외국관할수역에서의 해양과학조사의 제문제

A Study on the Marine Scientific Research in the Foreign Jurisdictional Waters

This paper reviews differences and overlaps between hydrographic surveying and marine scientific research in the Exclusive Economic Zone(EEZ), including the concept of military survey. It concludes that recent trends with technology, the utility of the hydrographic data and State practice suggest that hydrographic survey should be under jurisdiction of the coastal State. There are two views on whether a Marine scientific research(MSR) includes a military survey or not. Considering UNCLOS is not much effective in solving troubles in military matters, developing a national EEZ legislation is most likely to discourage and restrain military maneuvers in the EEZ in the Korean waters. But, cooperative approaching method is a realistic way to reduce tension. And, it will be also useful to consider soft law and pragmatic approach.