South Korea Boundary Disputes in the East China Sea and the Yellow Sea

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.