독도해양과학기지 건설 관련 법적 쟁점에 관한 고찰
Legal Issues Relating to Construction of the Dokdo Ocean Research Station
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The Korean Government is trying to construct an ocean research station in Dokdo’s water. The station would be the third ocean research station following the Ieodo station and the Gageocho station. Although the new station would served as a scientific research base for peaceful and academic purposes, the construction of the station will almost certainly lead to a diplomatic dispute between Japan and Korea in the near future due to the disputed ownership of the island. In light of the diplomatic protests against the construction of the Ieodo station by the Chinese Government, various domestic and international legal issues which could be raised regarding the construction of the Dokdo station need to be reviewed. Therefore, this article reviews the international legal status of the station and the rights and duties pertaining to its construction, investigates the domestic legal grounds relating to the construction and operation of the marine scientific installation, evaluates the international legal impacts of the construction on the expansion of maritime jurisdiction, the effective control on Dokdo and the negotiations on maritime boundary delimitation, and finally draws conclusions on the future activities of the Korean Government for the construction and operation of the Dokdo Ocean Research Station.
Abstract
The Korean Government is trying to construct an ocean research station in Dokdo’s water. The station would be the third ocean research station following the Ieodo station and the Gageocho station. Although the new station would served as a scientific research base for peaceful and academic purposes, the construction of the station will almost certainly lead to a diplomatic dispute between Japan and Korea in the near future due to the disputed ownership of the island. In light of the diplomatic protests against the construction of the Ieodo station by the Chinese Government, various domestic and international legal issues which could be raised regarding the construction of the Dokdo station need to be reviewed. Therefore, this article reviews the international legal status of the station and the rights and duties pertaining to its construction, investigates the domestic legal grounds relating to the construction and operation of the marine scientific installation, evaluates the international legal impacts of the construction on the expansion of maritime jurisdiction, the effective control on Dokdo and the negotiations on maritime boundary delimitation, and finally draws conclusions on the future activities of the Korean Government for the construction and operation of the Dokdo Ocean Research Station.
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