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A Study on the Maritime Jurisdictions in the Constitutions of Asian Countries
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아시아 지역 국가의 헌법과 바다 - 해양관할권을 중심으로 -

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Type
Academic journal
Author
Journal
한국해사법학회 해사법연구 해사법연구 제31권 제1호 KCI Accredited Journals
Published
2019.1
Pages
105 - 138 (34page)

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A Study on the Maritime Jurisdictions in the Constitutions of Asian Countries
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Abstract· Keywords

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The aim of this article is to study the concepts of maritime jurisdiction(MJ) referred in the Constitutions of forty seven Asian countries, such as territorial sea(TS) or territorial waters, exclusive economic zone(EEZ), and continental shelf(CS), etc. Such subjects are examined in turn, as constitutional clauses of territory, the sorts and the usages of concepts of MJ referred in the Constitutions, constitutional provisions about the limits or boundaries of MJ, and claims to MJ on the lower level than the Constitutions. The results are as follows: Seventeen countries have constitutional clauses by which the scopes or boundaries of territories are specificly or positively prescribed. TS is referred in fourteen Constitutions, CS in nine, and EEZ in six. All of those three concepts are just referred in five Constitutions. Those concepts are used in order to specify the elements of the territory or the scopes of MJ in seven Constitutions, to regulate the distribution of powers concerning MJ in eight, and to regulate the national ownership of various maritime natural resources in nine. As for limits or boundaries of MJ, eight Constitutions say that they shall be specified by Acts, but nine Constitutions are silent. On the level of Acts or decrees, twelve nautical miles of TS are claimed by thirty three countries, twenty four of contiguous zone by twenty four, two hundred of EEZ by twenty three, and outer edges of continental margin or two hundred of CS by eighteen.
#Constitutional Law #Maritime Jurisdiction #Asia #Territory #Sea #EEZ #Continental Shelf

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고문현 / 2017 / 해양수산 환경 변화에 따른 기본법제의 개선연구 google schola 김영구 / 1988 / 현대해양법론 / 도서출판 아세아사 google schola 도회근 / 2009 / 헌법의 영토조항에 관한 비교헌법적 연구 / 법조 58(11):289~333 dbpia 한병호 / 2016 / 아시아 지역 국가의 헌법전문에 대한 비교연구 / 법학연구 47:65~95 dbpia 한병호 / 2017 / 바다를 둘러싼 법적 쟁점과 과제 / 피엔씨미디어 google schola

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