North Korea and the Northern Limit Line

Abstract

IntroductionWhen negotiators concluded the Korean War armistice in July 1953 to bring an end to the hostilities on the peninsula, one of the important dimensions of the agreeU.S. ment was delineating a border between the two Koreas. On land, this division was the military demarcation line (MDL) that is surrounded on both sides by a 2.5-milewide demilitarized zone (DMZ). Despite efforts to specify sea borders, the armistice was silent on a maritime demarcation line. To address this issue, the United Nations Command (UNC) unilaterally declared a maritime border called the Northern Limit Line (NLL) to separate opposing naval forces. Since that time, the NLL has been a source of contention, erupting into an armed clash in 1999 and again in 2002 when North and South Korean forces fought in the West Sea (Yellow Sea). Despite efforts to solve the dispute, there has been little progress and the disagreement over the NLL remains a serious flashpoint for conflict between North and South Korea.If the issue ever went before an international tribunal for resolution, international law is probably in North Korea's favor; the court would likely move the line south but not as far as the DPRK wishes. However, this will not happen so long as North Korea remains a security threat to the South; Seoul will not allow the matter to be taken before a court. This article argues that the NLL will have a chance of being changed only through a political process that will not happen until the tension level and security concerns in the region decrease. North Korea will need to promote a more stable security environment by moderating its sometimes provocative behavior while also continuing to demonstrate its opposition to the NLL. The remainder of this paper will address the origin of the NLL and the history of dispute, North Korea's interests in altering the line, and, finally, recommendations for how North Korea might proceed to address the dispute.History of the Northern Limit LineThe Northern Limit Line was drawn at the end of the Korean War as a maritime boundary between the two Koreas in the West Sea. During armistice talks, negotiators settled on a land border, the MDL, and granted the UNC the rights to five small islands on the west coast of Korea.1 Despite lying off the North Korean coast, the islands were under UNC control at the time of the armistice. However, negotiators could not agree on a maritime boundary due to disagreements over the extent of North Korea's territorial sea. Moreover, South Korean President Syngman Rhee had made known his displeasure with the armistice and pledged to continue the fight if given the opportunity.2 To ensure naval forces and fishing boats did not spark a renewal of the conflict, on August 30, 1953, the UNC promulgated the NLL. The line was drawn approximately mid-channel between the Ongjin Peninsula and the five islands under UNC/ROK control. For the next 20 years, little was said between the two Koreas regarding the NLL, and North Korea did not lodge any formal protests regarding the line.North Korea appears to have made its first formal protest of the NLL in 1973, at the 346th Military Armistice Commission meeting where the DPRK representative proclaimed that the five islands under UNC/ROK control as specified in the armistice are in DPRK territorial waters. In addition, transit to and from these islands would require North Korean permission.3 However, Pyongyang did not challenge ROK control of the five islands. In 1977, North Korea proclaimed two additional maritime zones: its 200-nautical-mile economic exclusion zone (EEZ)4 and a 50-nautical-mile military boundary zone. The designation of a military boundary zone was unusual and not in keeping with international law. According to DPRK authorities, the purpose of the military zone was "to reliably safeguard the economic sea zone" and defend "militarily the national interests and sovereignty of the country."5 The DPRK announcement also stated that within this zone and the sky above, foreign military vessels and planes are prohibited, and any civilian ships, excluding fishing boats, must obtain approval before entering the zone. …