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@article{ART002175724},
author={김자영},
title={Scope and Limitations of Exercising Jurisdiction in Areas of Overlapping Maritime Claims between Korea and Japan},
journal={JAPAN SPACE},
issn={1976-1481},
year={2016},
number={20},
pages={151-177},
doi={10.35506/jspace.2016..20.003}

TY - JOUR
AU - 김자영
TI - Scope and Limitations of Exercising Jurisdiction in Areas of Overlapping Maritime Claims between Korea and Japan
JO - JAPAN SPACE
PY - 2016
VL - null
IS - 20
PB - The Institute of Japanese Studies
SP - 151
EP - 177
SN - 1976-1481
AB - 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.
KW - Areas of Overlapping Maritime Claim;Exercising Maritime Jurisdiction;1999 Korea/Japan Fisheries Agreement;1974 Korea-Japan Continental shelf Joint Development Agreement;Marine Scientific Research
DO - 10.35506/jspace.2016..20.003
ER -

김자영. (2016). Scope and Limitations of Exercising Jurisdiction in Areas of Overlapping Maritime Claims between Korea and Japan. JAPAN SPACE, 20, 151-177.

김자영. 2016, "Scope and Limitations of Exercising Jurisdiction in Areas of Overlapping Maritime Claims between Korea and Japan", JAPAN SPACE, no.20, pp.151-177. Available from: doi:10.35506/jspace.2016..20.003

김자영 "Scope and Limitations of Exercising Jurisdiction in Areas of Overlapping Maritime Claims between Korea and Japan" JAPAN SPACE 20 pp.151-177 (2016) : 151.

김자영. Scope and Limitations of Exercising Jurisdiction in Areas of Overlapping Maritime Claims between Korea and Japan. 2016; 20 : 151-177. Available from: doi:10.35506/jspace.2016..20.003

김자영. "Scope and Limitations of Exercising Jurisdiction in Areas of Overlapping Maritime Claims between Korea and Japan" JAPAN SPACE no.20(2016) : 151-177.doi: 10.35506/jspace.2016..20.003

김자영. Scope and Limitations of Exercising Jurisdiction in Areas of Overlapping Maritime Claims between Korea and Japan. JAPAN SPACE, 20, 151-177. doi: 10.35506/jspace.2016..20.003

김자영. Scope and Limitations of Exercising Jurisdiction in Areas of Overlapping Maritime Claims between Korea and Japan. JAPAN SPACE. 2016; 20 151-177. doi: 10.35506/jspace.2016..20.003

김자영. Scope and Limitations of Exercising Jurisdiction in Areas of Overlapping Maritime Claims between Korea and Japan. 2016; 20 : 151-177. Available from: doi:10.35506/jspace.2016..20.003

김자영. "Scope and Limitations of Exercising Jurisdiction in Areas of Overlapping Maritime Claims between Korea and Japan" JAPAN SPACE no.20(2016) : 151-177.doi: 10.35506/jspace.2016..20.003