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金文達 慶北大學校 平和問題硏究所 1976 평화연구 Vol.1 No.1
The most important things of the United Nations conferences on the law of the sea were so-called the new concept of the economic zone. The writer wishes t study the issues with respect to the economic zone and its special prospects. The Latin American countries more contributed to the development of the economic zone, which was the crucial issue of the third United Nations Conference on the Law of the Sea, than any other state or region. Though their claims have been extremely varied, when the different types of claims are analyzed, important similarities can be noted among the more recent claims. Generally they contemplate the exercise of sole sovereignty or jurisdiction by the coastal state over the renewable and non-renewable national resources in the water seabed, and subsoil of the area of the sea within 200 miles. The Afro-Asian countries supported not only the recognition of state jurisdiction over the exploitation of the natural resources and other right for the protection of national interests relating to it in the water, seabed and subsoil of the area of the sea within 200 miles from the base-line of the coastal states but also the right of the access to the economic zone of the coastal state by landlocked and geographically disadvantaged sates. The 1974 Caracas Session of the third United Nations Conference on the Law of the Sea was confronted with a number of crucial differences in several issues, such as relationships between economic zone and continental shelf, economic zone and fisheries, economic zone and high seas, and right of geographically disadvantaged state etc.. Caracas negotiations were not successful in reducing such differences. The 1975 Geneva Session of the 3rd United Nations Conference on the Law of the Sea has developed the negotiation under the single negotiating text. The Session's important problems were, of course, the resource jurisdiction, especially fisheries in the economic zone and the question of the delimitation of the economic zone and the continental shelf. It is to be hoped that the burdensome takes of eliminating the differences found in the two sessions and finding an acceptable agreement be concluded in the near future session or sessions.
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金文達 경북대학교 법정대학 1973 法大論叢 Vol.11 No.-
The 1958 Conference on the Law of the Sea adopted four Conventions on the Law of the Sea. But they have not yet a universal character because many members have not entered into the Conventions due to a number of problems unreselved and newly emerged. The problems still awaiting solution are the breadth of the territerial sea on one hand and the preferential fishing claims of coastal states in the adjacent high seas on the other hand. The problem newly emerged is the legal regime of the deep-sea reseurces. Those problems are so closely connected with each other that the international circumstances would not make it possible for the Third Cenference on the Law of the Sea to solve them separately. This study has intended to analyse the above mentioned problems and to present the points to be discussed for the comming conference on the law of the sea.
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金文達 慶北大學校 1978 論文集 Vol.25-26 No.-
This paper's objective is to introduce the judicial system of United States and take it into consideration in improving our system in the future. The paper outlined 1) Indepenceden of Judicial Branch 2) the Jurisdiction of the Federal Courts 3) the Judicial Powr nad Orhanization of the Fedreal Courts 4) Judicial Councils and Conferences and the Federal Judicial Center and 5) Law and Procedure in the United States courts etc. In comparison with our system the following comments could be made in conclusion. First, the jurisdiction of federal courts is an extremely technical and complicated matters and also there are much confusion as to whether cases are merely to be decided by a different courts system or whether in addition they are to be decided accordingly to a different rules of law and a different procedure due to a dual judicial system, federal and states. There are, however, no such a handicap in our system. Second, in connection with an organization of courts it is to be hoped that various specialized courts like the United States system be set up for the performance of specialized functions and also administrative agencies be composed of lawyers to meet prompt and impartial decision as to administrative controversies. Third, the judgeships should be greatly increased to maintain court's functions. Taking example, 416 district judgeships in this country received 295,463 cases in the year of 1977 which were, in my opinion, too much overloaded in comaparison with 143,200 cases received by 400 federal district judgeships in the United States in the year of 1973. In addition to this situation, if administrative agencies were composed of lawyers, considerable increasing of judgeships will be needed. Fourth, system of Judicial Councils and Conferences and the Federal Judicial Center are worth considering favorably. It is, particulary, recommended that the Judicial Training Center in our system, which correspond to the American Judicial Center but is Concerned only with education and training for the newly appointed judgeships, be implemented and expanded to education and training activities for newly appionted judgeships as well as training sessions for all couts personnel and also to various study programs and seminars for improving efficiency in the management of court affairs.
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