Hyun Jung Kim

Hyun Jung Kim is an Associate Professor at the Department of Political Science and International Studies at Yonsei University (Republic of Korea). Her main research fields are law of the sea and interrelations between international law and domestic law. She published articles in Korean, English and French. She holds a Doctorate in Law (Summa Cum Laude ) from the University of Paris I Panthéon-Sorbonne, LL.M.s (University of Paris I Panthéon-Sorbonne and Korea University), and LL.B. (Korea University). She was awarded special prix (mention spéciale) in Suzanne Bastid’s PhD Thesis Competition 2013 by the French Society of International Law.

Designation: Yonsei University, Department of Political Science and International Studies
Institution: Yonsei University, Department of Political Science and International Studies
Paper: Joint Development of the Continental Shelf between Korea and Japan: From Meaninglessness to Meaningfulness
Abstract: ‘The Agreement between the Republic of Korea and Japan concerning Joint Development of the Southern Part of the Continental Shelf Adjacent to Two Countries’ of 30 January 1974 drew a great attention globally at the moment of its conclusion as one of the first joint development efforts between neighboring states. In contrast, the real objective of this Agreement – joint development – has remained far from being achieved. Unlike what two states initially intended, joint development in accordance with this agreement has been hardly carried out. We are at the moment to reconsider how to revitalize continental shelf exploration/exploitation under the Agreement. This paper aims to find possible legal/political solutions to change a meaningless joint development zone into a meaningful one. For this purpose, this paper focuses on Article 29 of the Agreement: “Upon the request of either Party, the Parties shall hold consultations regarding the implementation of this Agreement.” The obligation to consult is a key element for successful ‘joint’ development; however, phrased in general terms, its contents remain unclear. This paper will clarify the contents of the obligation to consult according to means of interpretation under international law. This paper will argue that the obligation to consult needs to be interpreted not only in the light of its original purpose, but also by taking into account evolution of the terms used in the Agreement over time."