해수면 상승이 해양경계와 섬에 미치는 법적 쟁점 연구
A study on legal issues from sea level rise which will have an effect on maritime delimitation and legal status of islands
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From the legal viewpoint, sea-level rise is expected to have an effect on maritime delimitation and legal status of islands by moving the coastline landward and submerging small islands states. Also, it can lead to fundamental change of the current legal regime of ‘Law of the Sea’ in a way of struggling to secure its national ocean interest between coastal states and the other states. This outlook calls for legal solutions for international community to prepare. This study targets show hints on the solutions from the viewpoint of ‘lex ferenda’ as well as ‘lex lata’. First of all, this study suggests ‘permanent’ maritime delimitation will be more conducive to stable inter-state ocean relations than ‘ambulatory’ one. Based on the assumption, this study tries to make legal suggestions in three dimensions: state, region and international community. For state’s dimension, coastal states as well as small islands states can take preventive measures by constructing artificial islands or installations to prevent its base points and island itself. Also, masterly inactivity or historical waters doctrine can be a practical tool for the states, regardless of each disputable legality. For regional dimension, two or more states can conclude a maritime delimitation agreement stipulating a clause of ‘permanent’ maritime boundaries. For global dimension, so called ‘Agreement on Sea Level and Maritime Delimitation’ can be concluded to implement ‘Law of the Sea Convention’. On a more long term basis, states’s consistent practices as well as UNGA’s resolutions of trying to let maritime boundary permanent can be a clue of ‘opinio juris’ and finally create international customary law.
Abstract
From the legal viewpoint, sea-level rise is expected to have an effect on maritime delimitation and legal status of islands by moving the coastline landward and submerging small islands states. Also, it can lead to fundamental change of the current legal regime of ‘Law of the Sea’ in a way of struggling to secure its national ocean interest between coastal states and the other states. This outlook calls for legal solutions for international community to prepare. This study targets show hints on the solutions from the viewpoint of ‘lex ferenda’ as well as ‘lex lata’. First of all, this study suggests ‘permanent’ maritime delimitation will be more conducive to stable inter-state ocean relations than ‘ambulatory’ one. Based on the assumption, this study tries to make legal suggestions in three dimensions: state, region and international community. For state’s dimension, coastal states as well as small islands states can take preventive measures by constructing artificial islands or installations to prevent its base points and island itself. Also, masterly inactivity or historical waters doctrine can be a practical tool for the states, regardless of each disputable legality. For regional dimension, two or more states can conclude a maritime delimitation agreement stipulating a clause of ‘permanent’ maritime boundaries. For global dimension, so called ‘Agreement on Sea Level and Maritime Delimitation’ can be concluded to implement ‘Law of the Sea Convention’. On a more long term basis, states’s consistent practices as well as UNGA’s resolutions of trying to let maritime boundary permanent can be a clue of ‘opinio juris’ and finally create international customary law.
참고문헌 (51)
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