국제법상 대륙붕의 정의와 한계설정 연구
Legal Definition of Continental Shelf and Its Outer Limits
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Abstract
During the UNCLOS Ⅲ negotiations period, legal definition of continental shelf and its outer limits used to be categorized as one of “hard-core issues.” Legal definition of the continental shelf provided in 1958 Convention on Continental Shelf was under attack, because of the ambiguity raised by the outer limit criteria ‘exploitability.’ Land- locked and Geographically Disadvantaged States asserted that the outer limit of continental shelf should be 200 miles from the baseline. However states with broad continental margin wanted to have their jurisdiction over expanded continental shelf through the natural prolongation of the land territory. According to Article 76 paragraph 1 of the Law of the Sea convention, the continental shelf of a coastal State comprises the sea-bed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines. And the coastal State should establish the outer edge of the continental margin wherever the margin extends beyond 200 nautical miles from the baselines using 1 per cent thickness of sedimentary rocks formula or 60 nautical miles from the foot of the continental slope formula. The fixed points comprising the line of the outer limits of the continental shelf on the sea-bed either shall not exceed 350 nautical miles from the baselines or shall not exceed 100 nautical miles from the 2,500 metre isobath. Coastal states should submit information on the limits of the continental shelf beyond 200 nautical miles from the baselines to the Commission on the Limits of the Continental Shelf(CLCS) for recommendations. Given the provision that the limits of the shelf established by a coastal State on the basis of these recommendations shall be final and binding, coastal States with broad continental shelf are expected to submit charts and relevant information not later than May 13th 2009. Korea is also expected to submit information on the limits of the continental shelf to the CLCS next year. Korea seems to have finished marine scientific research which is necessary for the submission. Prior consultation or negotiation with neighboring countries will be helpful to pave the way to get satisfactory recommendations from the CLCS.
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