인공지능(AI)의 등장과 유엔해양법협약 제59조의 재조명

• 영문명: The Emergence of Artificial Intelligence and the Revitalization of Article 59 of the United Nations Convention on the Law of the Sea
• 발행기관: 국제법평론회
• 저자명: 서영민(Youngmin Seo)
• 간행물 정보: 『국제법평론』제69호, 61~86쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2024.10.31

국문 초록

In recent years, the question of how the law should respond to the rapidly changing society brought about by the development of artificial intelligence has been a topic of great interest in all areas of law, both national and international. The law of the sea is also being challenged at an alarming rate by the development of AI, including the development and introduction of autonomous ships. In the EEZ, which was created as a sui generis body of water by the 1982 United Nations Convention on the Law of the Sea, there have been tensions and conflicts between coastal states and maritime powers over rights and obligations since the adoption of the Convention, and these conflicts are taking on a new dimension with the rapid development of AI. The explosion of surveillance and reconnaissance capabilities provided by AI, coupled with the miniaturization and commoditization of many key pieces of equipment, is transforming the global security landscape by making surveillance and reconnaissance capabilities extremely accessible. As a result, littoral states have come to believe that their security is seriously threatened. The littoral states' perception of AI as having a negative impact on national security is also reflected in the EEZ, where they fear that AI could “automatically” influence their fishing industry, conduct substantive marine scientific research, or conduct intelligence gathering activities against them based on algorithms. In the face of these challenges to the current ocean law regime posed by the emergence of AI, this paper revisits the function and role of Article 59 of the United Nations Convention on the Law of the Sea, which provides a “basis for the settlement of disputes concerning the attribution of rights and jurisdiction in the exclusive economic zone”. In particular, it examines the applicability of Article 59 by examining the concept and applicability of “equity” as an expression of “justice” in international law.

목차

Ⅰ. 서 론

Ⅱ. 인공지능(AI)의 등장과 연안국의 우려

Ⅲ. 유엔해양법협약의 특징: 개방형 기본골격 조약

Ⅳ. 유엔해양법협약 제59조의 재조명 필요성

Ⅴ. 국제법상 형평의 개념과 유엔 해양법협약 제59조의 해석

Ⅵ. 소 결

키워드

인공지능 유엔해양법협약 잔존권리 배타적 경제수역 형평 Artificial Intelligence UNCLOS Residual Rights EEZ Equity