Arctic Sunrise호 사건에 대한 평석

The Arctic Sunrise case is the case major merit of which was the arrest of vessel under the UNCLOS regime. This Arbitration was established under the Annex 7 of the UNCLOS. Netherlands won the case and the Arbitral Awards concluded that the arrest of vessel by Russia could not be established under the UNCLOS. This case is the first which mattered the arrest of vessel, not a fishing vessel, under EEZ of a coastal State. Under the UNCLOS, a coastal State can exercise its own sovereignty, or sovereign right and exclusive jurisdiction according to its various maritime area. In the EEZ, the exercise of its own jurisdictional authority has its own peculiarity. Even a coastal State has overall and comprehensive power with regard to economic activities, but a law enforcement jurisdiction of a coastal State in the EEZ is limited than this power on the UNCLOS according to the Arbitration awards of the Arctic Sunrise. In this regards, this case law has its meaning, but it needs more time and cases to get refined legal jurisprudence established about the exercise of law enforcement jurisdiction to the vessel of a non-coastal State. In addition this case showed several issues substantially and procedurally. Specially a decision on legal standing of a flag State in the case with regard to arresting vessel has given some effect on a successive case.