끝나지 않은 남중국해 분쟁: 대륙국가의 원양군도 체제는 인정될 수 있는가?

Abstract

This article explores the controversies between the United States (US) and China regarding the renewed attention given to China’s claims for an archipelagic regime encompassing four groups of islands in the South China Sea, following the 2016 arbitral award. It examines whether continental States, rather than archipelagic States, can establish straight baselines enclosing their outlying archipelagos in light of the United Nations Convention on the Law of the Sea (UNCLOS) and contemporary State practice. Following the 2016 South China Sea award, this issue became a key point of sharp debate between the US and China, particularly regarding China’s attempts to justify its claims to maritime jurisdiction within the nine-dash line. Although the claims of continental States for an archipelagic regime were not accepted during the Third United Nations Conference on the Law of the Sea, it cannot be definitively concluded that the practice of continental States establishing straight baselines around their outlying archipelagos is entirely precluded from evolving into customary international law. However, considering current State practice, it is difficult to argue that the recognition of an archipelagic regime for outlying archipelagos by continental States has met the requirements for the formation of a part of customary international law.