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제3차(第3次) 해양법회의(海洋法會議)와 해양국제법(海洋國際法)의 신동향(新動向)
김수만 ( Schu Man Kim ) 국방대학교 안보문제연구소 1976 국방연구 Vol.19 No.1
The First U.N. Conference on the Law of the Sea in 1938 Concluded four multilateral conventions dealing with (a) Territorial Sea and the Contiguous Zone; (b) High Sea; (c) Continental Shelf; (d) Fishing and Conservation of the Living Resources of the High Sea. This Conference, as well as the second one in 1960, failed to reach agreement on the breadth of the territorial sea, the precise outer boundary of the continental Shelf, and many other issues. As a result of three major developments during past 15 years, namley growing tendency by many countries to extend unilaterally their claims over 200 nautical miles from the shore. The problem has increased international relation over the degradation of the marine environment, and mankind`s increasing ability to exploit both living and mineral resources of the oceans and seabeds. Before the third U.N. Conference on the Law of the Sea, the groundwork for the Conference was laid at a series of six preparatory meetings from 1971 to 1973 of the U.N. Committee on the Peaceful Uses of the Seabed and Ocean Floor Beyond the Limits of National Jurisdiction, so called the U.N. Seabed Committee. The third U.N. Conference on the Law of the Sea began in New York City with the first session December 3-14, 1973. The second, substantive conference session took place in Caracas, June 20-August 29, 1974, the third session in Geneva, March 17-May 9, 1975, and the fourth session is taken place twice in New York City, March 15 this year and is going on yet. Just as we have mentioned above, the groundwork of the conference was prepared for three years by the U.N. Seabed Committee and it`s sessions have been hold several times for a long time, but in spite of all these efforts, have not yet reached any agreement to adopt an international convention dealing with all matters relating to the law of the sea. Now, we need to know the reasons that an agreement has not reached yet. Indeed, Seeking of each national interests is the real obstacle to achieve an agreement. The national interests on the law of Sea involve the economical resources and military interests. The former is living and mineral resources, the latter is free transit or unimpeded transit of the warship and submarine through and overs traits used for international navigation. On the transit of the warship and submarine in. international straits, on group of States insists free transit of the Warship and submarine, and the another claims innocent passage. In my paper, I have studied principally the results of agreement on the living and mineral resources of the sea and two the opposit groups, insisting of free transit and maintaining innocent passage in the international straits among the representatives of all nations.
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