지방자치단체 상호간의 해상경계획정 분쟁에 대한 국제법적 제언

Some Basic Principles of the Law of the Sea Regulating Maritime Delimitation between Local Governments

In order to reasonably solve the disputes between local governments over the maritime delimitations, the question should firstly be settled down by legislation whether the sea and its subsoil could fall into the jurisdiction of local governments. The lack of such legislation has created acrimonious debates among scholars and lawyers. However, this article starts with the position that the sea may also be included in the jurisdiction of local governments. Generally speaking, the two approaches are useful to make contribution to the research on the settlement of the disputes and the arrangement of effective legislation. One is comparative approach to foreign legislation and the other is to opt out useful principles from relevant international law. This article is focused on the latter approach, because the former one has been exhaustively researched by scholars in the field of administrative law. In this regard, this article attempts to introduce some basic principles of the law of the sea regulating maritime delimitation and to explain their applicability to the disputes between local governments and their implications thereof in order to propose some desirable directions of the relevant policies.