國際橓構에 의한 海洋法 秩序의 形成 = The Formation of the International Law of the Sea Order by International Organization

다국어 초록 (Multilingual Abstract)

This dissertation is research about 'the formation of the international law of the sea order by international organization.' After historically viewing how sea occupying 70% of the earth surface has been possessed, I analyzed what roles the international organization has played to reconcile the confrontation and interest of each state on the basis of territorial waters, continental shelf and deep ocean floor and conclusively investigated the UN sea laws agreement and south and north issue. In conclusion, Arvid Pardo, the ambassador of Malta in UN suggested that deep ocean floor is the common heritage of mankind. This means that this water area is to be controlled and developed by independent organization so as to secure the earned profit as fund. Then, the intention is to solve the south and north issue (unbalanced wealth between the advanced country and backward country) by establishing international aid system for poor underdeveloped countries without relying on the advanced countries.
Viewed in historical perspective the UN Convention is a remarkable document. In sympathy with the demands df the Third World to develop a new international economic order, it seeks to ensure that the immense wealth of the sea-bed should be shared with the developing world; and yet it accepts, in the form of the new 200 mile exclusive economic zone, a new concept of national enclosure which builds upon and extends the concept of legal continental shelf and is the very antithesis not only of the traditional freedom of the seas but also of the spirit of international cooperation and sharing reflected in the idea of the new international economic order and the notion of the common heritage of mankind. The Convention will clearly have a major, long-term impact upon the law of the sea. That, however, is a matter of prediction rather than history.
However, owing to the adoption of 'Implementation Agreement,' such idea of Arvid Pardo is actually limited to ideal itself as a whole. How the parties of UN Convention on the Law of the Sea will solve this reality to correct the unbalanced wealth between the advanced country and backward country- this issue would constitute one of the tasks assigned to UN with respect to sea in the future.

목차 (Table of Contents)

• <目次>
• Ⅰ. 序論
• Ⅱ. 本論
• 1. 近代에서의 海洋法秩序의 秩序
• 2. 國際機構에 의한 海洋法 秩序形成
• 3. 제3차 UN海洋法會議와 UN海洋法協約
• Ⅲ. 結論