BBNJ 협약에서의 인류공동유산 원칙 적용에 관한 소고

Abstract

This paper examines the legal nature of the Principle of Common Heritage of Mankind under the United Nations Convention on the Law of the Sea and highlights the problem which may occur during the application of the Principle of Common Heritage of Mankind to the marine genetic resources in the area beyond national jurisdiction, based on logical interpretation. First of all, Chapter 2 examines the meaning of the Principle of Common Heritage of Mankind and the detailed elements that make up this Principle in the UNCLOS, and points out the grounds for asserting the peremptory nature of the Principles of Common Heritage of Mankind and its limitations. Chapter 3 confirms the background of the BBNJ discussion, which is underway to fill the gap of biodiversity discipline in the area beyond national jurisdiction, and shows that the application of the Principle of Common Heritage of Mankind is being proposed there. Chapter 4 compares and analyzes the articles which is related with the Principle of Common Heritage of Mankind between the revised draft of the BBNJ and UNCLOS, emphasizes that the principle in the BBNJ are logically inconsistent with the that appeared in UNCLOS. In conclusion, suggests that further research about peremptory nature and analogy of the Principles of Common Heritage of Mankind is needed to clarify the discipline principle to be applied to the BBNJ, and that the discipline principle of the BBNJ should be presented again accordingly.