연안국 해양수역확대가 국제해양질서에 미치는 영향

In the past states gained sovereignty over new territories through various ways such as conquest and occupation. On the contrary, the state's desire for more space were held down at sea, because ocean space remained as a space being controlled principally by the of principle of freedom. However, the traditional order of the oceans based on the "narrow territorial sea, wide high sea" paradigm came to meet repercussion because of coastal states' efforts to consolidate their jurisdiction over maritime zones such as EEZ and Continental Shelf. As Professor Bernard Oxman aptly put it, ocean looms large as a substitute for the land territory from the perspective of 'territorial temptation'. If the coastal states' thrust to expand their jurisdiction continues, the multilateral system established by the LOS Convention could be under pressure to change. Invoking LOS Convention provisions, coastal states have been trying to expand their territorial sea, archipelagic waters, Exclusive Economic Zone, and continental shelf as far as possible. They try also to strengthen their control over their maritime zones. As a part of space under territorial sovereignty of a state, territorial sea is not an object to strengthen more its national jurisdiction. Excessive straight baselines established by some coastal states are matters of concern, because these could be a origin for excessive maritime zones. Exclusive Economic Zone(EEZ) pursues balance between coastal states' desire to expand their national jurisdiction and traditional freedom of high sea principle. Considering that EEZ is a relatively new jurisdiction, coastal states are anticipated not to try to strengthen their jurisdiction excessively. New continental shelf system introduced by the LOS Convention allows coastal states to expand their jurisdiction over continental margin which lies beyond 200 miles from baselines through the natural prolongation of land territory. As the Commission on the Limit of the Continental Shelf(CLCS) starts its work in full-scale, states will decide on exact scope of their continental shelf beyond 200 miles derogating the Area, the Common Heritage of Mankind. Despite the territorial temptation or extending and strengthening national jurisdiction over national maritime zones, world community is not expected to face pressing needs to revise or abrogate the LOS Convention. However, it is necessary to find ways to accommodate the territorial temptation into the sea within the framework enshrined in the multilateral system on the law of the sea.