인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
크롬 서지관리 다운로드
지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
UN Convention on the Law of the Sea of 1982(hereafter “LOSC”) establishes a comprehensive legal regime for the oceans, thus described as a “constitution of the sea.” This is also the case with regard to the protection of the marine environment and Part XII of LOSC provides for a comprehensive legal framework for the control of marine pollution. Consequently, Part XII of LOSC also serves as international legal basis upon which the existing and future marine environmental treaties should be formulated and interpreted. Inspired by these considerations, the writer intends in this paper to examine the structure and contents of Part XII, with reference to the structure and contents of prescriptive and enforcement jurisdiction of States. Under the provisions of Part XII, States are generally obliged to prescribe and enforce anti-pollution laws and regulations concerning all known sources of marine pollution. With regard to anti-pollution jurisdiction between States, Part XII has redistributed prescriptive and enforcement jurisdiction between coastal and flag States, enhancing the power of the former at the expense of the latter’s traditional primacy in the regulation of shipping. Further, Part XII has introduced novel development into the law of the sea by providing for port State’s universal enforcement jurisdiction. When enacting and enforcing anti-pollution laws and regulations concerning certain sources of marine pollution, States are obliged to include and enforce international rules and standards. By way of this, Part XII attempts to render environmental obligations of States to be more effective, on the one hand, and prevent the abusive exercise of jurisdiction by States, on the other. In general, Part XII of LOSC indicates that the law of the sea has become an environmentally stronger regime.
#유엔해양법협약
#입법관할권
#집행관할권
#국제규칙과 기준
#해양오염
#UN Convention on the Law of the Sea
#Prescriptive Jurisdiction
#Enforcement Jurisdiction
#International Rules and Standards
#Marine Pollution
상세정보 수정요청해당 페이지 내 제목·저자·목차·페이지정보가 잘못된 경우 알려주세요!
목차
등록된 정보가 없습니다.
참고문헌
참고문헌 신청최근 본 자료
