共同開發區域에 관한 연구

• 영문명: A Study on Joint Development Zones
• 발행기관: 한국해사법학회
• 저자명: 김현수(Hyun-Soo Kim)
• 간행물 정보: 『해사법연구』海事法硏究 第18卷 第1號, 45~68쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.03.01

영문 초록

  No generally accepted definition of "joint development" exists.
  Nevertheless, within a true joint development zone, the states concerned enter into a formal agreement in order to pool their sovereign rights for a specifically designated purpose, for example the cooperative development and exploitation of hydrocarbon resources.
  The key advantages that joint development zones offer are the potential to facilitate the resolution of otherwise intractable disputes, unblocking often longstanding deadlocked negotiations; JDZs facilitate the exploration and subsequent exploitation of seabed resources to begin without undue delay while curcumventing the contentious issue of sovereignty; JDZs avoid the need to embark on a potentially time-consuming and potentially highly costly boundary delimitation exercise-particularly where third party means of dispute resolution is the alternative; the drawing of a definitive boundary line is a once and for all process and thus often a lottery with regard to undiscovered resources, and lack of precise data concerning the scale, nature and area of hydrocarbon deposits in the disputed area raises the risk of dividing resources leading to considerable technical and management problems for the future.
  There are at least 20 examples of Joint Zone Agreements already in operation worldwide, the majority of which include previsions governing the exploration for and exploitation of hydrocarbons. This indicates the success and increasing popularity of the joint development concept as a means of resolving intractable disputes. The establishment of a JDZ may be undertaken as a temporary measures.
  In conclusion, where a hydrocarbon deposit straddles an existing international maritime boundary there is no obligation for the parties to unitise that transboundary resources. However, unitisation represents the most efficient and effective way to exploit an oil or gas field straddling a maritime boundary and is increasingly used in such case.

목차

Abstract
Ⅰ. 머리말
Ⅱ. 공동개발구역에 관한 이론적 고찰
Ⅲ. 공동개발구역 사례 분석
Ⅳ. 결론
참고문헌

키워드

공동개발구역 해양경계 잠정협정 경계획정 배타적 경제수역 대륙붕 대향국 인접국 주권적 권리 관할권 분쟁수역 어업협정 Joint Development Zone JDZ Maritime Boundary Delimitation EEZ Continental Shelf Opposite State Adjacent State Fishery Agreement Jurisdiction Dispute Zone