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Title: Legal relations between states with opposite or adjacent coasts pending ultimate delimitation of the exclusive economic zone/continental shelf, with particular reference to North East Asia
Author: Kim, Sun Pyo
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 2001
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Abstract:
In a circumstance where overlapping claims are made but delimitation of the area of overlapping claims is not made, an obvious need arise to search for rules applicable between neighbouring States pending delimitation of maritime boundaries which might never take place. Articles 74(3) and 83(3) of the United Nations Convention on the Law of the Sea (LOS Convention) deal with the legal problems pending delimitations of exclusive economic zone (EEZ)/continental shelf boundaries. They provide, in identical terms, that "pending agreement as provided for in paragraph 1, the States concerned, in a spirit of understanding and co-operation, shall make every effort to enter into provisional arrangements of a practical nature". The provisional arrangements share some important aspects with interim measures ordered by domestic or international courts pending their final judgements on the merits of disputes. Even though no illustrations of provisional arrangements are given in the provisions, there have been actual cases where provisional arrangements were made pending delimitation of boundaries even before the conclusion of the LOS Convention in 1982. For example, joint development zones of the continental shelf, joint fishing zones and provisional maritime boundaries were adopted from time to time by coastal States for provisional measures. Sometimes a zone is established for the purpose of joint exploitation of gas and oil as well as fisheries resources. In North East Asia, the need for provisional arrangements arose in the late 1990s because South Korea and Japan claimed their respective 200 nautical miles(N.M.) EEZs in 1996 and China claimed a 200 N.M. EEZ in 1998. Three bilateral fisheries agreements were concluded between Korea, China and Japan pending delimitation of maritime boundaries between them. All these fisheries agreements established joint fishing zones with various names or without names in the areas where overlapping claims were made. These provisional arrangements, however, have defects for the proper management of fisheries resources in the region because the joint fishing zones of different legal characters established by these arrangements overlap with each other and there is no previous to deal with transboundary fish stocks occurring in the EEZs of the three littoral States in the region. There is also a need for provisional arrangements between the coastal States in the region for co-operation in the exercise of jurisdiction, and for avoidance of jurisdictional conflicts, with regard to the protection of the marine environment and marine scientific research.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.653409  DOI: Not available
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