인공지능(AI)의 등장과 유엔해양법협약 제59조의 재조명

The Emergence of Artificial Intelligence and the Revitalization of Article 59 of the United Nations Convention on the Law of the Sea

In recent years, the question of how the law should respond to the rapidly changing society brought about by the development of artificial intelligence has been a topic of great interest in all areas of law, both national and international. The law of the sea is also being challenged at an alarming rate by the development of AI, including the development and introduction of autonomous ships. In the EEZ, which was created as a sui generis body of water by the 1982 United Nations Convention on the Law of the Sea, there have been tensions and conflicts between coastal states and maritime powers over rights and obligations since the adoption of the Convention, and these conflicts are taking on a new dimension with the rapid development of AI. The explosion of surveillance and reconnaissance capabilities provided by AI, coupled with the miniaturization and commoditization of many key pieces of equipment, is transforming the global security landscape by making surveillance and reconnaissance capabilities extremely accessible. As a result, littoral states have come to believe that their security is seriously threatened. The littoral states' perception of AI as having a negative impact on national security is also reflected in the EEZ, where they fear that AI could “automatically” influence their fishing industry, conduct substantive marine scientific research, or conduct intelligence gathering activities against them based on algorithms. In the face of these challenges to the current ocean law regime posed by the emergence of AI, this paper revisits the function and role of Article 59 of the United Nations Convention on the Law of the Sea, which provides a “basis for the settlement of disputes concerning the attribution of rights and jurisdiction in the exclusive economic zone”. In particular, it examines the applicability of Article 59 by examining the concept and applicability of “equity” as an expression of “justice” in international law.