한국 영해제도의 역사와 문제에 대한 고찰

다국어 초록 (Multilingual Abstract)

Korea has not adopted territorial sea related laws and/or regulations since it was founded in 1948. It was not until 1977 that Korea enacted the Territorial Sea Act. It was because the historic conclusion of the Third United Nations Conference on the Law of the Sea as well as the eventual coming into force of the new Law of the Sea Convention have made it inevitable for Korea to review its maritime jurisdiction system. In the meantime, the breadth of the territorial sea of Korea was considered to be 20 to 200 nautical miles largely due to the 1952 Peace Line promulgated by the President Syungman Rhee.
In 1977 Korea established a 12 nautical mile territorial sea around the Korean peninsular, adopting the straight baseline system as well as prior notification of foreign warships for their innocent passage through the Korean territorial sea. The 1977 Territorial Sea Act was revised to the Territorial Sea and the Contiguous Zone Act in 1994.
Given the foregoing, this article attempted to provide Korea's policy on the territorial sea in the context of its change in the law of the sea. To be more specific, it examined relevant issues on the breadth of the territorial sea, straight baselines system, subject area of the application of the territorial sea as well as innocent passage of warships, with special emphasis to the comparison with Korea's relevant policy on the law of the sea.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 영해의 범위
• Ⅲ. 관련 문제
• Ⅳ. 결론
• 참고문헌
• 〈Abstract〉
• 《附錄》

참고문헌 (Reference)

1 吉井 淳, "領海制度の史的展開. in: 日本と國際法の100年" 三省堂 2001

2 김찬규, "서해5도의 전략적ㆍ법적 지위" 18 : 1982

3 최종화, "국제어업분쟁해결제도론" 2003

4 佐藤榮一, "領海法の槪要" 1977

5 栗林忠男, "現代國際法" 1999

6 栗林忠男, "海洋法の發展と日本. in: 日本と國際法の100年" 2001

7 山本草二, "海洋法と國內法制" 日本海洋協會 1988

8 水上千之, "海洋法" 2005

9 松井芳郞, "判例國際法" 東信堂 2006

10 "中村 洸" 1996

11 "UNCLOS Ⅲ Official Records Vol.ⅩⅥ"

12 "UNCLOS Ⅱ Official Records"

13 "UNCLOS Ⅰ Official Records Vol.Ⅲ"

14 Tadao Kuribayashi, "The New Ocean Regime and Japan" 11 : 1982

15 Park Hee Kwon, "The Law of the Sea and Northeast Asia" 2000

16 R. R. Churchill, "The Law of the Sea" 1999

17 D. P. O'Connell, "The International Law of the Sea, vol.1" 1982

18 Toshihisa Takata, "The Conclusion of the UNCLOS and the Adjustment of Maritime Legal Regime" JAIL 1996

19 W. Michael Reisman, "Straight Base Lines in Maritime Boundary Delimitation"

20 Choung Il Chee, "Korea and International Law" 1993

21 Shunji Yanai, "Japan and the Emerging Order of the Sea (Two Maritime Laws of Japan)" JAIL 1977

22 中村 洸, "12海里領海と國際海峽の3海里凍結. in: ジュリスト" 1977