• Title/Summary/Keyword: Legal status of continental shelf

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The right and duties of the coastal state over the continental shelf (연안국의 대륙붕에서의 권리와 의무)

  • Lim, Chae-Hyun;Lee, Yun-Cheol
    • Proceedings of the Korean Society of Marine Engineers Conference
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    • 2006.06a
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    • pp.137-139
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    • 2006
  • The Continental shelf is important part of the coastal states' jurisdiction at sea, because there are many natural resources in continental shelf. This paper examines the concept and legal status of the continental shelf, the limit of the continental shelf, and expecially the rights and duties of the coastal state relating to its continental shelf.

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A Study on the Regime of Island and Dokdo on the UNCLOS (해양법상 섬제도와 독도)

  • Kwon, Moon-Sang
    • Ocean and Polar Research
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    • v.24 no.4
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    • pp.501-524
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    • 2002
  • Article 121 of the UNCLOS stipulates the regime of islands and grants different jurisdictions to islands and rocks. Especially, paragraph 3 gives different definitions and distinguishes the legal status of between islands and rocks. That is, rocks, which cannot sustain human habitation or economic life cannot have their own EEZ, continental shelf or the great-sphere maritime jurisdiction. In this paper various theories and state practicess on islands and rocks are examined with reference to Article 121 of UNCLOS. Also, the status of Dokdo as a rock or an island is examined in accordance with the interpretation of Article 121 of UNCLOS. National legislations, practices, and many scientific opinions are often contradictory and controversial with respect to the interpretation of Article 121 of the UNCLOS. However, it is believed that Article 121 of UNCLOS, particularly paragraph 3 has to be interpreted more strictly. That is because the highly developed modem scientific technology can be meaningless when the criteria of Article 121 of UNCLOS are to be inappropriately applied. Insular figures like ${\ulcorner}rocks{\lrcorner}$ could bring the inequitable effects disadvantageous toward the other party when the maritime delimitation is applied. Claiming and Intentionally extending maritime zone of a coastal states by assigning EEZ for small insular figures like ${\ulcorner}rocks{\lrcorner}$ is over-zealous nationalism which is illegal, and such practices must be recognized as actions bringing great harm to the neighboring nations and demise of the sprit of all mankind.