Abstract

North Korea is one of the signatory States which have not yet ratified the 1982 UN Convention on the Law of the Sea. Although the Convention is not binding upon North Korea, it should be noted that, as prescribed in Article 18 of the 1969 Vienna Convention on the Law of Treaties, it bears the obligation not to defeat the object and purpose of the Convention. Therefore, the Convention on the Law of the Sea may provide us with significant guidelines in assessing the North Korean perspectives as expressed in its literature. The review in this paper will show us how well North Korea takes advantage of the relevant provisions of the 1982 UN Convention on the Law of the Sea and the conflicts with its neighboring States to accomplish the goals of its marine policy.

After reviewing issues such as the Baseline System and Historic Bays, the Territorial Sea and its Navigational Regimes, the Military Boundary Zone, the Exclusive Economic Zone and the Continental Shelf Regimes, the Navigational Regime in Straits used for International Navigation, and also perceptions regarding the High Seas Regime and regarding Maritime Delimitation, this research suggests the incompatibility of North Korea's perspectives on the law of the sea with general international law and the 1982 UN Convention, based mainly upon its establishment of excessive straight baselines and military boundary zones. The fact that the precise locations of its baselines have not been made public may be a serious threat to maritime safety as well.

It is recommended that the best way to safeguard the rights of North Korea to use its territorial sea, continental shelf, and exclusive economic zone is to ratify the 1982 UN Convention and to abolish its military boundary zones.

Recommended Citation

Shin, Chang-Hoon and Lee, Seokwoo (2009) "North Korea and the Law of the Sea," Issues in Legal Scholarship: Vol. 8 : Iss. 1 (Frontier Issues in Ocean Law: Marine Resources, Maritime Boundaries, and the Law of the Sea), Article 6.
Available at: http://www.bepress.com/ils/vol8/iss1/art6