유엔해양법협약 제298조 군사활동의 해석에 관한 국제판례 분석

Abstract

The United Nations Convention for the Law of the Sea (UNCLOS) establishes in article 298 that States can raise optional exceptions in regard to the applicability of one or more compulsory proceedings entailing binding decisions . One of these exceptions regard disputes concerning the military activities of States and can be found in article 298(1)(b). However, although the Convention prescribes this possibility, it does not clearly define what would constitute exactly a “military activity”, and what would not. Recently, international court and tribunal made some progress in the interpretation of article 298(1)(b), especially relating to the meaning of the “dispute concerning military activities” and the distinction between military activities and law enforcement activities. However, the jurisprudence did not show the clear threshold of article 298(1)(b) including the limit of dispute concerning military activities. This article aims to define the meaning of the dispute concerning military activites and the limit of it through reviewing the travaux preparatoire of the UNCLOS III and analysing the relating decisions of international court and tribunal.