Maritime boundary

The terms boundary, frontier and border are often used as if they were interchangeable, but they are also terms with precise meanings.Prescott, John Robert Victor. (2008). {{Google books|r4FJXXciuhsC|International Frontiers and Boundaries: Law, Politics and Geography, p. 11.|page=11}}

A boundary is a line. The terms "frontier", "borderland" and "border" are zones of indeterminate width. Such areas form the outermost part of a country. Borders are bounded on one side by a national boundary.Prescott, {{Google books|r4FJXXciuhsC|p. 12.|page=12}} There are variations in the specific terminology of maritime boundary agreements which have been concluded since the 1970s. Such differences are less important than what is being delimited.Charney, {{Google books|RN0GnOcw0McC|Vol. V, p. 3288.|page=3288}}

Features that affect maritime boundaries include islands and the submerged seabed of the continental shelf.

The process of boundary delimitation in the ocean encompasses the natural prolongation of geological features and outlying territory. The process of establishing "positional" borders encompasses the distinction between previously resolved and never-resolved controversies.Koo, Min Gyu. (2010). {{Google books|8Ac9hLAES18C|Disputes and Maritime Regime Building in East Asia, p. 2 |page=2}} citing Friedrich V. Kratochwil, Paul Rohrlich, Harpreet Mahajan. (1985). [https://www.worldcat.org/oclc/12550771 Peace and disputed sovereignty,] p. 20.

The limits of maritime boundaries are expressed in polylines and in polygon layers of sovereignty and control,VLIZ, [http://www.vliz.be/vmdcdata/marbound/index.php Intro] calculated from the declaration of a baseline. The conditions under which a state may establish such baseline are described in the United Nations Convention on the Law of the Sea (UNCLOS). A baseline of a country can be the low water line, a straight baseline (a line that encloses bays, estuaries, inland waters,...) or a combination of the two.

Maritime spaces can be divided into the following groups based on their legal status:

• Maritime spaces under the sovereignty and authority (exercising power) of a coastal State: internal waters, territorial sea, and archipelagic waters,
• Maritime spaces with mixed legal regime, which fall under both the jurisdiction of the coastal State and under the international law: contiguous zone, the continental shelf and the exclusive economic zone, and
• Maritime spaces that can be used by all States (including land-locked ones) on an equal basis: high seas. 

While many maritime spaces can be classified as belonging to the same group, this does not imply that they all have the same legal regime. International straits and canals have their own legal status as well.capt. Enchev, V. (2012), Fundamentals of Maritime Law {{ISBN|978-954-8991-69-8}}

The zones of maritime boundaries are expressed in concentric limits surrounding coastal and feature baselines.

• Inland waters—the zone inside the baseline.
• Territorial sea—the zone extending 12 nautical miles (nm) from the baseline.
• Contiguous zone—the area extending 24 nm from the baseline.
• Exclusive Economic Zone—the area extending 200 nm from the baseline except when the space between two countries is less than 400 nm.

In the case of overlapping zones, the boundary is presumed to conform to the equidistance principle or it is explicitly described in a multilateral treaty.

Contemporary negotiations have produced tripoint and quadripoint determinations. For example, in the 1982 Australia–France Marine Delimitation Agreement, for the purposes of drawing the treaty's equidistant lines it was assumed that France has sovereignty over Matthew and Hunter Islands, a territory that is also claimed by Vanuatu. The northernmost point in the boundary is a tripoint with the Solomon Islands. The boundary runs in a roughly north–south direction and then turns and runs west–east until it almost reaches the 170th meridian east.Anderson, Ewan W. (2003). {{Google books|E7-menNPxREC|International Boundaries: A Geopolitical Atlas, pp. 60–61, 64|page=60}}; Charney, Jonathan I. et al. (1993). International Maritime Boundaries, Vol. 1, p. 905; Charney, (1998). {{Google books|o5ft2DfBJcIC| Vol. 2, pp. 1185–1194.|page=1185}}

{{Main|List of countries and territories by maritime boundaries}}

The concept of maritime boundaries is a relatively new concept. The historical record is a backdrop for evaluating border issues.Koo, {{Google books|8Ac9hLAES18C|p. 10.|page=10}} The evaluation of historic rights are governed by distinct legal regimes in customary international law, including research and analysis based on

• acquisition and occupationJagota, S. P. {{Google books|7H59YEj-zC0C|Maritime Boundaries, p. 183.|page=183}}
• the existence of rights ipso facto and ab initio.

The study of treaties on maritime boundaries is important as (a) as a source of general or particular international law; (b) as evidence of existing customary law; and (c) as evidence of the emerging development of custom.Jagota, S. P. {{Google books|7H59YEj-zC0C|Maritime Boundaries, p. 69.|page=69}} The development of "customary law" affects all nations.

The attention accorded this subject has evolved beyond formerly-conventional norms like the three-mile limit.

{{Main|List of maritime boundary treaties}}

Multilateral treaties and documents describing the baselines of countries can be found on the website of the United Nations.

For example, the Australia–France Marine Delimitation Agreement establishes ocean boundaries between Australia and New Caledonia in the Coral Sea (including the boundary between Australia's Norfolk Island and New Caledonia). It consists of 21 straight-line maritime segments defined by 22 individual coordinate points forming a modified equidistant line between the two territories.

{{Main|List of territorial disputes}}

Controversies about territorial waters tend to encompass two dimensions: (a) territorial sovereignty, which are a legacy of history; and (b) relevant jurisdictional rights and interests in maritime boundaries, which are mainly due to differing interpretations of the law of the sea.Ji Guoxing. (1995). [http://escholarship.org/uc/item/7rq2b069 "Maritime Jurisdiction in the Three China Seas," p. 3], UC Berkeley: UC Institute on Global Conflict and Cooperation; retrieved 15 November 2010. An example of this may be reviewed in the context of the ongoing Kuwait-Iraq maritime dispute over the Khawr Abd Allah waterway.

Many disputes have been resolved through negotiations,Chris Carleton et al. (2002). {{Google books|weMB1l9dYPUC|Developments in the Technical Determination of Maritime Space, p. 43.|page=43}}; excerpt, "By far the preferred method of handling disputes among states, including those related to maritime boundaries, is through bilateral negotiations. In contrast to other methods, negotiations may be regarded as a universally accepted means...." but not all of them.

File:Map of Korean maritime border.svg between North and South Korea in the West Sea:Ryoo, Moo Bong. (2009). [https://web.archive.org/web/20111112202918/http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA500904&Location=U2&doc=GetTRDoc.pdf "The Korean Armistice and the Islands,"] p. 13 or p. 21.. Strategy research project at the U.S. Army War College; retrieved 26 November 2010.

{{Color box|blue|border=darkgray}} A: Northern Limit Line, created by the United Nations in 1953[https://www.reuters.com/article/idUSTRE6AM2O820101123 "Factbox: What is the Korean Northern Limit Line?"] Reuters (UK). 23 November 2010; retrieved 26 November 2010.

{{Color box|red|border=darkgray}} B: "Inter-Korean MDL in the Yellow Sea", declared by North Korea in 1999[http://english.peopledaily.com.cn/200211/21/eng20021121_107188.shtml "NLL—Controversial Sea Border Between S.Korea, DPRK, "] People's Daily (PRC), 21 November 2002; retrieved 26 November 2010.

The locations of specific islands are reflected in the configuration of each maritime boundary, including:

{{ordered list|Yeonpyeong Island|Baengnyeong Island|Daecheong Island}}

Other map features:

{{ordered list|start=4|Jung-gu (Incheon Intl. Airport)|Seoul|Incheon|Haeju|Kaesong|Ganghwa County|Bukdo Myeon|Deokjeokdo|Jawol Myeon|Yeongheung Myeon}}

]]

Among the array of unsettled disputes, the maritime borders of the two Koreas in the Yellow Sea represent a visually stark contrast.

{{Further|Northern Limit Line}}

A western line of military control between the two Koreas was unilaterally established by the United Nations Command in 1953.Elferink, Alex G. Oude. (1994). {{Google books|x-VYb-wida8C|The Law of Maritime Boundary Delimitation: a Case Study of the Russian Federation, p. 314.|page=314}}Kim, Kwang-Tae. [http://www.time.com/time/world/article/0,8599,2032789,00.html#ixzz16AytHQUq "After Exchange of Fire, N. Korea Threatens More Strikes on South,"] {{webarchive|url=https://web.archive.org/web/20101126232614/http://www.time.com/time/world/article/0,8599,2032789,00.html |date=26 November 2010 }} Time (US). 23 November 2010. Although the North asserts a differently configured boundary line, there is no dispute that a few small islands close to the North Korean coastline have remained jurisdiction of the United Nations since 1953.Ryoo, OMB Form No. 0704-0188 (at [https://web.archive.org/web/20111112202918/http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA500904&Location=U2&doc=GetTRDoc.pdf PDF-p. 3]).

The map at the right shows the differing maritime boundary lines of the two Koreas. The ambits of these boundaries encompass overlapping jurisdictional claims.Ryoo, pp. 13-15 (at [https://web.archive.org/web/20111112202918/http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA500904&Location=U2&doc=GetTRDoc.pdf PDF-pp. 21-23]). The explicit differences in the way the boundary lines are configured is shown in the map at the right.

In a very small area, this represents a unique illustration of differences in mapping and delineation strategies.

• On one hand, the boundary line created by the United Nations ("A") reflects the geographic features of the coastal baseline.
• On the other hand, while the boundary line declared by North Korea does acknowledge specific non-DPRK island enclaves, its "Military Demarcation Line" in the ocean ("B") is essentially a straight line.

Violent clashes in these disputed waters include what are known as the first Yeonpyeong incident, the second Yeonpyeong incident, and the Bombardment of Yeonpyeong.Kim, Kwang-Tae. [http://www.time.com/time/world/article/0,8599,2032789,00.html#ixzz16AytHQUq "After Exchange of Fire, N. Korea Threatens More Strikes on South,"] {{webarchive|url=https://web.archive.org/web/20101126232614/http://www.time.com/time/world/article/0,8599,2032789,00.html |date=26 November 2010 }} Time (US). 23 November 2010

• List of countries and territories by land and maritime borders
• List of political and geographic borders
• Exclusive Economic Zone
• Arctic Cooperation and Politics
• Territorial claims in the Arctic
• International Seabed Authority
• Beagle Channel Arbitration
• South Pacific Applied Geoscience Commission
• International Court of Justice
• Jurisdiction of the International Court of Justice
• Permanent Court of Arbitration

{{Reflist}}

• Anderson, Ewan W. (2003). International Boundaries: A Geopolitical Atlas. Routledge: New York. {{ISBN|978-1-57958-375-0}}; [https://www.worldcat.org/oclc/54061586 OCLC 54061586]
• Carleton, Chris; Shelagh Furness and Clive Schofield. (2001). Developments in the Technical Determination of Maritime Space: Delimitation, Dispute Resolution, Geographical Information Systems and the Role of the Technical Expert. Durham, UK: IBRU. {{ISBN|978-1-897643-47-1}}; [https://www.worldcat.org/oclc/248943759 OCLC 248943759]
• Charney, Jonathan I., David A. Colson, Robert W. Smith. (2005). International Maritime Boundaries, 5 vols. Leiden: Martinus Nijhoff Publishers. {{ISBN|978-0-7923-1187-4}}; {{ISBN|978-90-411-1954-4}}; {{ISBN|978-90-411-0345-1}}; {{ISBN|978-90-04-14461-3}}; {{ISBN|978-90-04-14479-8}}; [https://www.worldcat.org/oclc/23254092 OCLC 23254092]
• Elferink, Alex G. Oude, (1994). The Law of Maritime Boundary Delimitation: a Case Study of the Russian Federation. Dordrecht: Martinus Nijhoff. {{ISBN|978-0-7923-3082-0}}; [https://www.worldcat.org/oclc/123566768 OCLC 123566768]
• Jagota, S. P. (1985). Maritime Boundary. Martinis Nijhoff: Dordrecht. {{ISBN|978-90-247-3133-6}}; {{ISBN|978-90-247-2616-5}}; [https://www.worldcat.org/oclc/11756409 OCLC 1175640]
• Koo, Min Gyu. (2010). Disputes and Maritime Regime Building in East Asia. Dordrecht: Springer. {{ISBN|978-1-4419-6223-2}}; [https://www.worldcat.org/oclc/626823444 OCLC 626823444]
• Kratochwil, Friedrich V., Paul Rohrlich, Harpreet Mahajan. (1985). Peace and Disputed Sovereignty. Lanham, Maryland: University Press of America. {{ISBN|978-0-8191-4953-4}}; {{ISBN|978-0-8191-4954-1}}; [https://www.worldcat.org/oclc/12550771 OCLC 12550771]
• Prescott, John Robert Victor and Gillian D. Triggs. (2008). International Frontiers and Boundaries: Law, Politics and Geography. Leiden: Martinus Nijhoff. {{ISBN|978-90-04-16785-8}}; [https://www.worldcat.org/oclc/212375790 OCLC 212375790]
• __________. (1985). The Maritime Political Boundaries of the World. London: Methuen. {{ISBN|978-0-416-41750-0}}; [https://www.worldcat.org/oclc/12582178 OCLC 12582178]
• Valencia, Mark J. (2001). Maritime Regime Building: Lessons Learned and Their Relevance for Northeast Asia. The Hague: Martinus Nijhoff. {{ISBN|978-90-411-1580-5}}; [https://www.worldcat.org/oclc/174100966 OCLC 174100966]

• Donaldson, John and Alison Williams. "Understanding Maritime Jurisdictional Disputes: The East China Sea and Beyond," Journal of International Affairs, Vol. 59, No. 1.

• US Department of State, [https://web.archive.org/web/20090419184417/http://www.state.gov/g/oes/ocns/opa/convention/c16065.htm Limits in the Seas]
• Flanders Marine Institute, [http://www.vliz.be/vmdcdata/marbound/index.php VLIZ Maritime Boundaries Geodatabase]
• [http://legal.un.org/avl/ls/Shaw_BD.html Lecture] by Malcolm Shaw entitled Principles of Maritime Delimitation in the [http://legal.un.org/avl/lectureseries.html Lecture Series of the United Nations Audiovisual Library of International Law]

{{Clear}}

{{Geography country lists}}

{{Authority control}}

{{DEFAULTSORT:Maritime Boundaries}}