Maritime Delimitation Between China and North Korea in the North Yellow Sea

Abstract

Abstract China and North Korea have delimited the boundary of their territorial seas by signing a 1962 Border Treaty and a 1964 Border Protocol, but the two states still need to delimit the boundary of their exclusive economic zones (EEZs) and continental shelves (CSs) in the North Yellow Sea (NYS). Considering the geographical characteristics of the two states’ coasts in the NYS, this article proposes that China and North Korea can delimit a single maritime boundary for the EEZ and the CS by applying the equidistance/relevant circumstances method, and then following a “three-stage approach.” The first stage is to construct a provisional equidistance line in the NYS; the second stage is to adjust the provisional equidistance line in light of relevant circumstances, such as the partial effect of Nan Tuozi in light of its distance from the coast of the continent; and the third stage is to apply the disproportionality test to the maritime area allocated to the two states in the NYS. After applying the “three-stage approach” to this case, the author concludes that the potential delimitation line of EEZ/CS between the two states extends generally south-southwest through seven segments for a distance of about 196 km (106 nm). Since 2018, tensions appear to have declined on the Korean Peninsula, and this may provide an opportunity for China and North Korea to start their maritime boundary delimitation negotiation in the near future.