Assessing the need for the designation of the Yellow Sea Particularly Sensitive Sea Area (PSSA)

Abstract

With each passing decade, industrial and economic activities have increased the severe contamination of the Yellow Sea and marine pollution, caused by various pollutants, has reached an alarming level. One of the main sources of contamination are pollutants from the international shipping industry. Due to an increase in maritime trade volume, driven by the rapid economic growth of China and South Korea, the danger of polluting incidents caused by shipping activities such as accidental and operational discharges from ships continues to rise. The semi-enclosed Yellow Sea poses geographical disadvantages. The depth of the Yellow Sea is relatively shallow. The width of the Yellow Sea does not exceed over 400 nm. China, South Korea, and North Korea have a common interest in the Yellow Sea. Pollution incidents involving oil, hazardous and noxious substances (HNS), or other pollutants from ships which occur in the territorial sea of one of the Yellow Sea states may have serious impacts on the maritime zone of another. Due to narrow sea areas of the Yellow Sea, there is ongoing dispute over maritime boundary delimitation of the Exclusive Economic Zone (EEZ) in the Yellow Sea. Concurrent Chinese and South Korean jurisdictions exist. These disputes are the primary factor hampering regional cooperation when dealing with regulatory instruments in an overlapping EEZ area. This article serves as a starting point for discussion, to make the case for the necessity of a practical regulatory instrument and regional cooperation to prevent vessel-source pollution in the Yellow Sea. In order to overcome the jurisdictional issue in an overlapping EEZ area and effectively address it, this article argues that the designation of a Yellow Sea Particularly Sensitive Sea Area (PSSA) is required. This study is not only assessing need for PSSA designation, but it is reviewing the geographical and environmental significance of the Yellow Sea.