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Scope and Limitations of Exercising Jurisdiction in Areas of Overlapping Maritime Claims between Korea and Japan
JAPAN SPACE
2016, (20),
pp.151-177
DOI :10.35506/jspace.2016..20.003
Publisher : The Institute of Japanese Studies
Research Area : Area Studies
DOI :10.35506/jspace.2016..20.003
Publisher : The Institute of Japanese Studies
Research Area : Area Studies
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Areas of overlapping maritime claims are not high seas, and Coastal States have rights and obligations in these areas according to UN Convention on the Law of the Sea. Coast States with overlapping EEZ or continental shelf claims have a good faith duty to seek provisional arrangements and the duty to avoid jeopardising or hampering the reaching of a boundary agreement under article 74/83 para(3). Coastal States make unilateral attempts to make scope and application of their jurisdiction into a law and have legal basis for unilateral exercising their maritme jurisdiction. In this situation, unilateral enforcement can spill over into maritime conflict. Korea and Japan have overlapping jurisdictional claims in the East Sea and the East China Sea. This article considers diverse problems regarding exercise of conflicting jurisdiction between Korea and Japan by the time of final delimitation of the EEZ and continental shelf from all angles.
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