국제해양법상 오염자부담원칙에 관한 연구 - 해양투기에 대한 런던의정서를 중심으로 -

Marine environmental protection is the field of international law, where the purposes, principles and approaches of jurisdictional rules and international environmental laws exist together to form the ‘International Marine Environment Law’. Concerns about marine pollution are increasing over time, and are one of the developments noted by the field of international law. This perception has led to the spread of legal regulations for each country to address significant threats to the protection of the marine environment. But the nation at sea is not as free as it is on land in taking protective measures. Therefore, it is necessary to respect international norms, which impose certain restrictions on maritime infrastructure activities of coastal countries. Despite the purpose of regulating the dumping of all waste and other materials, the London Protocol itself has limitations in regulating the dumping of ‘all’ of marine life. First of all, since the concept of marine dumping regulates only marine speculation by means of transportation, there are limitations that cannot be applied when pollutants such as waste from ships and other materials and land-based waste, which are the main source of marine pollution, are directly dumped in coastal waters through Pipelines. In other words, the London sentiment alone is not enough to regulate maritime speculation. In addition, the principle of ‘Polluter’ in London Convention is not clear on the agreed scope of contaminated and is often interpreted in a context consistent with one’s own field. This is why it is necessary to present authoritative norms to judge the introduction of the principle of polluter burden in international documents. The London Protocol calls for taking a proactive approach to protect the marine environment from the dumping of waste and other materials as a general obligation for each country, and requires the polluters to bear the necessary costs for pollution prevention and control in accordance with the principle of polluter burden. The London Protocol has been adopted as a new protocol that comprehensively and substantially replaces the London Convention, but it is taking a passive stance on jurisdiction over coastal states, as is the London Convention. Therefore, it is necessary to redefine the concept of marine speculation and to introduce a supplementary jurisdiction system.