Arctic Sunrise 중재판정에 비추어 본 해양시설과 구조물의 법적지위 = Arbitral Award on Arctic Sunrise Case and Legal Regime of Maritime Installations and Structures

다국어 초록 (Multilingual Abstract)

The Arbitral Tribunal constituted under Annex 7 to the Law of the Sea Convention(LOS Convention) delivered its award on Arctic Sunrise case between Netherlands and Russia in August 2015. This case treated the issues of international legal regime of maritime installations and structures, because Green Peace vessel Arctic Sunrise protested around an oil rig structure called Prirazlomnaya constructed by Russia.
Finding that it has the jurisdiction over the claims submitted by Netherlands, the Arbitral Tribunal declared that Russia violated provisions of the LOS Convention by boarding, inspecting, detaining, and seizing the Arctic Sunrise and by arresting, detaining, and initiating judicial proceedings against the Arctic 30.
Considering the growing importance of legal regime of maritime installations and structures in international law, this article tried to interpret relevant provisions of the LOS Convention and to analyze relevant practices and attitudes of international courts and tribunals.
The arbitral tribunal concluded that Russia did not establish the safety zone around Prirazlomnaya, but it advised the coastal countries to establish the zone by legislating national laws and regulations. The Tribunal examined the conditions for the legitimate exercise of Hot Pursuit right such as violations of the laws of the coastal state, location of the pursued ship, signal to stop, and continuity of pursuit.
The arbitral tribunal confirmed the existence of the right of the coastal states to enforce its laws regarding non-living resources in the EEZ. Enforcement jurisdiction of the coastal states for the protection of the marine environment from vessel-source pollution was also confirmed.

참고문헌 (Reference)

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9 Wooldridge, F., "Hot Pursuit" 11 : 1987

10 Klein, Natalie, "Dispute Settlement in the UN Convention on the Law of the Sea" Cambridge University Press 2005

11 Boyle, Alan, "Dispute Settlement and the Law of the Sea Convention : Problems of Fragmentation and Jurisdiction" 46 : 1997

12 "Arctic Sunrise Arbitration(Netherlands v. Russia), Award, PCA, 14August 2015"