국제해양법상 인공섬, 시설 및 구조물 제도의 쟁점과 우리나라의 입법태도에 관한 고찰−배타적 경제수역 및 대륙붕을 중심으로
Legal Issues Relating to Artificial Islands, Installations and Structures in the Exclusive Economic Zone or on the Continental Shelf and Korea’s Practice
2
조회
0
다운로드
5
인용
0
참고문헌
키워드
초록
Artificial islands, installations and structures have been used as a major means for ocean development and management since the early 20th century. The International legal regime to regulate the man-made offshore structures also have evolved and the UN Convention on the Law of the Sea (UNCLOS) acts as a basic international instrument for that purpose. Although the Convention includes more detailed provisions on man-made offshore structures, there are some legal issues regarding jurisdiction of coastalState on the man-made offshore structures in the Exclusive Economic Zone (EEZ) or on the Continental shelf. For this reason, this article begins by reviewing the 1958 Convention on the Continental shelf and the UNCLOS by focusing on the EEZ and the Continental shelf regime governing the man-made offshore structures. It next examines some controversial international legal issues that have emerged from the regulation of man-made offshore structures in the EEZ or on the Continental shelf. This is followed by a review of the Korean domestic laws regulating artificial islands, installations and structures in the EEZ or on the continental shelf. Finally, it closes by summarizing the findings of the above examinations, and suggests some recommendations for future works.
Abstract
Artificial islands, installations and structures have been used as a major means for ocean development and management since the early 20th century. The International legal regime to regulate the man-made offshore structures also have evolved and the UN Convention on the Law of the Sea (UNCLOS) acts as a basic international instrument for that purpose. Although the Convention includes more detailed provisions on man-made offshore structures, there are some legal issues regarding jurisdiction of coastalState on the man-made offshore structures in the Exclusive Economic Zone (EEZ) or on the Continental shelf. For this reason, this article begins by reviewing the 1958 Convention on the Continental shelf and the UNCLOS by focusing on the EEZ and the Continental shelf regime governing the man-made offshore structures. It next examines some controversial international legal issues that have emerged from the regulation of man-made offshore structures in the EEZ or on the Continental shelf. This is followed by a review of the Korean domestic laws regulating artificial islands, installations and structures in the EEZ or on the continental shelf. Finally, it closes by summarizing the findings of the above examinations, and suggests some recommendations for future works.
참고문헌 (21)
- 김병렬, "이어도의 법적 지위", 국방대학 교수논총, 11, pp.239~262 (1997)
- 김부찬, "이어도 및 이어도 주변수역의 해양법적 지위", 법과 정책, 13(2), pp.1~21 (2007)
- 이용희, "독도해양과학기지 건설 관련 법적 쟁점에 관한 고찰", Ocean and Polar Research, 32(4), pp.427~437 (2010), 한국해양과학기술원
- 이창위, "배타적경제수역에서의 군사활동에 대한 해양강대국과 연안국의 대립", 국제법학회논총, 59(1), pp.119~140 (2014), 대한국제법학회
- Attard, David Joseph, "Exclusive Economic Zone in International Law", pp.350~ (1987), Clarendon Press
- Boczek BA, "Peacetime military activities in the Exclusive Economic Zone of third countries", Ocean Deve Int Law, 19, pp.445~468 (1988)
- Brown ED, "The significance of a possible EC EEZ for the law relating to artificial islands, installations, and structures, and to cables and pipelines, in the Exclusive Economic Zone", Ocean Deve Int Law, 23, pp.115~144 (1992)
- Churchill RR, "The Law of the Sea", pp.494~ (1999), Juris Publishing
- Galea F, "Artificial islands in the law of the sea", 박사, pp.2009
- Gagain M, "Climate change, sea level rise, and artificial islands: saving the Maldives’s statehood and maritime claimes through the ‘Constitution of the Oceans’", Colorado J Int Law Policy, 23(1), pp.79~120 (2012)
- McDade PV, "The removal of offshore installations and conflicting treaty obligations as a result of the emergence of the new law of the sea : a case study. San Diego Law Rev", 645-687 (1987)
- Nandan SN, "United Nations convention on the law of the sea 1982: a commentary", pp.1040~ (1993), Martinus Nijhoff Publishers
- Papadakis N, "The international legal regime of artificial islands", pp.277~ (1976), Sijthoff
- Papadakis N, "Artificial islands in international law", Marit Policy Manage, 3, pp.33~39 (1975)
- Pirtle CE, "Military use of ocean space and the law of the sea in the new millennium", Ocean Dev Int Law, 31, pp.7~45 (2000)
- Roach JA, "Excessive maritime claims", pp.925~ (2012), Martinus Nijhoff Publishers
- Rothwell DR, "The international law of the sea", pp.500~ (2010), Hart Publishing
- Soons AHA, "Marine scientific research and the law of the sea", pp.383~ (1982), Kluwer Law and Taxation Publishers
- Treves T, "Military installations, structures, and device on the seabed", Am J Int Law, 74(4), pp.808~857 (1980)
- Wegelein FH, "Marine scientific research", pp.393~ (2005), Martinus Nijhoff Publishers
- Zou K, "The impact of artificial islands on territorial disputes over the sparatly islands", In : South China Sea studies second international workshop (2010)