(English & Tokelauan version) Agreement between New Zealand and Kiribati concerning the delimitation of the maritime boundaries between Tokelau and Kiribati, 29 August 2012

  • Summary

This legal document contains the English and Tokelauan version of the Agreement between New Zealand and Kiribati concerning the delimitation of the maritime boundaries between Tokelau (New Zealand) and Kiribati, signed on 29 August 2012.

As stated in Article 1, the boundary line is formed using the equidistant method, based on the distance between the nearest territorial sea baseline of the two states. Specific coordinates constituting the boundary line are listed in Article 2.1. Article 3 states how the continental shelf boundary, in case where it extends beyond 200 nm of the EEZ, shall be completed.

by Tran Nguyen Quan

(English, French & Tokelauan version) Agreement between France and New Zealand concerning the delimitation of the maritime boundaries between Wallis and Futuna and Tokelau, 30 June 2003

  • Summary

This legal document contains the English, French, and Tokelauan version of the Agreement between France and New Zealand concerning the delimitation of the maritime boundaries between the French Republic off the Territory of Wallis & Futuna, and Tokelau (New Zealand), signed on 30 June 2003. Specific coordinates constituting the maritime boundary are listed in Article 2.2 of the Agreement.

by Tran Nguyen Quan

(English & Tokelauan version) Agreement between Cook Islands and New Zealand concerning the Delimitation of Maritime Boundaries between the Cook Islands and Tokelau 8 April 2010

  • Summary

This legal document contains the English and Tokelauan version of the  Agreement between the Cook Islands and New Zealand concerning the Delimitation of Maritime Boundaries between the Cook Islands and Tokelau, signed on 8 April 2010.

Tokelau (Tokelau Islands) is a dependent territory of New Zealand that is constituted by tropical coral atolls.

Article 1 of the Agreement specifies the use of the equidistant method in maritime boundary demarcation.

Article 2 provides the specific coordinates constituting the maritime boundary.

Article 3 clarifies that shall there be a continental shelf boundary between the Cook Islands and Tokelau that locates beyond both's EEZ and thus necessitates the extension of the boundary stated in Article 2, such boundary line shall be extended in accordance with international laws.

by Tran Nguyen Quan

(English version) New Zealand Continental Shelf Order 2018, 13 August 2018

  • Summary

This legal document contains New Zealand's Continental Shelf Order 2018, promulgated on 13 August 2018. This order delineates the outer limit of New Zealand's Continental Shelf that has been recommended by the UNCLCS under Article 76(8) of UNCLOS. Specific coordinates constituting the boundary of New Zealand's Continental Shelf are provided in the order.

by Tran Nguyen Quan

(English version) New Zealand Territorial Sea and Exclusive Economic Zone Act No.28 of 1977 as amended by Act No. 146 of 1980

  • Summary

This legal document contains New Zealand Territorial Sea and Exclusive Economic Zone Act 1977, as amended by Act No. 146 of 1980. This Act has four parts. The opening part commences the Act and includes the interpretation of terms. Part I is about New Zealand's territorial sea and its baseline as well as related regulations. Part II includes the definition of New Zealand's Exclusive economic zone (EEZ) and regulations regarding fisheries activities. Part III provides other miscellaneous provisions.

Notably. within the interpretation of terms in the opening part and except for the purposes of part II and section 29 of Part, III this Act interpret "New Zealand" as including the Ross Dependency.

by Tran Nguyen Quan

(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/

by Tran Nguyen Quan

(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.

by Tran Nguyen Quan

(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."

by Tran Nguyen Quan

(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.

by Tran Nguyen Quan

(English version) Japan Law on the Exclusive Economic Zone and the Continental Shelf (Law No. 74 of 1996)

  • Summary

This legal document contains Japan's Law on the Exclusive Economic Zone and the Continental Shelf (Law No. 74 of 1996). Article 1 establishes Japan's Exclusive economic zone (EEZ) and proclaims Japan's sovereign rights and other rights over it as a coastal state as prescribed in Part V of the United Nations Convention on the Law of the Sea. Article 2 establishes Japan's continental shelf and proclaims Japan's sovereign rights and other rights as a coastal State in accordance with the UNCLOS.

Article 3 provides specific sovereign rights and regulations of Japan over the EEZ and continental shelf. Article 4 stipulates that "here a treaty provides otherwise for matters provided for in this law, the provisions of the treaty shall apply", which includes UNCLOS.

by Tran Nguyen Quan