유엔해양법협약 분쟁해결 강제절차와 관련 실행에 관한 고찰

Introducing substantive provisions relating to various maritime issues, the 1982 Law of the Sea Convention(LOS Convention) established innovative dispute resolution system including compulsory procedure. However, the dispute settlement system of the Convention is not simple. Given the decentralized system of international community and negative attitude of states against the compulsory procedure, the LOS Convention allowed the states the right to choose courts or tribunals and to exclude their disputes from the procedure. Considering the growing importance of the new dispute settlement system, this article analyzed the conditions for compulsory procedure, jurisdiction of the courts, limitations and exceptions to the jurisdiction, and provisional measures. Part 15 of the LOS Convention has some provisions relating to conditions for compulsory procedure. As exchange of views has been considered an important condition for the procedure, this article examined relevant practices of states Article 288 provides that courts such as the ITLOS and Annex 7 Arbitral Tribunal have jurisdiction over disputes relating to interpretation and application of the LOS Convention. However, there are some debate over jurisdiction to the so-called mixed cases. This article examined relevant practices of the courts. Article 297 provides limitations on applicability of compulsory procedure. According to Article 298 of the LOS Convention, states could declare that it does not accept the compulsory procedures with respect to disputes concerning maritime delimitation and historic bays. This article tried to examine decisions of international courts and tribunals to confirm the extent of the declarations and exceptions. For Korea, one of the world’s great maritime and trading countries, the compulsory and binding dispute settlement system of the LOS convention is good for the national interest. However, the compulsory procedure could be burdensome in questions relating to ownership over maritime features.