해양경계획정에 있어 분쟁당사국간 행위의 법적 효과-페루와 칠레 사건을 중심으로 KCI

Title
해양경계획정에 있어 분쟁당사국간 행위의 법적 효과-페루와 칠레 사건을 중심으로
Alternative Title
Legal Effect of Activities between Dispute Parties in the Maritime Boundary-Focused on Maritime Dispute between Peru and Chile
Author(s)
이창열
KIOST Author(s)
Lee, Changyoul(이창열)
Publication Year
2014-04
Abstract
International Court of Justice(ICJ) determined that the course of the single maritime boundary between Peru and Chile on 27 January 2014. The controversial issue was whether there is an agreed maritime boundary between the Parties in this Case. The Court examined the following facts. First, does the 1947 Proclamations of Chile and Peru establish an international maritime boundary. Second, does the 1952 Santiago declaration was signed by Chile, Ecuador and Peru provide a maritime boundary between the Parties. Third, do the 1954 Agreements reflect a tacit agreement which the Parties had reached earlier. Fourth, do the 1968-1969 lighthouse arrangements include the factor concerning a maritime boundary.
The Court concluded that the 1954 Special Maritime Frontier Zone Agreement cements the tacit agreement which that the maritime boundary along a parallel already existed between the Parties. The 1954 Agreement, however, gives no indication of the nature and extent of the maritime boundary. The Court ruled that the agreed maritime boundary between the Parties extended to a distance of 80 nautical miles along the parallel from its starting-point.
I have some questions about the reasoning and judgment of the Court. This paper will analyze legal validity of the judgment, going through separate and dissenting opinions, and other Cases relating to maritime delimitation.
ISSN
1226-7880
URI
https://sciwatch.kiost.ac.kr/handle/2020.kiost/1617
Bibliographic Citation
국제법평론, no.39, pp.135 - 165, 2014
Publisher
국제법평론회
Keywords
Tacit Agreement; Peru and Chile; the Peace Line; Northern Limit Line; Maritime Boundaries Delimitation; 묵시적 합의; 페루와 칠레; 평화선; 북방한계선; 해양경계획정
Type
Article
Language
Korean
Publisher
국제법평론회
Related Researcher
Research Interests

Maritime Delimitation,BBNJ,International Disputes Settlement,해양경계획정,국가관할권 이원지역 해양생물다양성 보존 및 지속가능이용,국제분쟁해결

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