해양경계획정을 위한 특별한 상황의 검토

Examination of Special Circumstances for Maritime Boundaries Delimitation

Every State has common interests in the oceans. These interests led to the extension of maritime jurisdictional zone, and the extension of its has brought the dispute about maritime boundaries delimitation. International community has convened United Nations Conference on the Law of the Sea for the purpose of governing use of oceans. As a result, they has concluded four Geneva Conventions about use of oceans in 1958, and United Nation Convention on the Law of the Sea in 1984. Rules for delimiting maritime boundaries have also been negotiated at this conferences, they agreed on the rules of maritime boundaries delimitation, but dropped the specific rules. The Territorial Sea Conventions and the Continental Convention in 1958 provided median or equidistance methods and special circumstances, but did not explained what special circumstances are. Also UNCLOS articulated the equitable result, but did not suggested the specific methods for achieving equitable result. It is clear that we must consider principle of equity for equitable maritime boundaries delimitation. Also considering principle of equity is the same as thinking special circumstances in the particular cases. In this paper I will explain the role of equity in the maritime boundaries delimitation and what special circumstances mean. In the North Continental case, ICJ said that ‘there is no legal limit to the considerations which States may take account of for the purpose of making sure that they apply equitable procedures.’ therefore we cannot make norms about special circumstance, but can categorize them by analyzing the precedents. I will explain three categories of special circumstances in this paper. The first circumstances are geographical factors, the second things are geological factors, and the last are social, economic and environmental factors. In theory, equity means perfect equilibrium but realistically indicates the closest status to the equilibrium, so I think we must make efforts not to happen the unequitable results in the cases.