(English version) South Korea Exclusive Economic Zone Act No. 5151, Promulgated on 8 August 1996
- Summary
This legal document contains South Korea Exclusive Economic Zone Act No. 5151, promulgated on 8 August 1996. This Act, in conformity with the 1982 UNCLOS, claims a 200-nautical mile EEZ measured from the baseline mentioned in Article 2 of the Territorial Sea and Contiguous Act . This Act also includes the sovereign rights, jurisdiction, and other rights of the ROK in their EEZ as well as the rights and duties of other states within the ROK's EEZ.
Notably, while Article 2.2 implies that the EEZ delimitation with states with adjacent or oppositie coast shall be agreed based on international law, Article 5.2 states that "The rights of the Republic of Korea in the exclusive economic zone ... shall not be exercised in the area of the sea beyond the [equidistant] median line between the Republic of Korea and the State concerned. This implies that the preferred delimitation regime of the ROK is the method of equidistance. Nevertheless, this method has not been ruled as a customary international law as in the case of the North Sea continental shelf delimitation/
- Document: South Korea Exclusive Economic Zone Act No. 5151, Promulgated on 8 August 1996
- Related Document: South Korea's 1996 Territorial Sea and Contiguous Act
(English version) (2013) South Korea's Enforcement Decree of Territorial Sea and Contiguous Zone Act promulgated by Presidential Decree No. 9162 on 20 September 1978, as amended by Presidential Decree No. 24424 on 23 March 2013.
*This Law enforces/implements the Law on South Korea's Territorial Sea and Contiguous Zone Act Law No. 3037 promulgated on 31 December 1977, as amended by Law No. 14607 promulgated on 21 March 2017
- Summary
This legal document contains the Republic of Korea's Enforcement Decree of Territorial Sea and Contiguous Zone Act promulgated by Presidential Decree No. 9162 on 20 September 1978, as amended by Presidential Decree No. 24424 on 23 March 2013.
As stated in Articles 2 and 3 of this Enforcement Decree respectively, the specific coordinates of the basepoint constituting the straight baseline (if used) to measure the ROK's territorial sea in general and the Korea Strait will be listed in Tables 1 and 2 annexed at the end of the document respectively. For the Korea Strait, the mix of 3-nautical mile and 12-nautical mile territorial sea regimes is applied.
The document also includes specific details for the required application for prior notice to the ROK Ministry of Foreign Affairs for the innocent passage of foreign warship or government vessels operating for non-commercial purposes and for the conduct of certain activities of all foreign ships in the ROK's territorial sea.
- Document: South Korea's Enforcement Decree of the Territorial Sea and Contiguous Zone Act Law No. 3037, promulgated by Presidential Decree No. 9162, 20 September 1978 on 20 September 1978, as amended by Presidential Decree No. 13463, 7 September 1991, by Presidential Decree No. 15133, 31 July 1996, by Presidential Decree No. 17803, 18 December 2002, and by Presidential Decree No. 24424, 23 March 2013
- Enforces: South Korea's Territorial Sea and Contiguous Zone Act Law No. 3037 promulgated on 31 December 1977, as amended by Law No. 14607 promulgated on 21 March 2017
(English version) (2017) South Korea's Territorial Sea and Contiguous Zone Act Law No. 3037 promulgated on 31 December 1977, as amended by Law No. 4986, promulgated on 6 December 1995, and as Amended by Law No. 14607 promulgated on 21 March 2017
*This Law amends South Korea's Territorial Sea Law (No. 3037 of 31 December 1977)
- Summary
This legal document contains the Republic of Korea's Territorial Sea and Contiguous Zone Act promulgated on 31 December 1977, as amended by Law No. 14607 Promulgated on 21 March 2017.
Similar to its first version in 1977, the newly amended law includes, inter alia, the definition of the internal water, territorial sea, and the contiguous zone of the ROK. The law also mentions the use of both normal low-water line baseline and straight baseline from which the territorial sea and the contiguous zone are measured.
Notably, regarding the matter of innocent passage, Article 5.1 of the law still requires that foreign warships and government vessels operating for non-commercial purposes shall give prior notice "to the authorities concerned in accordance with the Presidential Decree" to conduct innocent passage through the ROK's territorial sea.
Finally, as amended by Law No. 14607 on 21 March 2017, the Law now has a new article clarifying that "any matter not regulated by this Act shall be subject to treaties concluded and promulgated under the Constitution and the generally accepted rules of international law."
- Document: Republic of Korea's Territorial Sea and Contiguous Zone Act promulgated on 31 December 1977, as amended by Law No. 14607 Promulgated on 21 March 2017
- Amends: South Korea's Territorial Sea Law (No. 3037 of 31 December 1977)
- Enforced by: 2013 South Korea's Enforcement Decree of the Territorial Sea and Contiguous Zone Act Law No. 3037, promulgated by Presidential Decree No. 9162, 20 September 1978 on 20 September 1978, as amended by Presidential Decree No. 13463, 7 September 1991, by Presidential Decree No. 15133, 31 July 1996, by Presidential Decree No. 17803, 18 December 2002, and by Presidential Decree No. 24424, 23 March 2013
(English version) South Korea's Territorial Sea Law (No. 3037 of 31 December 1977)
*This Law was amended by the Territorial Sea and Contiguous Zone Act Law No. 3037 promulgated on 31 December 1977, as amended by Law No. 4986, promulgated on 6 December 1995, and as Amended by Law No. 14607 promulgated on 21 March 2017 in 2017 (the newest amendment).
- Summary
This legal document contains the Republic of Korea's Territorial Sea Law (No. 3037 of 31 December 1977) promulgated in 1977. The law includes, inter alia, the definition of the internal water, territorial sea, and the contiguous zone of the ROK. The law also mentions the use of both normal low-water line baseline and straight baseline from which the territorial sea and the contiguous zone are measured.
Notably, regarding the matter of innocent passage, Article 5.1 of the law requires that foreign warships and government vessels operating for non-commercial purposes shall give prior notice "to the authorities concerned in accordance with the Presidential Decree" to conduct innocent passage through the ROK's territorial sea.
- Document: South Korea's Territorial Sea Law (No. 3037 of 31 December 1977) (English version).
- Amended by: 2017 South Korea's Territorial Sea and Contiguous Zone Act Law No. 3037 promulgated on 31 December 1977, as amended by Law No. 4986, promulgated on 6 December 1995, and as Amended by Law No. 14607 promulgated on 21 March 2017
- Enforced by: 2013 South Korea's Enforcement Decree of the Territorial Sea and Contiguous Zone Act Law No. 3037, promulgated by Presidential Decree No. 9162, 20 September 1978 on 20 September 1978, as amended by Presidential Decree No. 13463, 7 September 1991, by Presidential Decree No. 15133, 31 July 1996, by Presidential Decree No. 17803, 18 December 2002, and by Presidential Decree No. 24424, 23 March 2013
(English version) Agreement between Japan and South Korea concerning joint development of the southern part of the continental shelf adjacent to the two countries (with map, appendix, agreed minutes and exchanges of notes) on 30 January 1974
- Summary:
This legal document contains the English version of the Agreement between Japan and South Korea concerning joint development of the southern part of the continental shelf adjacent to the two countries (with map, appendix, agreed minutes, and exchanges of notes) on 30 January 1974.
Article 2 of this Agreement establishes that the 'Joint Development Zone" subject to this Agreement shall be an area of continental shelf bounded by straight lines connecting 21 points to enclose the Joint Development Zone. The coordinates of the 21 points are specified in the same Article 2. Under this Agreement, the Joint Development Zone may be divided into 9 Subzones as provided from the thirtheenth to the fifteenth page of the Agreement document. Each of the Subzone will be explored and exploited jointly by concessionaires of both countries. who shall enter into agreements for such joint exploration and exploitation.
Notably, Article 14 of the Agreement establishes the japan-ROK Joint Commission for consultations on matters concerning the implementation of this Agreement. In case any disputes between the two countries regarding the interpretation and implementation of this Agreement cannot be settled via diplomatic channels, the two countries shall refer for decision to an arbitration board composed of three arbitrators. Japan and South Korea each will appoint one arbitrator, and the third arbitrator shall be appointed by the two chosen arbitrators, provided that the third arbitrator shall not be a national from neither Japan nor South Korea.
- Document: Agreement between Japan and South Korea concerning joint development of the southern part of the continental shelf adjacent to the two countries (with map, appendix, agreed minutes and exchanges of notes) on 30 January 1974 (English version)
- Related document: Agreement between Japan and South Korea concerning the establishment of boundary in the northern part of the continental shelf adjacent to the two countries (with map and agreed minutes) on 30 January 1974 (English version)
(English version) Agreement between Japan and South Korea concerning the establishment of boundary in the northern part of the continental shelf adjacent to the two countries (with map and agreed minutes) on 30 January 1974
- Summary:
This legal document contains the English version of the Agreement between Japan and South Korea concerning the establishment of boundary in the northern part of the continental shelf adjacent to the two countries (with map and agreed minutes) signed on 30 January 1974. As provided by Article 3, apart from continental shelves delimitation, this Agreement shall not affect the legal status of the superjacent waters around and airspace above the continental shelves area subjected to this Agreement.
Article 1 provides the coordinates of 26 points constituting the boundary line between that part of the continental shelf appertaining to Japan and that part of the continental shelf appertaining to the Republic of Korea in the northern part of the continental shelf adjacent to the two countries.
Notably, Article 2 clarifies that in case Japan and South Korea are unable to agree on a manner to 'most effectively exploit' any geological structure or field of mineral deposit beneath the seabed that extends across the boundary line, the dispute shall be referred to a third party arbitration at the request of either party. The decision of that arbitration shall be binding on both Japan and South Korea.
- Document: Agreement between Japan and South Korea concerning the establishment of boundary in the northern part of the continental shelf adjacent to the two countries (with map and agreed minutes) signed on 30 January 1974 (English version)
- Related document: Agreement between Japan and South Korea concerning joint development of the southern part of the continental shelf adjacent to the two countries (with map, appendix, agreed minutes, and exchanges of notes) on 30 January 1974 (English version)
