중국 지방정부 간 해상경계 설정에 관한 법적 고찰

Abstract

Since the 1980s, China has witnessed rapid progress in its ocean-based industries, including fisheries and aquaculture, shipping, tourism, and deep-water oil and natural gas. Conversely this progress has continuously caused disputes between local authorities over marine planning and development. This is mainly because there are no boundaries on adjacent sea between local governments, which should be delimited based on law. In anticipation of the large-scaled exploitation of marine resources such as wind energy, oil and natural gas, will be more likely to cause maritime boundary disputes. The Chinese government recognizes the importance of maritime delimitation and introduced “Guidelines for Managing Maritime Boundaries” and a “Policy for Maritime Boundary Delimitation” in April 2002. They clearly stipulate the basic principles, procedures, considerations and dispute settlement system for maritime delimitation. Since June of the same year the Provincial governments began to delimit the maritime boundary. This study introduces background and current status of the delimitation of maritime boundaries between Chinese local administrations. Furthermore, this research evaluates the legal grounds of maritime boundary delimitation in China. At the end, this paper will put forth some implications for the Korean government to establish maritime boundaries for its local governments along with introducing laws on maritime delimitation.