남극해양생물자원보존에 관한 협약과 유엔해양법협약의 법적 관계에 대한 소고 - 해양보호구역을 중심으로 -

This paper examines the legal relationship between the Convention on the Conservation of Antarctic Marine Living Resources (CAMLR Convention) and United Nations Convention on the Law of the Sea (UNCLOS) by interpreting their provisions and assessing their compatibility. Chapter II reviews the treaty provisions concerning the relationship between treaties as stipulated in UNCLOS and the CAMLR Convention. It analyzes the treaties referenced in the CAMLR Convention, as well as Articles 237 and 311 of UNCLOS, to clarify their legal relationship. Chapter III then specifically considers whether Marine Protected Areas (MPAs) established by conservation measures under the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), which implements the CAMLR Convention, are compatible with UNCLOS. Although UNCLOS does not explicitly refer to MPAs, international practice regarding their establishment has significantly expanded since its entry into force. Moreover, the recently adopted Agreement under UNCLOS on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) identifies area-based management tools, including MPAs, as a key means of environmental protection. Accordingly, this paper explores whether CCAMLR’s conservation measures relating to MPAs are compatible with UNCLOS. Lastly, the paper examines the applicability of UNCLOS in the Southern Ocean and the legal relationship between the CAMLR Convention and UNCLOS. In conclusion, the CAMLR Convention and UNCLOS operates in a mutually complementary manner in the Southern Ocean without conflict. UNCLOS functions as the fundamental legal framework, while the CAMLR Convention serves as a specialized agreement.