<학위논문 소개>국제법상 심해저 유전자원의 이용에 관한 연구 (A Study on Use of Genetic Resources in the Area by the International Law)

서지정보

· 발행기관 : 국제법평론회
· 수록지 정보 : 국제법평론 / 41호 / 255 ~ 275페이지
· 저자명 : 김민

초록

This paper tried to seek the directions that the international community should move forward by recognizing that the current maritime law system which focuses on the UN Convention on the Law of the Sea has legal gaps in the rules if new marine resources are found and through the examples of the genetic resources in the area that economic value has recently been to the fore.
Genetic resources in the area are the resources which have newly appeared in the international community and the definition of its concept and its status in international law have not been established yet. The conflicting structures among the countries which argue common interests of the whole body of mankind and the ones which do profits of individual ones in use of genetic resources due to these situations. This can be the problem which can directly be connected to formation of profits the whole international community by using these sources. Therefore, this issue should be arranged with discussion about how to maximize profits of the whole international community.
This paper tried to examine the limits of the current international law system focusing on use of genetic resources in the area, review if legal gaps can be solved within the UN Convention on the Law of the Sea or not and plans to use genetic resources in the area which has now been discussed in the international community, and suggest new alternatives of legislation to harmonize with profits of the international community.
Individual countries can argue unilaterally for profits of their own countries through this study. However, it has found that they can cooperate with the international community to seek the interests of the whole body of mankind. The obvious point is that seeking individual national interests has the negative effect on each country because it threatens the interests of the whole body of mankind from the long-term point of view.
Therefore, the new law system to use genetic resources in the area should be created focusing on protection of the interests of the advanced development countries, recognition of special deep seabed’s status, environmental approaches to marine environment, and profit sharing with the international community with common interest. That is, the issue that individual national interests harmonize with the interests of the whole body of mankind should focus on use of the ocean and international cooperation to share profits from it.
Humanity can expect the infinite possibilities in use of new resources by finding them. Therefore, the international community should cooperate with each other to seek the interests of the whole body of mankind by finding new resources. Therefore, new resources should exist as the source of cooperation, not the causes of conflicts among countries.

영어초록

This paper tried to seek the directions that the international community should move forward by recognizing that the current maritime law system which focuses on the UN Convention on the Law of the Sea has legal gaps in the rules if new marine resources are found and through the examples of the genetic resources in the area that economic value has recently been to the fore.
Genetic resources in the area are the resources which have newly appeared in the international community and the definition of its concept and its status in international law have not been established yet. The conflicting structures among the countries which argue common interests of the whole body of mankind and the ones which do profits of individual ones in use of genetic resources due to these situations. This can be the problem which can directly be connected to formation of profits the whole international community by using these sources. Therefore, this issue should be arranged with discussion about how to maximize profits of the whole international community.
This paper tried to examine the limits of the current international law system focusing on use of genetic resources in the area, review if legal gaps can be solved within the UN Convention on the Law of the Sea or not and plans to use genetic resources in the area which has now been discussed in the international community, and suggest new alternatives of legislation to harmonize with profits of the international community.
Individual countries can argue unilaterally for profits of their own countries through this study. However, it has found that they can cooperate with the international community to seek the interests of the whole body of mankind. The obvious point is that seeking individual national interests has the negative effect on each country because it threatens the interests of the whole body of mankind from the long-term point of view.
Therefore, the new law system to use genetic resources in the area should be created focusing on protection of the interests of the advanced development countries, recognition of special deep seabed’s status, environmental approaches to marine environment, and profit sharing with the international community with common interest. That is, the issue that individual national interests harmonize with the interests of the whole body of mankind should focus on use of the ocean and international cooperation to share profits from it.
Humanity can expect the infinite possibilities in use of new resources by finding them. Therefore, the international community should cooperate with each other to seek the interests of the whole body of mankind by finding new resources. Therefore, new resources should exist as the source of cooperation, not the causes of conflicts among countries.

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