유엔해양법협약상 분쟁해결제도에 관한 연구

Abstract

In recent times, due to rapid development of maritime science technologies and the establishment of newly independent countries, the tensions among countries have been intensified in using and controling many types of the sea. According to complicated maritime circumstances being surrounded by the international maritime system, international disputes related to the ocean have been increasing and the need for a new revision on the existing maritime system is needed

Developed countries in the field of maritime are trying very hard to analyze and authorize the matters internationally that could affect maritime policies, industries and economic structures. and which are an effort for reflecting the benefit of nation in international agreements involving in the ocean.

Korea is also observing the settled conventions in order to be adapted for rapidly changing maritime system and to improve domestic law system as a member of international maritime society.

The UN convention on the Law of the Sea which is a comprehensive and overall on the sea has played important roles in establishing and maintaining orders at the sea which is full of potentially occurred disputes. Especially the system for settling disputes Under the UN convention on the Law of the Sea is being recognized as a unique system for enhancing the value of the UN convention on the Law of the Sea. However a new law under the convention on the law on the Sea would also means that this could raise many disputes on interpretation or applications of The UN convention on the Law of the Sea and there are chances that the sharp conflicts among the nations can be grown to a great extent

This study is focused on how international maritime disputes were settled through both general way and unique way based on the UN convention on the law of the sea politically and judicially. Especially, it is also focused on the role of ITLOS and unique analyzing methods of settling international disputes.

Firstly, disputes on the Law of the Sea indicate that they could be caused by both the interpretation and the usage of the sea. they also indicate the disputes regarding on water jurisdictions and waters away from jurisdictions.

With regard to the methods for resolving international maritime disputes cases, there are both ways to handle them in politically and judicially. Considering varieties and specialties, the UN convention on the Law of the Sea provides with special process and system

As a dispute settlement process under the UN convention on the Law of the Sea, there are the International Tribunal for the Law of the sea(ITLOS), the International Court of Justice(ICJ), the Permanent Court of Arbitration(PCA), and the Special Court of Arbitration. Especially ITLOS is mainly dealing with the maritime related conflicts among the nations

After the research on the methods for dispute settlement cases and research on the organization and jurisdiction of ITLOS, I found out that the guidelines in choosing the Court-case to settle the dispute by force are ambiguous. Also, the effort for resolving budget management problems and effort for taking transparency in organizing trial members of ITLOS are apparently needed.

It is also necessary to apply various dispute cases to ITLOS which is neither based on a few fields, nor based on only small scope of judgements.