scholarly journals Seeking Joint Development in the East China Sea

2020 ◽  
Vol 5 (2) ◽  
pp. 303-329
Author(s):  
Vasco Becker-Weinberg

Abstract South Korea faces a complex situation of overlapping claims in the East China Sea and the Yellow Sea, in addition to those in the East Sea (or Sea of Japan). The boundary disputes in the East China Sea and the Yellow Sea raise two distinctive challenges. The first concerns the joint development agreement signed with Japan almost four decades ago. This agreement is at a stalemate and its initial term of fifty years is fast approaching. There are also reports that the dormancy of the agreement might be partly attributed to an alleged material breach by Japan. Therefore, South Korea should consider the available alternatives, particularly if Japan does not intend to renew the joint development agreement, but instead proceed with its termination. The second challenge concerns the inter-Korean relations and the legal relevance of the Northern Limit Line as a maritime boundary. Although there is no foreseeable timeline for North and South Korea to address the matter, mainly as there are no on-going negotiations, this will ultimately be a key aspect of a future settlement. This article examines these two challenges and attempts to put forward some tentative conclusions regarding the available options for South Korea in both situations.


2008 ◽  
Vol 23 (1) ◽  
pp. 39-75 ◽  
Author(s):  
Gao Jianjun

AbstractAs a form of provisional arrangement pending delimitation, the delineation of a joint development zone is significantly influenced by the maritime delimitation claims of the states concerned. In this sense, joint development is by no means an easier challenge to be tackled than delimitation. Because China has opted out of the compulsory procedures entailing binding decisions contained in the Law of the Sea Convention for delimitation issues, the only effective recourse available is to resort to negotiations. This means that unless China and Japan are ready to make concessions in their negotiations, no agreement can be reached, either for delimitation or for joint development.


Author(s):  
Huiping Xu ◽  
Changwei Xu ◽  
Rufu Qin ◽  
Yang Yu ◽  
Shangqin Luo ◽  
...  

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