[本篇论文由上帝论文网为您收集整理，上帝论文网http://paper.5var.com将为您整理更多优秀的免费论文，谢谢您的支持]

Korean Practices concerning Straits

　　「摘要」As known， the Korea Strait （Tsushima Strait in Japanese） is a typical Strait used for international navigation according to Article 37 of 1982 Convention connecting East China Sea with East Korea Sea （Japanese Sea in Japanese） with Tsushima Island of Japan in the middle of it and divided into Western Channel and Eastern Channel. So-called Korean Practices concerning Straits mainly focus on this Strait compared to Cheju Strait etc in the frame of Korean basic maritime practices.

　　「关键词」high sea corridor

　　The most valuable practice

　　The basic system of Korea maritime claims are demonstrated by its domestic laws. Article 1 of the Territorial Sea and Contiguous Zone Act of the Republic of Korea， which was promulgated on December 31st， 1977， entered into force on April 30th， 1978， and amended on December 6th， 1995， defines the outward limit of the territorial sea， “the territorial sea of the Republic of Korea shall be the area of the waters up to the outer limit of twelve nautical miles measured from the baseline. However， the breadth of the territorial sea in the specified area may be determined differently within the limit of twelve nautical miles in accordance with the Presidential Decree”。 Article 4 of the 1977 Territorial Sea Law， supra， provided that， “the boundary between the territorial sea of the Republic of Korea and that of an adjacent or opposite state， unless otherwise agreed between the states concerned， shall be the median line every point of which is equidistant from the nearest points on the baseline from which the breadth of the territorial sea of each of the two states is measured” as amended by Act No.4986， December 6th， 1995 as “the delimitation of the territorial sea and contiguous zone between the Republic of Korea and states with adjacent or opposite coasts， unless otherwise agreed to between the states concerned， shall be the median line joining every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial sea of each of the two states is measured”。

　　It can be concluded that the principle adopted is 12 nautical miles according to with some exceptions， the straight baselines that the Republic of Korea has employed link basepoints of islands lying on the outer fringe of the Korean coast and on the issue of the delimitation of the territorial sea， Korea adheres to the equidistance-median rule without substantial modification in the amendment. The fundamental exception was specifically defined by the annex to the Presidential Decree No. 8994 of promulgated on April 29th， 1978， Regulation Concerning the Date if Entry into Force of the Territorial Sea Law and Other Related Matter， as the breadth of the territorial sea in the Korea Strait as 3 nautical miles. Concretely， in the Table 2 of Enforcement Decree of Territorial Sea and Contiguous Zone Act No.9162 on September 20th， 1978 amended by Presidential Decree No.13463 on September 7th， 1991， No.15133， July 31st， 1996 and No. 17803， December 18th， 2002， the outer limits of the Territorial Sea in the Korea Strait can be read as： 1）The outer line at a distance of the three nautical miles measured from the straight baselines joining， in order， Basepoint 5 （1.5 Meter Am）， Basepoint 6 （Saeng Do） and Basepoint 7 （Hong Do）； 2） The line drawn from Basepoint 5 （1.5 Meter Am） at 127 degrees intersects the above-mentioned line at a point which is three nautical miles from the Basepoint 5. From this intersection point a line drawn at 93 degrees intersects the outer limit line of twelve nautical miles measured from the baseline； 3） The line drawn from Basepoint 7 （Hong Do） at 120 degrees intersects the line mentioned in number one above at a point which is three nautical miles from Basepoint 7. From this intersection point a line drawn at 172 degrees intersects the outer limit line of the twelve nautical measured from the baseline. As a result， in the Western Channel of Korea Strait the equidistance-median line was not adopted or drawn for its short fall coverage of the whole Channel by the two countries‘ claimed territorial sea.

　　Actually， Japan has adopted a similar 3-mile limit in the same area a little bit earlier. The reason why these two countries had the same intention of limiting their territorial sea is this Strait plays as a sensitive roll as the unique outlet to the Pacific Ocean for the Former USSR， now Russia from its unique naval port in the Far East—— Vladivostok. Those limitations are capable of creating a high sea corridor with width of 11.8 nautical miles through the Western Channel by avoiding the enforcement of the domestic laws. As a result， the high seas routes according to the Article 36 of 1982 Convention are artificially created and left as Western Channel and Eastern Channel located on the both sides of Tsushima Island parallel with the direction of the Strait. Hence， the foreign vessels including warships are entitled to pass through the Korea Strait on ground of freedoms of navigation in high sea. On the other hand， according to Article 36 of the 1982 Convention， the foreign warships are not justified to enter the territorial sea of the coastal states， for example， Korea， the Southeast part of which， including Puhang， Pusan etc， is the significant industrial and pivotal informational district， being kept at least 5 nautical miles from any possible spying reconnaissance activities on the foreign warships. Even though， why not adopt the equidistance- median rule to cover the Channel territorially as an international strait with the right of transit passage during the peaceful period according to Article 38 of 1982 Convention in the root of Kofu Channel Case of ICJ， providing the basic convenience to the Super Power？ This will step in the most debatable practice.

　　The most debatable practice

　　The most de

[1] [2] [3]  下一页