유엔해양법협약상 해양과학조사와 운용해양학 개념의 정합성에 관한 연구

Abstract

The Convention on the Law of the Sea(UNCLOS) is difficult to amend flexibly, so it does not provide a clear legal basis for newly invented technology, equipment, or activities due to the development of science and technology. The concept of operational oceanography recently discussed is similar to marine scientific research(MSR) in UNCLOS, but it is confusing in interpretation because no clear terms are specified, so the international community's opinions on the concept of operational oceanography and applied law are divided. The purpose of this paper is not to define the legal definition of operational oceanography, but to identify problems that may be considered due to the legal ambiguity of operational oceanography and to predict how they can affect Korea. As a result, operational oceanography is likely to be used in “Lawfare”, the concept of ‘using law as a weapon', and it could affect countries with maritime boundary delimitation issues depending on the results of future international discussions. This situation is not irrelevant to Republic of Korea, and as an addition to this, this study tried to consider basic countermeasures.