The Japan-South Korea agreement on joint development of the continental shelf

Abstract

Japan delayed ratification of the Japan-South Korea Agreement on the Continental Shelf Joint Development because of the constraints of its existing Mining Law when applied to the joint development zone and because of the need to accommodate fisheries' interests. Japan promulgated an ad hoc law governing petroleum development in the joint development zone that differed from the old Mining Law in concessionaire rights and the process of application, duration of rights, responsible authority, and concessionaire work obligations and restrictions, particularly in fishing grounds. Separate arrangements were specified for work obligations and prevention of collisions and pollution. Restrictions on work during the fishing season and the typhoon season limit the operator's available work time. The agreement may be applicable to situations where both parties have equally valid claims, an equally urgent need for petroleum, and a shared perception of the reasonableness of cooperation.