유엔해양법협약 발전과정과 한국의 대응전략

Abstract

The UNCLOS is broad, far-reaching and reflective of the increasingly complex, interdependent nature of contemporary international relations. The law of the sea turned on two fundamental principles: (1) the territorial sea, or the right of a coastal state to control a narrow band of sea as extension of its sovereignty offshore; and (2) freedom of the high seas, meaning the freedoms of navigation and fishing in the high seas beyond that offshore coastal area. Those principles are intact and still active. Coming mainly since 1958, however, they have been augmented by a vast nexus of binding multilateral agreements that comprise the most sophisticated regulatory regime that governs comtemporary interstate relations. The starting point for this analysis is the effort to codify the international ocean regime. The 1958 Geneva Conference marked a The conventions were promptly ratified by many countries, but soon came to be seen as insufficient. In particular, during the 1960s, the United Nations became increasingly concerned about the growing number of coastal states asserting control over vast reaches of the oceans. In 1973, negotiations were launched for a comprehensive Convention on the Law of the Sea(UNCLOS). In 1982, UNCLOS was adopted and came into effect in 1994. UNCLOS arranges and codifies the international ocean regime which is not unified and is troubled in spite of the international society's efforts. It has a meaning of establishing the new ocean regime unified the traditional ocean regimes which stand for the freedom of the sea and the sovereignty of the sea. It also has the meaning that it partially achieved a balance of ocean-related countries' complicated interest in its birth process as the standard created by countries' long consent process. However, the balance of inter-countries' complicated interests and the reality of international society contains a possibility of change. It brings to conclusion that UNCLOS cannot perfectly reflect the international society's requirements changed by ocean-related all countries' interests and period. The purpose of this study is to survey the international regime governing the use of ocean space by examining UNCLOS and to analyze the change of the international ocean regime from 17century to present, to comment the legal problems of UNCLOS with realistic views, and finally to develope the counterplan of Korean ocean policy on UNCLOS. From the point of view, the regime governing the oceans has proliferated into a vast, complex network of International relations. This nexus of rules, regulations, principles and norms regulates the activities of national governments in their use of the sea in several dimensions, raging from efforts to ensure peaceful uses of the oceans, freedom of the sea, and territorial sea. We need to keep up international political studies of the law of the sea. This kinds of study would have to be something over the approach to the political aspects of UNCLOS, and it would help Korean's ocean policy of the law of the sea. It will be an index to measure changes, development and diversity of UNCLOS through utilized international ocean regime.