해양과학조사에 대한 해양강대국과 연안국의 갈등 - 규범화를 둘러싼 대립의 본질과 법정책학적 대안의 모색 -

Marine Scientific Research(MSR) has been one of the most controversial issues between Maritime Powers and coastal States since the second World War. As the developed countries heavily invested in pure and applied scientific research on the sea in the 1950s and 1960s, newly independent developing states were concerned about the possibility of being placed at a disadvantage in the exploitation of marine resources. There was also a concern that MSR could have military repercussions. Both sides have long been opposed to each other over the legal status of the MSR regime since the beginning of the third UN Conference on the Law of the Sea. As a result, the definition of MSR was not stipulated in the 1982 UN Convention on the Law of the Sea(LOSC). As there is a wide gap between the viewpoints of the two groups, conflicts over the MSR activities in the areas under national jurisdiction are not expected to be settled in the near future. This kind of conflicts should be understood in the context of the maritime policy implementation and policy oriented jurisprudence in the long run. Taking into account state practice, this article addresses relevant issues regarding conflicts over MSR between the two sides. Specifically, it examines several issues, including the relevant provisions in the 1982 LOSC, as well as conflicting positions of coastal States and Maritime Powers. A future prospect is added as concluding remarks. With regard to conflicts between Maritime Powers and coastal States, the United States and China, together with Korea and Japan, were mentioned as examples. The United States has been a traditional Maritime Power since the late nineteenth century, while China had been a Continental Power for a long time. However, China is changing into a Maritime Power recently. It remains to be seen how China could make alterations on its maritime policy.