국제법상 혼합분쟁의 개념 규명과 국제재판소 관할권의 범위 및 한계

The aim of the paper is to clarify the concept of mixed disputes in international law, and to determine the scope and limitation of the jurisdiction of the international courts and tirubnals under Part XV of the United Nations Convention on the Law of the Sea. It is to analyze the criteria and scope of exercising jurisdiction by examining the cases rendered by the international courts and tribunals. In the international law academic debates, it has been controversial whether the international court and tribunal under Part 15 of the Convention can exercise its jurisdiction over the mixed disputes which includes the dispute over the interpretation and application of the Convention (hereinafter referred to as 'Disputes on the Convention on the Law of the Sea') and the other kinds of disputes such as territorial and boundary dispute other than that. In this paper, it attempts to reconceptualise the mixed disputes under international law and to classify the mixed dispute into two categories such as board and narrow terms. By analyzing the case laws which dealt with mixed disputes, it will show the necessity for the reconceptualisation and the grudal consolidation of the case law on the scope and limitation of the jurisdiction.