지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
This study is to diagnose the current situation of seeing-China maritime delimitation puts the primary objective. In addition, try to look Analysis of the two countries" national legislative provisions applicable. Furthermore, to investigate the problem, conflict factors derived from the two countries put their differences between the secondary target.
Provisions of the United Nations Convention on the maritime delimitation is “determined based on the delimitation of the exclusive economic zone or continental shelf and adjacent coast,” it has stated. For the comprehensive application of these principles, the International Court of Justice Article 38 The provisions are limited and that, in principle, should be based on the provisions of international law. Therefore, it must be observed that Jane War also to resolve cross-border disputes shall be subject to the provisions of these international agreements when dealing with international maritime delimitation issues, inevitably expanded.
Nevertheless, South Korea and China have been faced with reality, and these factors linger in the meantime, conflicts and conflict by a different criterion for the maritime delimitation. There are two general remarks on the state figured consensus is that they must present a fair and amicable solution through negotiations in principle. However, in the particulars in terms of the bottom line that the two countries should seek to protect its interests we are still faced with difficulties. These ‘Hanzhong’ their differences in accordance with the interests of the two countries would result from the rational delimitation of the criteria for the area. In other words, South Korea, and insist the principle of equidistance / special circumstances", China is a situation that could not find a clue to adhere to the principle of fairness / relevant circumstances" and that negotiations by the two countries. The researchers were trying to determine under this topic will be found in overcoming the limitations of awareness about the clues to solve the problem of delimitation of the sea-China bilateral priority factor by comparison of the two criteria of analysis.
To study the demarcation dilemma in the exclusive economic zone and continental shelf, this thesis is divided into three parts. The first chapter discussed the demarcation theory of UNCLOS and its evolution, and studied cases of international maritime law, analyzed the current solutions of sea disputes among countries. The second chapter made a comparison and analysis of different weighting factors of the demarcation that South Korea and China insisted, and pointed out the factors that should be considered in the delimitation. Then, based on the analysis and the facts, for the purpose of bridge the differences and settle the dispute, feasible suggestions of equitable solution was put forward in the third chapter. According to the rule of international law, the two parties should consider the overall peace in Northeast Asia as a starting point, stop harming the two national people’s action, settle the maritime delimitation disputes peacefully.
Provisions of the United Nations Convention on the maritime delimitation is “determined based on the delimitation of the exclusive economic zone or continental shelf and adjacent coast,” it has stated. For the comprehensive application of these principles, the International Court of Justice Article 38 The provisions are limited and that, in principle, should be based on the provisions of international law. Therefore, it must be observed that Jane War also to resolve cross-border disputes shall be subject to the provisions of these international agreements when dealing with international maritime delimitation issues, inevitably expanded.
Nevertheless, South Korea and China have been faced with reality, and these factors linger in the meantime, conflicts and conflict by a different criterion for the maritime delimitation. There are two general remarks on the state figured consensus is that they must present a fair and amicable solution through negotiations in principle. However, in the particulars in terms of the bottom line that the two countries should seek to protect its interests we are still faced with difficulties. These ‘Hanzhong’ their differences in accordance with the interests of the two countries would result from the rational delimitation of the criteria for the area. In other words, South Korea, and insist the principle of equidistance / special circumstances", China is a situation that could not find a clue to adhere to the principle of fairness / relevant circumstances" and that negotiations by the two countries. The researchers were trying to determine under this topic will be found in overcoming the limitations of awareness about the clues to solve the problem of delimitation of the sea-China bilateral priority factor by comparison of the two criteria of analysis.
To study the demarcation dilemma in the exclusive economic zone and continental shelf, this thesis is divided into three parts. The first chapter discussed the demarcation theory of UNCLOS and its evolution, and studied cases of international maritime law, analyzed the current solutions of sea disputes among countries. The second chapter made a comparison and analysis of different weighting factors of the demarcation that South Korea and China insisted, and pointed out the factors that should be considered in the delimitation. Then, based on the analysis and the facts, for the purpose of bridge the differences and settle the dispute, feasible suggestions of equitable solution was put forward in the third chapter. According to the rule of international law, the two parties should consider the overall peace in Northeast Asia as a starting point, stop harming the two national people’s action, settle the maritime delimitation disputes peacefully.
목차
Ⅰ. 引言
Ⅱ. ≪海洋法公約≫的劃界理論
Ⅲ. 海域劃界的實踐
Ⅳ. 韓中海域爭端公平解決的建議
結語
參考文獻
【논문초록】
참고문헌 (41)
참고문헌 신청
함께 읽어보면 좋을 논문
논문 유사도에 따라 DBpia 가 추천하는 논문입니다. 함께 보면 좋을 연관 논문을 확인해보세요!
-
유엔해양법협약상 해양경계획정방법의 구체화에 관한 연구
해사법연구
2019 .01
-
지방자치단체 사이의 해상경계 획정에 관한 헌법재판소 권한쟁의심판 연구 – 인접･대향한 지방자치단체 사이에 존재하는 섬의 영향과 해상경계 획정의 새로운 대안 모색을 중심으로 –
헌법학연구
2020 .01
-
중국 지방정부 간 해상경계 설정에 관한 법적 고찰
해사법연구
2022 .11
-
중국 국내법상의 유엔해양법협약의 수용 고찰― 중국의 2개의 해양법을 중심으로
중국학논총
2020 .01
-
The Future of International Law
[KIIP] 한국지식재산연구원 도서DB
2015 .12
-
中国海上执法主体法律问题研究
법학연구
2018 .01
-
민법의 일반법적 성질에 기초한 민법개정 제안
안암법학
2015 .01
-
Legal and Strategic Implications of ROK-PRC Maritime Delimitation Talks
EAI 이슈브리핑
2016 .06
-
해양경계획정에 적용할 수 있는 ‘3단계 방법론’에 대한 비판적 소고
국제법학회논총
2020 .06
-
당사자자치의 원칙과 불통일법국법의 지정 -유럽국제사법상의 논의와 우리나라 국제사법에의 시사점-
국제사법연구
2019 .12
-
데이터 법제의 분류체계 정립을 위한 시론적 검토
과학기술과 법
2022 .12
-
해양법상 ‘선박 단일체’(ship as a unit) 개념
국제법학회논총
2022 .12
-
환경법상 일반원칙의 본질과 효력에 대한 법철학적 고찰
환경법연구
2018 .01
-
The United States patent law.
[KIIP] 한국지식재산연구원 도서DB
2020 .12
-
China’s Position on the Territorial Sea Regime in Terms of the South China Sea Disputes: Straight Baselines and Innocent Passage of Warships around Disputed Islands
The Korean Journal of Defense Analysis
2018 .01
-
Strengthening Clinical Legal Education in Japan: What Should Be Done in the Second Stage of the Law School System?
Journal of Korean Law
2021 .01
-
국제가사사건을 다루는 법률가들께 드리는 고언(苦言)
가족법연구
2016 .03
-
상법의 해체와 회사법의 단행법화 등 분리입법에 관한 검토
한양법학
2024 .02
-
일본 조세법상 법인격부인 법리의 적용에 관한 소고
조세학술논집
2015 .10
-
2020년 유엔 국제법위원회의 활동‒제72차 회기 연기 결정 관련 ‘silence procedure’와 ‘국제법 관련 해수면 상승’ 주제 제1차 보고서 분석을 중심으로‒
국제법평론
2021 .01
이 논문의 저자 정보
이 논문과 함께 이용한 논문
최근 본 자료
댓글(0)
0
UCI(KEPA) : I410-ECN-0101-2016-910-002763755