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논문 리스트

2023
The Problems of an Overlapping Maritime Zone and Obligations of States in the Zone 중첩수역의 문제와 중첩수역에서의 국가의 의무
법학연구소
방호삼
논문정보
Publisher
법학연구
Issue Date
2023-06-30
Keywords
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Citation
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Source
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Journal Title
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Volume
26
Number
2
Start Page
479
End Page
508
DOI
ISSN
12296910
Abstract
Some 180 areas where one or more of the maritime zones of two States overlap have not yet been delimited by a boundary. It is not easy to see what can be done or what cannot be done in overlapping EEZs or continental shelves. This is because rights or obligations are not clearly prescribed with respect to overlapping zones under rules of UNCLOS. The study looks at the concept and problems of overlapping maritime zones and analyzes the provisions regarding overlapping maritime areas to see obligations of States under UNCLOS. Obligations of States are laid down in UNCLOS, with regard to overlapping maritime zones. The obligation on States in terms of overlapping territorial seas is clear, as Article 15 of UNCLOS requires States concerned not to extend their territorial sea beyond the equidistance line unless there are special circumstances or issues of historic title. Articles 74 and 83 of UNCLOS concerns overlapping EEZs and continental shelves. The States concerned have a positive obligation to enter into negotiations to try to reach an agreement on the boundary. Where they are unable to reach such an agreement within a reasonable period of time, they shall resort to the dispute settlement procedures of Part XV of UNCLOS. Pending an agreement, States concerned have another oblig...

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방호삼 해양경찰학과