GIS 기반 공간분석 방법론을 활용한 판례상 적법한 직선기선 판단 기준에 대한 연구

Abstract

The purpose of this research is to present specific criteria to determine the legally appropriate straight baseline usages by analyzing the relevant international case-law. Although Article 7 of the United Nations Convention on the Law of the Sea (UNCLOS) regulates the straight baseline system, there is a lack of specific guidance and direction in practical application. This provision stipulates that where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast in its immediate vicinity, the method of straight baseline can be employed. Furthermore, it regulates that the drawing of such straight baselines should not depart to any appreciable extent from the general direction of the coast. However, these regulations use abstract and general terms, failing to provide concrete criteria, consequently leaving the room for the discretion of coastal States. This research seeks to provide such criteria based on international courts’ decisions as reflected in relevant case-law. Here, an interdisciplinary approach is taken, a GIS-based spatial analysis methodology, to present more quantifiable and viable criteria. The criteria from accumulated precedents based on the respective geographical facts of each case using this interdisciplinary approach may serve as alternative standards supplementing existing literature focusing on this system.