공해자유원칙과 인류공동유산원칙의 관계에 대한 연구‒BBNJ 협상상 쟁점을 중심으로‒

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.