동북아시아 지역의 해양 분쟁과 그 함의

Abstract

The 21th century is the maritime age. As the economic activities to survive from the beginning of human's history to the last century have mostly been accomplished on the land, the land is already full and the resources are being exhausted. Thus each nation started to pay attention to the maritime, and that became the cause of maritime disputes. The maritime problems occur in the field of the law of the sea·shipping transport·maritime safety·marine environment and pollution·ocean fisheries resources·ocean fisheries commerce. The nations all over the world have concluded many international agreements to solve these problems. Especially, the fields of the law of the sea and ocean fisheries resources have many forms and high frequency of disputes, so they are very important. The previous international agreements have little effectiveness about these problems due to the lack of enforcement, the limit that the international laws have inherently. In this context, this thesis is for preparing the settlemnet about maritime disputes that are or will be related with our country by studying maritime disputes that occurred or is occurring and the settlement system of those. The occurrence types of maritime disputes are as follows. First are the disputes about establishing the territorial sea base line, the base line delimitating all the national jurisdictional waters, as the disputes about the delimitation of border. Second is the dispute about the delimitation of border in the islands nation and the nation of a group of islands. Third are the disputes between the coastal nations and inland nations leaded by the national commercial, non commercial activities in the national jurisdictional waters. Last are the dispute beyond jurisdictional waters. The main settlement systems for these are the disputes settlement system of the United Nations Convention on the Law of the Sea and the settlement by The International Tribunal for the Law of the Sea. As our Northeast Asia region is one of the regions where the maritime disputes occurred most frequently in the world, the representative disputes are “the Tokto dispute, the East China Sea dispute, the South China Sea dispute”. There are a lot of troubles due to the acute concerns among the nations. With this, the maritime disputes expected to occur in our country are the delimitation disputes of territorial waters, a continental shelf, exclusive economic zone. We must prepare the settlement about the expected disputes by the quotation of the previous settlement system about maritime disputes.