주요 해양국가의 수역별 해양관할권 제도 (The Maritime Jurisdictional Systems of the Major Maritime Countries)

서지정보

· 발행기관 : 백산학회
· 수록지 정보 : 백산학보 / 87호 / 249 ~ 289페이지
· 저자명 : 이석우, 신창훈, 박영길

초록

This paper explores the maritime jurisdictional systems of five major maritime countries: the United States, Iceland, Australia, China and Japan, in the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf. The reason these five states were chosen for this research, are as follows: (1) The United States, though not having ratified the 1982 UN Convention on the Law of the Sea (UNCLOS), has exerted a large influence on the international maritime legal system through numerous domestic and international practices. (2) Iceland has made every effort to secure and extend its maritime jurisdiction. (3) Australia is one of the states that has taken the lead in managing its maritime jurisdiction efficiently by concluding bilateral agreements with neighboring states. (4)The legal systems and policies of China and Japan may exert a direct influence on Korea’s maritime policy.
This research will delve deeply into the jurisdictional systems of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of the five countries. Doing this, it will also examines on the current maritime issues of these states such as the legality of the straight baseline, the usage of marine scientific research and the extension of the outer limit of the continental shelf.
This paper will also explain and elaborate on the following policies being pursued that have been derived from the maritime jurisdictional systems of the five countries: (1) the active protest against the straight baseline of neighboring states which is not consistent with the obligations set forth by UNCLOS; (2) the trend towards the legalization of the principle of delimitation on the territorial sea and the contiguous zone; (3) the coexistence of the exclusive economic zone and the fishing zone; (4) the trend of stipulation of title to the continental shelf.
Finally, based on the salient issues for Korea and policy implications from this comparative research, this paper makes the following policy proposals for Korea: (1) to protest in various ways straight baselines that are not consistent with UNCLOS; (2) reorganizing the system of the innocent passage; (3) to study the use of the exclusive fishing zone; (3) to analyze the position and the legal basis taken by China regarding the notion of the natural prolongation of the continental shelf.

영어초록

This paper explores the maritime jurisdictional systems of five major maritime countries: the United States, Iceland, Australia, China and Japan, in the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf. The reason these five states were chosen for this research, are as follows: (1) The United States, though not having ratified the 1982 UN Convention on the Law of the Sea (UNCLOS), has exerted a large influence on the international maritime legal system through numerous domestic and international practices. (2) Iceland has made every effort to secure and extend its maritime jurisdiction. (3) Australia is one of the states that has taken the lead in managing its maritime jurisdiction efficiently by concluding bilateral agreements with neighboring states. (4)The legal systems and policies of China and Japan may exert a direct influence on Korea’s maritime policy.
This research will delve deeply into the jurisdictional systems of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of the five countries. Doing this, it will also examines on the current maritime issues of these states such as the legality of the straight baseline, the usage of marine scientific research and the extension of the outer limit of the continental shelf.
This paper will also explain and elaborate on the following policies being pursued that have been derived from the maritime jurisdictional systems of the five countries: (1) the active protest against the straight baseline of neighboring states which is not consistent with the obligations set forth by UNCLOS; (2) the trend towards the legalization of the principle of delimitation on the territorial sea and the contiguous zone; (3) the coexistence of the exclusive economic zone and the fishing zone; (4) the trend of stipulation of title to the continental shelf.
Finally, based on the salient issues for Korea and policy implications from this comparative research, this paper makes the following policy proposals for Korea: (1) to protest in various ways straight baselines that are not consistent with UNCLOS; (2) reorganizing the system of the innocent passage; (3) to study the use of the exclusive fishing zone; (3) to analyze the position and the legal basis taken by China regarding the notion of the natural prolongation of the continental shelf.

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