한일 대륙붕 공동개발 재개를 위한 대응방안 분석

 요 약⦁i
 EXECUTIVE SUMMARY⦁xv
제1장 서론⦁1
제1절 연구 배경 및 필요성 ······················································1
제2절 연구 목적 ······································································3
제3절 연구 내용 및 방법 ··························································5
1. 연구 범위 및 주요 내용 ······································································5
2. 연구 방법 ··························································································6
제4절 선행연구 검토 ·······························································7
제2장 한일 대륙붕 공동개발협정 이행과 현황⦁11
제1절 협정 체결 배경 ····························································11
제2절 협정의 내용 ·································································13
제3절 이행상황 ·····································································17
1. 1차 탐사기간 ·················································································17
2. 2차 탐사기간 ·················································································23
3. 3D 탄성파 탐사 ··············································································27
제4절 국제질서 및 국제정세 변화 ·········································33
1. 변화하는 해양법 ··············································································33
2. 변화하는 주변 국제정세 ··································································36
3. 중국 요인 ························································································39
제3장 해저자원개발 성과와 역량⦁45
제1절 해저자원개발 ······························································45
1. 해저석유개발의 순서 ·······································································45
2. 해저 석유개발의 특이점 ·································································52
3. 매장량 분석 및 평가 ········································································53
제2절 석유·가스 개발과 우리나라의 법제 ·····························56
1. 석유·가스 개발의 일반적 유형 ························································56
2. 해저자원개발 관련 국내법제 ···························································60
제3절 우리나라 해저 자원개발의 역사 ··································72
1. 해저자원 개발의 시작 ······································································72
2. 우리나라 대륙붕 탐사 현황 ······························································74
3. 우리나라 대륙붕 자원 생산 현황 ·····················································77
제4장 국제법적 대응방안⦁81
제1절 일본의 국제법 위반 여부 ·············································82
1. 위반이 문제되는 국제법 및 협약 ·····················································82
2. 일본의 한･일 대륙붕 공동개발협정 위반 ········································92
3. 유엔해양법협약 위반 검토 ·······························································95
제2절 협상을 통한 해결 방안 ··············································100
1. 현재의 대륙붕 공동개발협정 재개 방안 ·········································100
2. 한･일 대륙붕 공동개발협정 연장 방안 ··········································102
3. 새로운 협정 체결 방안 ··································································104
제3절 분쟁해결절차 이용 방안 ············································106
1. 한･일 대륙붕 공동개발협정상 분쟁해결절차 ·································107
2. 유엔해양법협약 제15부상 분쟁해결절차 ······································110
3. 분쟁해결절차를 통한 공동개발 추진의 한계 ··································126
제4절 일방 탐사 추진 가능성 ··············································127
1. 협정의 중대한 위반 - 조약법 제60조 ···········································127
2. 시행정지의 대상 ···········································································130
3. 시행정지 절차 및 분쟁해결수단 ····················································137
제5장 대응 로드맵 구축 방안⦁139
제1절 한･일 양국의 입장 검토 ············································139
1. 일본의 입장과 전략 ·······································································139
2. 우리나라의 입장과 전략 ································································143
제2절 내부 정비 방안 ··························································146
1. 고려 사항 ······················································································146
2. 참여기관 및 기능 ··········································································151
제3절 일본에 대한 공동개발 협상 추진 ·······························155
1. 공동개발 협상 ···············································································155
2. 협상을 위한 준비사항 ···································································160
3. 협정의 활성화 유도 및 협정의 향후 처리 ······································168
제4절 협상 실패 시 취할 수 있는 방안 ·······························170
1. 분쟁해결절차의 활용 ·····································································170
2. 단독탐사･개발 ·············································································182
제5절 최종해양경계획정 관련 제언 ·····································186
1. 협상의 목표 및 범위 ······································································186
2. 자원현황 등 자료수집 및 평가의 필요 ···········································188
3. 3단계 접근법의 적용 ·····································································188
4. 새로운 공동개발협정 체결 검토 ····················································189
제6장 결론 및 정책제언⦁191
제1절 해결방안 검토 ···························································191
1. 협상을 통한 해결 ··········································································191
2. 국제재판 검토 ···············································································195
3. 최종적 수단 검토 ··········································································197
제2절 정책 제언 ··································································199
1. 협상 시간표 작성 ··········································································199
2. 해양경계획정 문제 ········································································200
3. 한･일 관계와 공동개발 ·································································200
4. 기록의 중요성 ···············································································202
 참고문헌⦁205
 관련문헌⦁215
 부록⦁221