Building the Framework of Peace in the Waters around the Five Islands in the West Sea of Korea1

Abstract

Since the mid-1990s, the relationship between South and North Korea has been turbulent. As tensions in the West Sea escalated, the Declaration on the Advancement of South–North Korean Relations, Peace, and Prosperity in 2007, commonly known as the October 4 Declaration, was signed between the two Koreas to prevent a potential military conflict. This Declaration states that the South and the North agreed to create a special peace and cooperation zone in the West Sea as well as joint use of the Han River estuary. To implement such an agreement, the matters concerning the establishment of a special peace and cooperation zone in the West Sea for stability in the region and common benefits were included at the Ministerial-Level Meeting between South and North Korea held in 2017. In line with this development, the Military Agreement of September 19, 2018, included provisions on the designation of a joint fishing area within the peace maritime zone in the West Sea. This chapter examines whether the designation of such a joint fishing area violates UN sanctions against North Korea. As the chapter explores the contents of UNSC resolutions relevant to humanitarian exemptions, the following activities could be exempted by the 1718 UN Sanctions Committee: religious activity, activities to relieve the need of the civilian populations, medical/safety-related, food, medicine, and other humanitarian assistance deemed necessary by the Sanctions Committee. Concerning the designation of a joint fishing area, first, such designation itself is not subject to UN sanctions, yet there exists the possibility that fishing in such an area could lead North Korea into conducting prohibited activity such as trading or exporting resources from the joint fishing area. In this case, South Korea may be criticized and even responsible for agreeing to designate the joint fishing area because of the potential cash flow into North Korea if South and North Korea jointly adopt a system to monitor such cash flow. Second, even if the designation falls under the measures prohibited by the UNSC, a humanitarian exemption can be invoked. However, the approval of such an exemption is at the discretion of the Sanctions Committee. Third, the exchange of commodities can contribute to resolving North Korea's food shortage problem. Fourth, the most desirable approach will be easing UNSC sanctions and possibly getting approval for humanitarian exemptions if the removal of sanctions is not viable.