일본의 대륙붕 정책에 대한 비판적 고찰 － CLCS에 대한 대륙붕한계 신청 문제를 중심으로 －
A Critical Analysis on the Japan's Policy on the Continental Shelf － With Special Emphasis on the Japan's Submission to the CLCS －
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In November 2008, Japan submitted information on the limits of the continental shelf beyond 200 nautical miles to the “Commission on the Limits of the Continental Shelf”(CLCS) which was established under the United Nations Convention on the Law of the Sea. Japan intended to establish extended continental shelf in seven regions located to the south and the south-east off the mainland of Japan. However, three regions, inter alia, relating to Okinotorishima was very controversial, as its legal status was dubious. With regard to Japan's submission, China and Korea addressed notes verbales to the Secretary-General respectively. Meantime, the CLCS proceeded with establishing a Subcommission to examine the submission made by Japan in accordance with the established procedure(CLCS/42, paras.19-20). After several relevant procedures, the CLCS decided to instruct the Subcommission to proceed with the consideration of the full submission of Japan. The Commission decided, however, that it shall not take action on the part of the recommendations prepared by the Subcommission in relation to the area referred to in the notes verbales mentioned above, until the Commission decides to do so. Taking into account above mentioned issues, I attempted to provide analyses and interpretations of Japan's policy on the continental shelf as well as its impact on Korean position. To put it concretely, history of Japan's policy on the continental shelf, continental shelf regime in international law, competence of the CLCS etc. were examined. As a conclusion, several prospects and suggestions were added.
Abstract
In November 2008, Japan submitted information on the limits of the continental shelf beyond 200 nautical miles to the “Commission on the Limits of the Continental Shelf”(CLCS) which was established under the United Nations Convention on the Law of the Sea. Japan intended to establish extended continental shelf in seven regions located to the south and the south-east off the mainland of Japan. However, three regions, inter alia, relating to Okinotorishima was very controversial, as its legal status was dubious. With regard to Japan's submission, China and Korea addressed notes verbales to the Secretary-General respectively. Meantime, the CLCS proceeded with establishing a Subcommission to examine the submission made by Japan in accordance with the established procedure(CLCS/42, paras.19-20). After several relevant procedures, the CLCS decided to instruct the Subcommission to proceed with the consideration of the full submission of Japan. The Commission decided, however, that it shall not take action on the part of the recommendations prepared by the Subcommission in relation to the area referred to in the notes verbales mentioned above, until the Commission decides to do so. Taking into account above mentioned issues, I attempted to provide analyses and interpretations of Japan's policy on the continental shelf as well as its impact on Korean position. To put it concretely, history of Japan's policy on the continental shelf, continental shelf regime in international law, competence of the CLCS etc. were examined. As a conclusion, several prospects and suggestions were added.
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