Tensions and frictions are rising with neighboring countries in relation with securing maritime territories and implementing maritime policies reflect self-interest since the enforcement of the UN Convetion on the Law of the Sea.
There is maritime boundary delimitation problem between Korea, China, and Japan because they are unable to enjoy the 200-nautical Exclusive Economic Zone(EEZ) stipulated in the 3rd UN Convention on the Law of the Sea due to their narrow distance. Only fishing agreements are currently incomplete between the three countries.
Korea is preparing for various cases with strengthening maritime security activities for its maritime jurisdictional waters; such as negotiations with neighboring countries about on the maritime boundary delimitation or referral to the International Courts, and the same goes for China and Japan.
In the West Sea, Korea and China signed a Korea-China Fisheries Agreement to protect fish resources before delimitating the EEZ, setting up interim measures zone between Korea and China, but the number of domestic fishing days has decreased and indiscriminated fishing of Chinese ships is depleting fish resources.
Even Korea actively responds to the movements of neighboring countries and conducts strategic delimitated water patrols, there is a limit to guarding large waters with limited guard ships, Wide-area maritime patrols using fixed-wing aircraft also have a practical problem in that only 20% of the Korea-China interim measures zone in the West Sea can be patrolled due to opposition from China beacause of KADIZ and FIR set up in the West Sea.
Although Air Defense Identification Zones(ADIZ) are unfounded under international law, and Flight Information Zones(FIR) are also systems only to provide information and services for civilian aircraft, China has explicitly shown its intention to govern airspace over the 200nautical miles Exclusive Economic Zone after the enforcement of the UN Convention on the Law of the Sea.
The delimitation of maritime boundary is determined by agreement between countries under the UN Convention on the Law of the Sea, otherwise referred to international courts such as ICJ, and recent precedents have become common in the three stages of reviewing the equity of results and adjustments reflecting special considerations after temporary selection according to the intermediate line principle.
It is fortunate that Korea insists on the intermediate line principle in the West Sea, but considering that EEZ is a system that started from fishing problems, it is necessary to understand China's argument and actively respond.
In this paper, the following proposals are presented as solutions; conduct continuous patrols in the Korea-China interim measures zone with additional deployment of larger guard ships, establish ground for strengthening domestic legal system for undelimitated waters, and use WIG SHIPS classified as ships to patrol to avoid affecting of ADIZ and FIR.
And finally, in a long-term perspective, it is necessary to respond to the delimitation of maritime boundary by allowing Korean aircraft to patrol undelimitated waters through the adjustment of KADIZ and FIR.