船舶通航 관련 國家管轄權에 관한 法的 硏究

Abstract

The range of passage waters on the jurisdiction of the coastal state was narrowly accepted for a long time by the force of the Maritime powers. On the contrary, the marine water for free use of the country has widely maintained like the high seas.

The traditional order of the oceans based on the "narrow territorial sea, wide high sea" paradigm has been changed because the coastal states demanded for expansion of maritime jurisdiction. The conflict over territorial seas was settled by the 1982 United Nations Convention of the Law of the Sea.

The passage water may be classified to territorial waters where exclusive jurisdiction is valid including internal waters, contiguous zone, straits used for international passages, exclusive economic zones, and high seas which is open to every nation regardless of whether it is coastal or landlocked.

Every ship has a right for innocent passages in territorial waters, and a right for transit passages in international straits and archipelagic waters regardless of its nationality. And all states in the exclusive economic zone also have the freedom of navigation and right of overflight referred to in article 87 of UNCLOS.

Although established several regulation related to passage water, the various problems related to ship's passage through coastal states maritime jurisdiction are issued. It caused by increasing interests of the coastal state on the importance of the national security and environmental protection.

Under priority of implementation for jurisdiction of ship's flag, it is difficult to effectively achieve the national security and marine environmental protection. Therefore international security and protection of the marine environment need to be accessed through the strengthening of the coastal State jurisdiction. In other words, it should strengthen the jurisdiction of coastal States to realize its security and protection of the marine environment effectively.

However, this enhanced jurisdiction of the coastal State should be recognized by international agreements and international conventions. It should not be excessive enforce jurisdiction over water by arbitrary interpretation or application of the each nation.

As the passage of ships through coastal states maritime jurisdiction increases, the discussion for the application and scope of the coastal state jurisdiction is necessary in order to strengthen coastal state jurisdiction.

This paper examines the various problems associated with passage of ships in coastal states maritime jurisdiction and analyze for the national and international laws and regulations relating to national jurisdiction. The objective of this paper is to suggest the improvement of the national and international laws and regulations related to the problems of national jurisdiction regarding ship's passage.