지방자치단체 상호간의 해상경계획정 분쟁에 대한 국제법적 제언

• 영문명: Some Basic Principles of the Law of the Sea Regulating Maritime Delimitation between Local Governments
• 발행기관: 국제법평론회
• 저자명: 신창훈(Chang Hoon SHIN) 이석우(Seok Woo LEE)
• 간행물 정보: 『국제법평론』제28호, 149~172쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.10.30

영문 초록

In order to reasonably solve the disputes between local governments over the maritime delimitations, the question should firstly be settled down by legislation whether the sea and its subsoil could fall into the jurisdiction of local governments. The lack of such legislation has created acrimonious debates among scholars and lawyers. However, this article starts with the position that the sea may also be included in the jurisdiction of local governments. Generally speaking, the two approaches are useful to make contribution to the research on the settlement of the disputes and the arrangement of effective legislation. One is comparative approach to foreign legislation and the other is to opt out useful principles from relevant international law. This article is focused on the latter approach, because the former one has been exhaustively researched by scholars in the field of administrative law. In this regard, this article attempts to introduce some basic principles of the law of the sea regulating maritime delimitation and to explain their applicability to the disputes between local governments and their implications thereof in order to propose some desirable directions of the relevant policies.

목차

Ⅰ. 머리말

Ⅱ. 지방자치단체 구역으로서의 해역(maritime spaces)의 범위

Ⅲ. 지방자치단체간의 해상경계획정 분쟁

Ⅳ. 맺음말

키워드

해양법 지방자치단체 해상경계획정 분쟁해결 law of the sea local governments maritime delimitation dispute settlement