对马海峡韩国侧法律制度与实践概述
Korean Practices concerning Straits
黄英亮
【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】公海通道 high sea corridor
【全文】
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”.
