해양법협약상 해양과학조사제도와 쟁점
Marine Scientific Research Regime under the Law of the Sea Convention
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As marine science and technology have developed rapidly, marine scientific research(MSR) became an important issue at the UNCLOS Ⅲ. Especially because of the newly introduced Exclusive Economic Zone(EEZ) and the expanded continental shelf, MSR in these maritime zones became a hot issue between the developed and developing states. The developed states wanted to establish a MSR regime founded on traditional freedom of the sea principle, but the developing states group insisted that coastal states should have control over MSR in their maritime zones including territorial waters and EEZ. This discrepancy originated from the difference of understanding over the legal character of the EEZ. The developed states have thought EEZ a part of high sea. On the other hand, the developing states have asserted that EEZ should be treated as a part of maritime waters of coastal states. The Law of the Sea Convention which was adopted in 1982 by the UNCLOSⅢ tried to keep the balance between these two interest groups. Although the coastal states have the right to consent MSR by foreigners and international organizations in their maritime zones, their discretion could be checked by various constraints. Given the fact that MSR includes important and useful marine activities, the LOS Convention have incorporated so many provisions on MSR. However, the exact and authoritative definition and scope of MSR is not appeared yet. Whether hydrographic survey is a part of MSR remains an outstanding question. The relationship between military survey and MSR is another question to solve.
Abstract
As marine science and technology have developed rapidly, marine scientific research(MSR) became an important issue at the UNCLOS Ⅲ. Especially because of the newly introduced Exclusive Economic Zone(EEZ) and the expanded continental shelf, MSR in these maritime zones became a hot issue between the developed and developing states. The developed states wanted to establish a MSR regime founded on traditional freedom of the sea principle, but the developing states group insisted that coastal states should have control over MSR in their maritime zones including territorial waters and EEZ. This discrepancy originated from the difference of understanding over the legal character of the EEZ. The developed states have thought EEZ a part of high sea. On the other hand, the developing states have asserted that EEZ should be treated as a part of maritime waters of coastal states. The Law of the Sea Convention which was adopted in 1982 by the UNCLOSⅢ tried to keep the balance between these two interest groups. Although the coastal states have the right to consent MSR by foreigners and international organizations in their maritime zones, their discretion could be checked by various constraints. Given the fact that MSR includes important and useful marine activities, the LOS Convention have incorporated so many provisions on MSR. However, the exact and authoritative definition and scope of MSR is not appeared yet. Whether hydrographic survey is a part of MSR remains an outstanding question. The relationship between military survey and MSR is another question to solve.
참고문헌 (18)
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