오세아니아 지역 국가의 헌법상 해양관할권 규정

Abstract

This paper analyzes how maritime jurisdiction is regulated in the constitutions of thirteen countries in Oceania, except New Zealand, which has no written constitution. As a result of analyzing territorial provisions in the constitutions, ten countries have territorial provisions by which the extent or boundary of their own territories is directly or actively regulated. In comparison, five countries mention one or more of the concepts of maritime jurisdiction in their own constitutions: The territorial sea is mentioned in four constitutions; the continental shelf in three constitutions; the exclusive economic zone in just one constitution; the internal waters in five constitutions; and the archipelago in three constitutions. Regarding the three basic concepts of the territorial sea, the continental shelf and the exclusive economic zone, all three concepts are mentioned just in one constitution (Papua New Guinea), and two concepts of the territorial sea and the continental shelf are mentioned in one constitution (Palau). Only one of the three concepts is mentioned in the other three constitutions: the territorial sea in two constitutions of the Marshall Islands and Tuvalu, and the continental shelf in one constitution of the Federated States of Micronesia. These concepts of maritime jurisdiction are mentioned: To regulate the spatial extent of state sovereignty and jurisdiction in four constitutions (Micronesia, Palau, Papua New Guinea, and Tuvalu); to regulate the domestic distribution of maritime jurisdiction between the federal or central government and state or local governments in two constitutions (Marshall Islands and Papua New Guinea); and to regulate the attribution of ownership of marine space and marine resources within the jurisdiction of the state in one constitution (Papua New Guinea). As to the extent or boundary of maritime jurisdiction, 200 nautical miles of territorial waters or maritime jurisdiction are stipulated in the two constitutions (Micronesia and Palau), and only one constitution (Tuvalu) entrusts it with a law. However, there are no constitutions in Oceania that prescribe that the extent or boundary of maritime jurisdiction is regulated in accordance with international laws, such as treaties. Rather, there are two constitutions of Marshall Islands and Papua New Guinea, which mention the concepts of maritime jurisdiction, but remain silent about the extent or boundary of maritime jurisdiction.