The Thought and Structure of Contemporary International Maritime Law

在这个研究项目中，我试图考虑以下两个问题；一是厘清由《联合国海洋法公约》和其他相关法律文书建立起来的当代海洋秩序的结构问题。二是阐明海洋保护区（MPA）的意识形态意义，在沿海国领海以外的各个区域建立海洋保护区，其目的是保护脆弱的海洋生物多样性。在前一种情况下，特别考虑了无害通过的制度和管制武装抢劫和海盗行为的问题，从而澄清了进一步加强对通过权的管制的趋势。此外，对大陆架界限委员会的活动进行了考察，认为委员会通过的建议对海洋划界争端具有影响的可能性和不稳定性，尽管其活动范围仅限于基于对大陆架外部界限的科学认识的判断。在后一种情况下，首先考虑了MPA的背景和现状，然后考虑了MPA的法律依据以及主要国家的MPA实践。近年来，从保护海洋生物多样性的角度出发，加强了公海海洋保护区的主张。公海海洋保护区的建立显然与公海自由格格不入。尽管如此，公海海洋保护区已被许多国家迅速接受。我认为MPA必须被评价为一个标志，它显示了从海洋自由走向海洋管理的趋势。

Under this research project, I tried to consider the following two problems ; one is to clarify the structural aspect of the contemporary maritime order, which has been built up by the UN Convention on the Law of the Sea and other related legal instruments. The other is to clarify the ideological significance of the marine protected areas (MPA), whose establishment in the various area beyond the territorial sea of the coastal states is claimed with the object of the protection of vulnerable maritime biodiversity.In the former case, the regime of the innocent passage and the problems on the regulation of the armed robbery and piracy have been particularly considered, thereby, the tendency toward a further strengthening of regulation of the right of passage has been clarified. Furthermore, the activity of the Commission on the Limits of the Continental Shelf has been considered, thereby, it is found that the recommendation adopted by the Commission has the possibility and precariousness affecting to the dispute of maritime delimitation dispute, though its scope of the activity is confined to the judgment based on the scientific knowledge of the outer limit of the continental shelf.In the latter case, both the background and current situation of the MPA were considered at first, after that, the legal basis of MPA as well as the practice of major states on MPA were also considered. Recently, the claim of the high seas MPA is strengthened from the view point of the protection of marine biodiversity. The establishment of MPA in high seas is apparently incompatible with the freedom of high seas. Notwithstanding, the high seas MPA has been accepted at a fast clip by a number of states. I think that the MPA has to be appraised as a landmark showing the stream toward the administration of the sea from the freedom of the sea.