해양관할권의 확대 및 강화의 역사적 전개와 미중 양국의 갈등

The extension of maritime jurisdiction and opposition to it can be understood in the historical context of the law of the sea and the confrontation between the maritime powers and the coastal states. The extension is also called creeping jurisdiction. It includes institutionalization of the territorial sea and establishment of its breadth, institutionalization and extension of the continental shelf, introduction of the EEZ, and other attempts to establish additional maritime regimes. Creeping jurisdiction will proceed not only over the division of the ocean, but also over the legal status of the jurisdiction. For example, it may include measures imposing restrictions on foreign vessel’s military activities or specific actions therein. Specifically it is called a policy of territorialization of the EEZ or thickening jurisdiction. There have been continuing conflicts over the extension and strengthening of maritime jurisdiction between the maritime powers and the coastal states. The South China Sea dispute between the US and China may also be understood in that context. China, which had claimed jurisdiction over the South China Sea, was defeated at the arbitration case in July 2016 under the Convention on the Law of the Sea. In this regard, this article addresses historical development of creeping jurisdiction and thickening jurisdiction in the context of the conflict between the two countries. Examining historical development of maritime jurisdiction will serve as an important tool for understanding the conflict between the two countries.