• Proceedings of KOSOMES biannual meeting
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• 2008.05a
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• pp.5-10
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• 2008

In recent years, the major interest in international environmental laws has focused on the ways to secure observation of the laws. For the implementation and compliance of international marine environmental convention, the new sequence of developing convention has been sdopted. The main convention is adopted in a form of 'Framework Convention' and the details are expressed in the Annex and/or Guidelines of the convention for the purpose of conveniense of adoption and to secure the observation of the convention And the Annexes or Guidelines are amended, revised and newly adopted continuously. Therefore this study is to analyze the tendency of sequence for developing new convention, which will help understanding one particular international marine environmental convention as a whole.

• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.7
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• pp.987-994
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• 2021

The Yellow sea, as described in article 123 of UNCLOS, is semi-enclosed sea surrounded by the Republic of Korea, the People's Republic of China and North Korea. In addition, the Yellow Sea is one of the 66 large marine ecosystems as it contains large amounts of marine resources. According to article 194 of UNCLOS, states should be aware of rights and duties with respect to the protection and preservation of the marine environment to be engaged with countries directly as regional entity or indirectly. Therefore, the legal blank is urgent in terms of trans-boundary environmental pollutant issues. The UNDP has conducted a project called Yellow Sea Large Marine Ecosystem (YSLME) which has reached the 2^nd phase. The project has some notable achievements, namely performing joint activities on analysis of diagnostic trans-boundary issues in collaboration with China and South Korea, developing a strategic action plan based on TDA, and establishing regional strategic action plan. However, on the other hand, the project could not reflect the full participation of North Korea as a state party. As a result, the project has a limitation on effective implementation of RSAP. Therefore, this study focuses on the suggestion of a legally-binding trilateral treaty as a blue print for the next, 3^rd phase of the project. By analyzing the best practice of the Wadden Sea Trilateral Treaty case, the study verifies the validity of legislative measures on establishing and managing a legally-binding trilateral YSLME Commission. By suggesting a three phase treaty, incorporating a joint declaration by establishing the commission, the signing of the treaty, and formulating an umbrella convention and implementation arrangement, the study expects to guarantee the consistency and sustainability of the trilateral treaty regardless of political issues pertaining to North Korea.