연안국 관할해역에서의 외국선박 통항제도에 관한 연구

Abstract

With the development of science and technology, the ocean is used in a variety of ways: from resource reservoir to the source of the power generation. However, it is obvious that the role of the ocean as the major traffic route which links nations in the international society has been predominant.

For legal matters, passage waters are classified into 5 categories: territorial waters where exclusive jurisdiction is valid (including inland or internal water), contiguous zones, 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 vessel 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. The freedom of passages (-and flights-) is guaranteed by the rule in the exclusive economic zone which is neither absolute high seas nor an absolute territorial region, though the exclusive rights for the economic benefits of the coastal states are guaranteed.

However, several problems and issues, associated with a vessel’s passage through coastal states maritime jurisdiction, have been emerging with the continuous increase of the interests in the importance of the environments protection and national security. The problems arise in the following cases: when a warship passes through or military activities are conducted in each water, when the vessel is a nuclear ship or carries hazardous materials, and when the type of the vessel is a submarine.

Therefore this study would explain those several issues, associated with the passage of foreign vessels, which can arise in coastal states maritime jurisdiction first. It would deal with the investigation on what kinds of imperfections or deficiencies have caused the current problems also. After that, suggestions of remedies would be discussed.

Arising problems related to vessel passages for each of the waters are discussed in the following order.

Chapter 1 explains the purpose of this thesis and its range.

Chapter 2 analyzes the passages in the coastal state’s maritime zones. Innocent passages in territorial waters, transit passages in straits used for international passages and passages in exclusive economic zones are discussed in order.

Chapter 3 deals with issues on passages in territorial waters and straits used for international passages. The innocent passages of warships, nuclear ships, the vessels with hazardous materials and submarines are covered in this chapter.

Chapter 4 looks into whether military activities in the economic exclusive zone are possible or not. The attitude of South Korea and that of foreign countries toward this issue are discussed, too.

And the last, Chapter 5, as a conclusion, describes the result of this study.