zone. According to the Convention, in the exclusive economic zone , the coastal state has sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living of the waters superjacent to the sea-bed and of the sea-bed and its subsoil, and with regard to other artivities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds(Article 56, paragraph 1(a)).
Taking those two articles in mind, we come to the conclusion that natural resources, whether living or non-living in the sea area including its sea-bed and subsoil of 200 miles measured from the baseline of the coastal state belong to the same state. Here, we find coincidence of the two systems, the continental shelf system and exclusive economic zone system. This is confirmed by the judgment of the International Court of Justice in its decision on the Libyan-Malta Continental shelf cast in 1985.
Applying this criteria to the Yellow Sea, both the coastal states, Korea and China, can claim their rights up to 200 nautical miles from the baseline. Their continental shelves merge and overlap each other. Under the circumstances, it will be most equitable to delimit the common portion of the continental shelf by say of the median line principle. Alternatively, it may be suggested that the median line principle can be a good starting point for negotiation. For this reason, it is highly recommended for the coastal states to enter into negotiation for the speedy and peaceful settlement of the problem.