공해자유원칙과 인류공동유산원칙의 관계에 대한 연구‒BBNJ 협상상 쟁점을 중심으로‒ KCI

Title
공해자유원칙과 인류공동유산원칙의 관계에 대한 연구‒BBNJ 협상상 쟁점을 중심으로‒
Alternative Title
A Study on the Relationship between the Principle of the Freedom of the High Seas and the Principle of the Common Heritage of Mankind‒focused on the BBNJ Negotiations‒
Author(s)
모영동; 이창열
KIOST Author(s)
Lee, Changyoul(이창열)
Publication Year
2020-10
Abstract
The international community is currently negotiating to elaborate the text of legally binding international instruments on the conservation and sustainable use of marine biological resources in the areas beyond national jurisdiction. However, the BBNJ Intergovernmental Conference is facing a wide divergence of opinion on the relationship between two main principles of the UNCLOS, namely the principle of the freedom of high seas and the principles of common heritage of mankind.
A group of states argue that the relationship between them is not mutually exclusive. The argument implies that the principles of common heritage of mankind can be extended to marine genetic resources in the Area and water column of high seas. However, the other group maintains that the relationship is mutually exclusive, which means the principle of high seas governs the marine genetic resources in ABNJ.
This article attempts to identify the relationship between the two principles by reviewing conceptual backgrounds, history and proceedings. As a result, the principles of the freedom of high seas and the principles of common heritage of mankind under UNCLOS was established for different geographical and material scopes. As a result, this study arrives at the conclusion that the two principles are separate principles that cannot be argued for compatibility or possible conflict from the outset.
ISSN
1226-7880
URI
https://sciwatch.kiost.ac.kr/handle/2020.kiost/38771
Bibliographic Citation
국제법평론, no.57, pp.91 - 114, 2020
Publisher
국제법평론회
Keywords
Freedom of High Seas; Common Heritage of Mankind; the Area; BBNJ; Marine Genetic Resources; Benefit Sharing; High Seas; 공해자유원칙; 인류공동유산원칙; 국가관할권이원; 심해저; 해양유전자원
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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