中韩相邻海洋权益问题研究

On the Dispute of the Rights of Neighbor Seas between China and South Korea

目前,中国和韩国相邻海洋权益争端主要集中在专属经济区和大陆架划界问题上。中韩相邻海洋宽度不足以使两国各自划定200海里的专属经济区和大陆架,划界分歧较大。我国主张公平原则、自然延伸原则,韩国主张中间线原则。针对该争端,我国应该根据《联合国海洋法公约》等国际海洋法规则,以其确定的争端解决原则和程序,调查分析划界的公平因素,以共同开发制度作为临时安排,通过协议最后解决划界问题。

For the present the dispute of rights on the neighboring seas between China and South Korea focuses on the demarcation of exclusive economic zone and continental shelf.The width of neighboring seas between China and South Korea is not enough to demarcate 200 nautical miles on exclusive economic zone and continental shelf independently.The divergence on demarcation is serious.China insists on the equitable principle and the principle of natural prolongation.However South Korea insists on equidistance principle.On the dispute,china should choose the principles and procedures of dispute resolution stipulated by international rules of law of the sea such as the 1982 United Nations Convention on the Law of the Sea,investigate and analyze the equitable factors of demarcation,have the international joint development as temporary arrangements,and resolute the demarcation problem through negotiation finally.