NLL and the United Nations Convention on the Law of the Sea (UNCLOS)The Northern Limit Line (NLL) is a disputed maritime extralegal boundary in the Yellow (West) Sea, dividing the Democratic People's Republic of Korea (DPRK), commonly referred to as North Korea, and the Republic of Korea (ROK), commonly referred to as South Korea. Initially imposed in 1953 as a temporary measure in response to concerns about ROK President Syngman Rhee threatening the Armistice (AA),2 it was also a restraint on the DPRK. original purpose of the NLL remains: it is a mechanism to separate the two Koreas. was necessary because the Armistice Agreement, although granting military control of the islands to the commander-in-chief of the United Nations Command (UNC), did not give a clear position on the territorial waters surrounding the islands. Thus, the dispute includes both the legitimacy of the NLL itself and conflicting territorial claims to the waters surrounding the five islands. five islands are U-do, Sochong-do, Taechongdo, Paengnyong-do and Yeonpyeong-do.From a legal perspective, there are two major regimes that apply to the NLL dispute: the Armistice (AA) and the United Nations Convention on the Law of the Sea (UNCLOS). full text of Article 15 of the AA is as follows: This Armistice shall apply to all opposing naval forces, which naval forces shall respect the water contiguous to the Demilitarized Zone and to the land area of Korea under the military control of the opposing side, and shall not engage in blockade of any kind of Korea.3The DPRK is bound under the AA to respect waters contiguous to the islands as ROK waters, but the international norm of the time, 3 nautical miles, has since become 12 nautical miles. Regardless, the NLL reserves for the ROK waters that go beyond the definition of contiguous, using either the 3-or 12-nautical-mile norms.The right of the DPRK to dispute the NLL has been disputed. Roehrig argues that the DPRK did not lodge a formal protest until 1973, and cites the Agreement on Reconciliation, Nonaggression, and Exchanges and Cooperation between South and North Korea.4 Article 11 of the agreement stipulates: The South-North demarcation line and the areas for nonaggression shall be identical with the Military Demarcation Line provided in the Military Armistice of July 27, 1953, and the areas that each side has exercised jurisdiction over until the present time.5Article 11 of the 1991 North-South Joint Declaration does not necessarily mean that the DPRK has lost the legal right to dispute the NLL. DPRK could plausibly argue, due to the ambiguity of the Article 15 of the AA, that it has been prevented from exercising its full jurisdiction over its own territorial waters. From 1953 to 1973, however, the DPRK failed to take clear action where the NLL was concerned. may not have been from acquiescence to the state of affairs as they were so much as acknowledgment of its weaker position in the aftermath of the Korean War. renewed aggression in 1973 was instigated in the hope of achieving a peace agreement with the U.S.,6 encouraged by the withdrawal from Vietnam.7 objective may also have driven the 1999 and 2002 clashes, with the DPRK applying pressure while simultaneously proposing negotiations with the U.S.8 differing positions of the U.S. and ROK on the NLL render it a useful area that the DPRK can exploit in an attempt to weaken their diplomatic relations.9It has been customary for the ROK and supporters of the NLL to argue that its compliance with the median line principle, commonly used in settling disputed maritime areas, makes it legal. Experts in the law however, have written that the NLL breaches a number of UNCLOS articles. Van Dyke, Valencia and Garmendia, using case studies, demonstrate that the median line principle does not mean the NLL complies with UNCLOS. Most striking is Article 76, which proclaims that states can't use straight baselines to cut offthe territorial seas of other states. …
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