해양법상 섬제도와 독도

Abstract

Article 121 of the UNCLOS stipulates the regime of islands and grants different jurisdictions to islands and rocks. Especially, paragraph 3 gives different definitions and distinguishes the legal status of between islands and rocks. That is, rocks, which cannot sustain human habitation or economic life, cannot have their own EEZ, continental shelf or the great-sphere maritime jurisdiction. In this paper, various theories and state practicess on islands and rocks are examined with reference to Article 121 of UNCLOS. Also, the status of Dokdo as a rock or an island is examined in accordance with the interpretation of Article 121 of UNCLOS. National legislations, practices, and many scientific opinions are often contradictory and controversial with respect to the interpretation of Article 121 of the UNCLOS. However, it is believed that Article 121 of UNCLOS, particularly paragraph 3 has to be interpreted more strictly. That is because the highly developed modern scientific technology can be meaningless when the criteria of Article 121 of UNCLOS are to be inappropriately applied. Insular figures like 『rocks』 could bring the inequitable effects disadvantageous toward the other party when the maritime delimitation is applied. Claiming and intentionally extending maritime zone of a coastal states by assigning EEZ for small insular figures like 『rocks』 is over-zealous nationalism which is illegal, and such practices must be recognized as actions bringing great harm to the neighboring nations and demise of the sprit of all mankind.