MARITIME ZONES OF NORTHEAST ASIA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP08C01297R000200130003-5
• Release Decision: RIFPUB
• Original Classification: C
• Document Page Count: 12
• Document Creation Date: December 27, 2016
• Document Release Date: September 12, 2012
• Sequence Number: 3
• Publication Date: February 9, 1978
• Content Type: MISC

/
Declassified and Approved For Release 2012/11/19: CIA-RDP08001297R000200130003-5 .5
NOT RELEASABLE TO FOREIGN NATIONALS I
E'r?
BURRO Of
111TELLIGEOCE
AllililfSffiliCH
1/
MARITIME-ZONES OF NORTHEAST ASIA-
Summary
The maritime region off Northeast Asia con-
tains areas of existing and potential conflict.
Disputes have arisen for several reasons, includ-
ing 1) sovereignty over certain islands and
2) differing interpretations of international
maritime law.
North Korea's unprecedented August 1977 mil-
itary sea boundary proclamation for the Sea of
Japan and the Yellow Sea is a controversial, but
as yet untested, national claim containing the
seeds for conflict. The decree prohibits all
"innocent passage" within the military sea bound-
ary, a provision contrary to international law.
In the Yellow Sea, the North Koreans have
not published their military sea boundary, leav-
ing the areal extent of possible enforcement by
them in question. The non-promulgation of this
line creates speculation concerning North Korea's
policy on the effect to be given to islands in
determining the maritime boundary with South
Korea.
In addition to North Korea's national claim,
a second problem area in the Sea of Japan involves
1/ This paper, the first in a series of three
INR repots on actual and potential maritime
zones of East Asian states,analyzes the mari-
time zones in the Sea of Japan, Yellow $ea4
and East China Sea. The next two reports will
concentrate on the South China Sea and the Sea
of Okhotsk, respectively. In each report,
emphasis will be given to mapping present and
hypothetical maritime claims and identifying
existing and potential areas of conflict.
CONFIDENTIAL/GDS
Report No. 923
February 9, 1978
Declassified and Approved For Release 2012/11/19: CIA-RDP08001297R000200130003-5
Declassified and Approved For Release 2012/11/19: CIA-RDP08001297R000200130003-5
? ii ?
the sovereignty dispute between Japan and South Korea over
the uninhabited Liancourt Rocks, The major significance of
the rocks lies in the possible influence they may exert on
the delimitation of a mutual continental shelf bOundary.
The People's Republic of China (PRC) in the past few
years has implied its right of jurisdiction over areas esti-
mated to be in excess of 75 percent of the Yellow sand East
China Seas' continental shelf, and it has protested the 1974
Japan-South Korea Joint Development Zone Agreement. The
situation in the East China Sea is further complicated by
the unresolved sovereignty of the Senkakus, a group of
uninhabited islands claimed by Japan, the PRC, and the
Republic of China (ROC). .Moreover, the PRC appears reluc-
tant to talk with the 'other coastal states on these issues.
Underlying solutions of the numerous and varied inter-
national maritime legal issues_in,the East China and Yellow
Seas arethe Taiwan question and the PRC-South Korea polit-
ical relationship,
CONFIDENTIAL/NOT RELEASABLE TO FOREIGN NATIONALS
Declassified and Approved For Release 2012/11/19: CIA-RDP08001297R000200130003-5
A
Declassified and Approved For Release 2012/11/19: CIA-RDP08001297R000200130003-5
Physical Characteristics Of the Northeast Asian Marine Region
The Northeast Asian marine area consists of three semi-
enclosed seas: Sea of Japan, Yellow Sea, and East China Sea.
The Sea of Japan is.bordered by Japan on the east and .south,
the Soviet Union on the ,northwest, and North and South Korea
on the west (see map) .1! It has an area of approximately
390,000 square miles and is the deepest of the three seas,
with depths ranging up to 2,000 fathoms (1,829 meters).
Shallow waters--areas of less than 100 fathoms--are situated
only in the Korean Strait and in narrow. bands, 5-10 144utical
miles wide, adjacent and parallel to the coastlines.
The limits of the Yellow Sea include North and South
Korea on the east, the People's Republic of China on the
north and west, Pohai Bay on the northwest, and the East China
Sea on the south. For the purposes of this study the 33?17'
north parallel from Saisyu-to (Quelpart Island) to the main-
land marks the division between the YelloT4 and East China Seas.
Unlike the Sea of Japan, the Yellow Sea constitutes a shallow
water body with depths that average 30 fathoms (55 meters)
and do not exceed 70 fathoms (125 meters). The name (Hwang
Hai) derives from masses of clayey soil eroded from the north-
west regions of China and carried southward into the sea. The
Yellow River deposits into the Sea an estimated 15,000 million
cubic yards of sediment each year.
1/ All lines depicted on the attached map are hypothetical
lines except for the japan-South Korea Continental Shelf
Boundary and Joint Development Zone and North Korea's
Sea of Japan Economic Zone limit.
It should be noted that
map title which states,
necessarily reflect the
or necessarily those of
serve only as a general
a disclaimer is printed below the
in part, that "these lines do not
United States Government position
the states involved. The map should
reference document."
2/ All mileages in this study are nautical miles
? (1 n.m. = 6,076 ft.).
CONFIDENTIAL/NOT RELEASABLE TO FOREIGN NATIONALS
Declassified and Approved For Release 2012/11/19: CIA-RDP08001297R000200130003-5
Declassified and Approved For Release 2012/11/19: CIA-RDP08001297R000200130003-5
2
The East China Sea is surrounded by the PRC on the west,
the Republic of China on the south, and Japan (Ryukyu
Islands) on the south and east.
The East China Sea and the Yellow Sea together cover an
area of approximately 650,000 square miles. The western two-
thirds of the two seas contain depths of less than 100
fathoms. The water gradually deepens in the southeast, where
the 100-fathom isobath marks the beginning of the Okinawa
Trough. The Trough, a submarine feature with depths of up
to 1,500 fathoms (2,700 meters), is situated to the west of
the Ryukyu Islands and is as much as 100 miles wide and
400 miles long.
Prior to 1968 little was known geologically about the
Northeast Asian marine region. That year, a United Nations
offshore geophysical surveying program found that the East
China and Yellow Seas are underlain by a series of nearly
parallel ridges, each of which has served as a dam to trap
thick sediments. These sediments may contain potentially rich
petroleum deposits. Geomorphologically, this submarine area
is the seaward extension of the Asian continental mass. This
factor may have legal significance which might strengthen the
PRC's claim that the continental shelf off its shores consti-
tutes the "natural prolongation" of its mainland territory.
A 1969 ECAFE2/ report concluded: "A high probability
exists that the continental shelf between Taiwan and Japan
may be one of the most prolific 'oil reservoirs in the world."
This report triggered a wave of interest among petroleum
companies and littoral states. Consequently, Japan, South
Korea, and the ROC Unilaterally established concession areas
that stretch in an unbroken, but overlapping, chain from the
North Korea-South Korea border in the Yellow Sea to the south-
ern tip of Taiwan. Oil exploration has occurred throughout
the shallow East China and Yellow Seas. Virtually no petro-
leum exploratory work has been conducted in the deeper Sea of
Japan.
Maritime Claims
The maritime claims of the countries of this region are
summarized in the attached table. Currently, four states
(PRC, Japan, North Korea, USSR) claim a 12-mile territorial
3/ Economic Commission for Asia and the Far East, a United
Nations organization.
CONFIDENTIAL/NOT RELEASABLE TO FOREIGN NATIONALS
Declassified and Approved For Release 2012/11/19: CIA-RDP08001297R000200130003-5
Declassified and Approved For Release 2012/11/19: CIA-RDP08001297R000200130003-5
? 3 ?
5 sea while two (ROC, South Korea) maintain 3-mile territorial
seas.-! On December 31, 1977, South Korea's National Assembly
passed legislation to extend the territorial sea limit to 12
miles, which Will be enforced in early 1978. Three countries
presently claim 200-mile fishery zones (Japan, North Korea,
USSR) and three maintain a 12-mile limit (PRC, ROC, South
Korea). Within the next year, however, all these states
will likely claim 200-mile fishery or exclusive economic
zones. North Korea is the only country of the region
presently claiming a 200-mile economic zone.
Following is a summary of the various governments'
maritime claims.
China
A. People's Republic of China (PRC)
Territorial Sea: 12 miles--Declaration on Terri-
torial Sea, September 4, 1958. Not party to the
1958 Geneva Convention on the Territorial Sea and
Contiguous Zone.
Fishing Zone: 12 miles.
Continental Shelf: No specific legislation. Not
party to the 1958 Geneva Convention on the Con-
tinental Shelf.
Straight Baselines: Declaration on Territorial
Seas, September 4, 1958.
Comment: The PRC has not specified a claim to its
continental shelf. However, a number of statements
by the Chinese have implied that the PRC claims a
continental shelf area that encompasses a substan-
tial portion of the Yellow and East China Seas. In
early 1973 a PRC Foreign Affairs Ministry statement
protested offshore drilling operations conducted by
US oil companies in the Yellow and East China Seas
under the auspices of the South Korean Government.
While the drilling was on the South Korean side of
4/ The United States claims a 3-mile territorial sea and has
publicly stated its willingness to accept a 12-mile terri-
torial sea limit only within the context of a comprehen-
sive and acceptable Law of the Sea treaty.
CONFIDENTIAL/NOT RELEASABLE TO FOREIGN NATIONALS
Declassified and Approved For Release 2012/11/19: CIA-RDP08001297R000200130003-5
Declassified and Approved For Release 2012/11/19: CIA-RDP08001297R000200130003-5
? 4 ?
a hypothetical equidistant line between South Korea
and the PRC, Peking claimed that the drilling
activity was a "new step taken...to grab China's
coastal seabed resources."
Following the Japan-South Korea 1974 continen-
tal shelf agreement establishing a joint development
zone in the East China Sea, China protested, stating
in-part that this agreement was "an infringement on
China's sovereignty which the Chinese Government
absolutely cannot accept." The joint development
Zone is situated on the Japanese side of a hypothet-
ical equidistant line between Japan and the PRC.
B. Republic of China (ROC)
Territorial Sea: 3 miles--1930. Not party to the
1958 Geneva Convention on the Territorial Sea and
Contiguous Zone.
Fishing Zone: 12 miles.
Continental Shelf: No specific legislation. The
ROC ratified the 1958 Geneva Convention on the Con-
tinental Shelf on October 12, 1970. The ratifica-
tion included a reservation to Article 6 regarding
the delimitation of the continental shelf..
Japan
Territorial Sea: 12 miles--Law No. 30, May 2, 1977;
entered into force July 1, 1977. A 1-mile territor-
ial sea limit still applies in the following inter-.
national straits: Soya, Tsugaru, Tsushima (Eastern
and Western Channels), and Osumi. Party to the 1958
Geneva Convention on the Territorial Sea and Contigu-
ous Zone.
Fishing Zone: 200 miles?Law No. 31, May 2, 1977;
entered into force July 1, 1977. Certain provisions
relating to the area of the fishing zone are found
in Cabinet Order No. 211 of June 17, 1977.
Continental Shelf: No specific legislation. Not
party to the 1958 Geneva Convention on the Continen-
tal Shelf.
CONFIDENTIAL/NOT RELEASABLE TO FOREIGN NATIONALS
Declassified and Approved For Release 2012/11/19: CIA-RDP08001297R000200130003-5
5
"4
Declassified and Approved For Release 2012/11/19: CIA-RDP08001297R000200130003-5
- 5 -
Internal Waters: Closing lines to the Inland Sea
were published in Law No. 30, May 2, 19771 and
Cabinet Order No. 209, June 17, 1977.
Democratic People's Republic of Korea (North Korea)
Territorial Sea: 12 miles. Not party to the 1958
Geneva Convention on the Territorial Sea and Con-
tiguous Zone.
Fishing Zone. 200 miles--Proclamation of August 1,
1977.
Exclusive. Economic Zone: 200 miles--proclamation
of August 1, 1977
Continental Shelf: No specific legislation. Not
party to the 1958 Geneva Convention on the Continen-
tal Shelf.
Other: 50.-tile Military Sea Boundary-7-Proclamation
of August I, 1977.
Comment: North Korea is the first country in the
region to establish an exclusive economic zone. The
specific limits of the zone in the Yellow Sea have
not been published; in the Sea of Japan, the North
Korean-claimed economic zone limit overlaps all
hypothetical equidistant lines developed between
North Korea and neighboring countries.
The most controversial national claim in the
region is North Korea's military sea boundary, which
extends 50 miles into the Sea of Japan and to the
limit of the economic zone in the Yellow Sea. Within
the military sea boundary, according to the North
Korean announcement, "acts of foreigners, foreign
military vessels or foreign Military planes are pro-
hibited and civilian ships and civilian planes--
excluding fishing boats--are allowed to navigate or
fly only with appropriate prior agreement or
approval."
In the Sea of Japan the North Koreans have
apparently drawn a closing line across Tongjosan-Man
from which the 50-mile military sea boundary is
measured. It is possible that the North Koreans
_CONFIDENTIAL/NOT RELEASABLE TO FOREIGN NATIONALS
Declassified and Approved For Release 2012/11/19: CIA-RDP08001297R000200130003-5
Declassified and Approved For Release 2012/11/19: CIA-RDP08001297R000200130003-5
- 6 -
consider the waters landward of this line as internal
waters, and will claim the line as their baseline
from which the 12-mile territorial sea limit is
measured.
Republic of Kbrea (South Korea)
Territorial Sea: 3 miles. Not party to the 1958
Geneva convention on the Territorial Sea and Con-
tiguous Zone.
Fishing Zone: 12 miles.
Continental Shelf; No specific claim; a Presiden-
tial Proclamation of January 18, 1952, 'claimed the
right "to reserve, protect, conserve, and utilize
the resources and natural wealth of all kinds that
may be found on, in, or under the said seas." Not
party to the 1958 Geneva Convention on the Contin-
ental Shelf.
Union of Soviet Socialist Republics (Soviet Union)
Territorial Sea: 12 miles--Decree of June 15, 1927,
and Statute for the Protection of the USSR, August 5,
1960. Party to the 1958 Geneva Convention on the
Territorial Sea and Contiguous Zone with a
reservation.
Fishing Zone-: 200 miles--December 10, 1976, Decree
of the Presidium of the USSR Supreme Soviet; entered
into force March 1, 1977.
Continental Shelf: A 1968 Decree of the Supreme
Soviet defined the continental shelf in terms of the
1958 Geneva Convention on the Continental Shelf, to
which the Soviet Union became party on November 20,
1960. Article 1 of the Convention defines the
continental shelf as "the seabed and subsoil of the
submarine area adjacent to the coast but outside the
area of the territorial sea, to a depth of 200 meters,
or beyond that limit, to where the depth of the
superjacent waters admits of the exploitation of the
natural resources of the said areas."
Internal Waters: A Soviet text on international
law mentions the Gulf of Riga and the Sea of Azov as
historic bays and categorizes the Kara Laptev,
CONFIDENTIAL/NOT RELEASABLE TO FOREIGN NATIONALS
Declassified and Approved For Release 2012/11/19: CIA-RDP08001297R000200130003-5
iT
r.nmmirrvommTAT
Declassified and Approved For Release 2012/11/19: CIA-RDP08001297R000200130003-5
?7-.
East Siberia, Chukchi, and Okhotsk Seas as "claimed"
seas.. The USSR has claimed Peter the Great Bay as
internal waters since 1957.
Identification of potential Conflict Areas
Sea of Japan. There are two potential conflict areas
in the Sea of Japan: North Korea's military sea boundary
and economic zone, and Liancourt Rocks. The North Korean
50-mile mil-itary sea boundary is an unprecedented claim.
In recent fisheries talks, the North Koreans refused to per-
mit the Japanese to fish inside the military boundary. All
"innocent passage" is prohibited within the military bound-
ary, a provision contrary to international law. A vast
majority of states, including the United States, maintain in
accordance with international law that beyond a narrow
territorial sea1 freedom of navigation is the rule.
The North Korean economic zone limits in the Sea of
Japan are defined by four sets of coordinates which, when
connected, form a trapezoid. As will be noted on the
attached map, this economic zone limit overlaps the hypo-
thetical equidistant lines between North Korea and 1) the
USSR, 2) Japan, and 3) South Korea. It is expected that,
if they have not already done so, all three of these coun-
tries will protest the delimitation of this zone.
The Other problem area in the Sea of Japan involves the
sovereignty dispute between Japan and South Korea over
Liancourt Rocks./ Owing to their location, Liancourt Rocks
would significantly alter the course of an equidistant line
if they Were given full effect. Approximately 16,000 square
nautical miles remain to be delimited between Japan and
South Korea in this area of rather deep water (460 meters
to 3,000 meters).-?!
Yellow Sea. A possible source of conflict in the
Yellow Sea is the five-island group to the west of the
Korean peninsula. According to the 1953 Military Armistice
5/ Other names for Liancourt Rocks are: Take-shima (in
Japanese) and Dak-Do or Tok-Do (in Korean).
6/ For an analysis of the existing Japan-South Korea
Continental Shelf Boundary and Joint Development Zone,
see Limits in the Seas No. 75, Office of the Geographer,
Department of State.
CONFIDENTIAL/NOT RELEASABLE TO FOREIGN NATIONALS
Declassified and Approved For Release 2012/11/19: CIA-RDP08001297R000200130003-5
Declassified and Approved For Release 2012/11/19: CIA-RDP08001297R000200130003-5
- 8 -
Agreement in Korea, the following five islahd groups were to
remain under the control of the United Nations Command:
Paengnyong-Do,Taechang-Do, Sochong-Do, Yonpyong-Do, and
U-Do. North Korea has charged in recent years that military
garrisons on these islands are a threat to North Korean
security. North Korea has not released specific coordinates
on the limits of its economic zone in the Yellow Seal non-
promulgation creates speculation concerning North Korea's
policy on the effect to be given to these islands in determin-
ing the maritime boundary with South Korea. ,
The attached map depicts the hypothetical boundary in
this area as an equidistant boundary giving full effect to
the islands as South Korean. It should be noted that even
giving these islands full effect for South Korea may be a
cause of concern for South Korea. Owing to the geographical
configuration of the coasts, the hypothetical equidistant
line follows a course that places the North Korean economic
zone/military sea zone in the navigational route of South
Korean ships traveling to Sochong-Do, Taechong-Do, and
Paengnyong-Do.
In addition to a possible North Korea-South Korea con-
frontation in the Yellow Sea is a potential for conflict
stemming from Peking's implied claim to parts of the conti-
nental shelf in this region.
East China Sea. Four issues in the East China Sea
create a basis for potential conflict: the PRC's continen-
tal shelf claim, the Japan-South Korea Joint Development
Zone, the Senkaku Islands dispute, and the Taiwan question.
The first two issues are related. As of June 1977, both
Japan and South Korea had ratified their Joint Development
Zone agreement,. thereby resolving an existing continental
shelf dispute-1/ The total area of this zone is approximately
24,092 square nautical miles. The PRC, which has never
specified its continental shelf claim, has denounced the Joint
Development Zone agreement. It can be inferred from various
Chinese statements that the PRC shelf claim based on "natural
prolongation" would involve at least one-half the area
encompassed by the Japan-South Korea Joint Development Zone.
The Senkakus, a group of tiny uninhabited islands, are
situated in the southern part of the East China Sea, approx-
7/ Ratifications will not be exchanged until Japan passes
implementing legislation.
CONFIDENTIAL/NOT RELEASABLE TO FOREIGN NATIONALS
Declassified and Approved For Release 2012/11/19: CIA-RDP08001297R000200130003-5
fr
C014FIDENTIAL.-
Declassified and Approved For Release 2012/11/19: CIA-RDP08001297R000200130003-5
-
imately 100 miles northeast of Taiwan. Following the 1968
discovery of oil potential on the continental shelf near the
islands, a dispute over the islands' sovereignty developed
between Japan and the ROC. In 1970. the PRC also advanced
claims to these islands.
The importance of the Senkakus rests as much on the
value assigned to the islands in delimiting the continental
shelf as it does on sovereignty over them. There are no
clear,-cut principles in, international law which dictate how
islands such as these should be treated in delimiting a
maritime boundary .Y
The geological continental shelf abruptly ends, and
water depths rapidly increase, a short distance east and
south of the Senkakus. Approximately 40 miles southeast of
the islands the waters reach a depth of more than 2,700
meters, the deepest part of the .submarinetrench that sepa-
rates the Senkakus and the East ChinalSea 4e6logical con-
tinental shelf from the Ryukyus. This trench constitutes
a basis on which the PRC could claim that the Senkakus
"sit" on Chinese continental shelf and are physically
detached from the Ryukyus.2/-
The final basis for conflict in the East China Sea is
the existence of the two rival Chinese governments in
Peking and Taipei. Although they have controlled separate
parts of China for 28 years, each still claims to be the
legitimate government of allof China. No delimitation has
ever been made between their respective areas of Control in
the Taiwan Strait, which they both claim as Chinese terri-
torial waters. The PRC and the ROC have advanced essentially
the same claims vis-a-vis other states.
Prepared by R. W. Smith
x22250
Approved by R. D. Hodgson
x21428
SUBJECT TO DECLASSIFICATION SCHEDULE
E.O. 11652: DECLASSIFIED 12-31-84
(Classified by R. D. Hodgson)
8/ For a more detailed study on the Senkakus, see INR
Research Study RGES-6,"Effect of the Senkakus on the
Division of the East China Sea Continental Shelf,"
October 27, 1970 (CONFIDENTIAL/NO FOREIGN DISSEM).
9/ On the attached map the hypothe-tical equidistant line
gives the Senkakus full effect as Japanese territory.
CONFIDENTIAL/NOT RELEASABLE TO FOREIGN NATIONALS
Declassified and Approved For Release 2012/11/19: CIA-RDP08001297R000200130003-5
Country.
Declassified and Approved ForRelease2012/11/19 : CIA-RDP08001297R000200130003-5
UMWIDENTIAL
- 10 -
MARITIME CLAIMS OF NORTHEAST ASIAN COUNTRIES
as of January 1, 1978
(Distances in Nautical Miles)
Terri- Eco-
torial Fishing nomic Internal Continental
Sea Limit Zone Waters1/ Shelf
China
PRC 12 12 X
ROC 3 12
Japan 12 200 X
Korea (North) 12 200 200
Korea (South) 3 12 Special
Claim
,
USSR 12 200 X 200 Meters
(Depth)
1/ Straight baselines/historic closing lines.
2/ With reservations to Article 6.
3/ With a statement.
4/ With a reservation.
Other
50-Mile
Military
Sea Boundary
Party to 1958:.
Continental Territorial Sea
Shelf Convention Convention
CONFIDENTIAL/NOT RELEASABLE TO FOREIGN NATIONALS
No
/
Yes-
2
No
No
Yes
Declassified and Approved For Release 2012/11/19: CIA-RDP08001297R000200130003-5
No
No
3/
Yes?
No
Yes