해양경계획정의 과정에서 섬의 정의, 권원 및 효과에 관한 고찰

The Definition, Entitlement and Effect of an Island or Islands in Maritime Boundary Delimitation

Article 121 of the 1982 UNCLOS dealing with the regime of islands has caused scholarly controversy because of its ambiguity. However, international courts and tribunals have clarified the definition, entitlement and effect of an island or islands, applying Article 121 of the UNCLOS in the process of maritime boundary delimitation International courts and tribunals have acknowledged geographical features above water at high tide as islands, irrespective of their geological composition or size, and have accorded to them the 12NM territorial sea. Moreover, the 12NM territorial sea, in itself, having been granted to islands is one example of an equitable solution which maritime delimitation aims to achieve. Nevertheless, islands, which have entitlements to the 12NM territorial sea, can be accorded inconsistent effects in the process of maritime delimitation so as to produce an equitable result in a certain case. In other words, the role of an island or islands is indeterminate in a given delimitation case. In conclusion, international courts and tribunals, clarifying the definition, entitlement and effect of an island or islands in maritime boundary delimitation, have somewhat reduced the ambiguity of Article 121 of the UNCLOS.