유엔해양법협약상 영해에서의 연안국 행위에 대한 재판관할권

Article 297 of UNCLOS suggests the limitations on jurisdiction of disputes concerning the interpretation or application of this Convention with regard to the exercise by a coastal State of its sovereign right or jurisdiction provided for this Convention. UNCLOS, however, dose not articulate any limitations on jurisdiction of disputes concerning the interpretation or application of this Convention with regard to the exercise by a coastal State of its sovereignty in the territorial sea. Therefore, as the case may be, this fact will cause a problem of whether a court or tribunal referred to in article 287 can have jurisdiction over the exercise by a coastal State of its sovereignty in the territorial sea. This is highly crucial issue, since it means that a court or tribunal under the UNCLOS can have jurisdiction over the disputes with regard to the exercise by Korea of its sovereignty in the vicinity of Dokdo. In particular, article 297(2) and (3) imposes limitations on jurisdiction of certain disputes with regard to marine scientific research and fishery in the exclusive economic zone or Continental shelf, not in the territorial sea. Accordingly, it would be a problem of whether a court or tribunal under the UNCLOS can have jurisdiction over disputes with regard to marine scientific research and fishery in the territorial sea. This study examines the two followings in order to solve the issues as above. First of all, it is possible to construe that article 297 of UNCLOS also restricts the jurisdiction over the dispute with regard to the exercise by coastal State of its sovereignty in the territorial sea. Second, it is whether the disputes related to the exercise by coastal State of its sovereignty in the territorial sea can arise.