• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.35-59
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• 2018

Professor Bin Cheng said that outer space was res extra commercium, while the moon and the other celestial bodies were res nullius before the 1967 Outer Space Treaty(OST). However, Article 2 of the OST made the moon and other celestial bodies have the legal status as res extra commmercium, not appropriated by any country or private enterprises or individual person, but the resources there can be freely available, as those on the high seas. The non-appropriation principle was introduced to corpus juris spatialis internationalis. Whether or not the non-appropriation principle is binding for the non-parties of the OST, many scholars see this principle as an international customary law, even developing into jus cogens. Article 11(2) of the Moon Agreement(MA) reconfirms the nonappropriation principle of Article 2 of the OST, but it has much less effect than the OST because the MA binds only the 18 parties involved. The MA applies only to the moon and celestial bodies other than the Earth in the Solar System, the OST's application scope extends to the Galaxy because the OST has no such substantive enactment. As referred to in the 2015 CSLCA of USA or Luxembourg's Law of Space Resources, allowing individuals and enterprises run by other countries to commercially explore and utilize the space resources, the question may arise whether this violates the non-appropriation principle under Article 2 of the OST and Article 11 of the MA. In the case of the CSLCA, the law explicitly specifies that sovereignty, possessory rights, and judiciary rights to a specific celestial body cannot be claimed, let alone ownership. This author believes that this law respects the legal status of outer space and the celestial bodies as res extra commmercium. As long as any countries or private enterprises or individuals respect the non-appropriation principle of outer space and the celestial bodies, they could use, exploit it. Another question might be raised in the difference between res extra commercium on the high seas and res extra commercium in outer space and the celestial bodies. Collecting resources on the high seas and exploiting space resources should be interpreted differently. On the high seas, resources can be collected without any obstacles like fishing, whereas, in the case of the deep sea-bed area, the Common Heritage of Mankind principles under the UNCLOS should be operated by the International Seabed Authority as an international regime. The nature or form of the sea resources found on the high seas are thus different from that of space resources, which are fixed on the moon and the celestial bodies without water. Thus, if individuals or private enterprises collect these resources from outer space and the celestial bodies, they might secure a certain section and continue collecting or mining works without any limitation. If an American enterprise receives an approval from the U.S. government, secures the best location and collects resources on the moon, can other countries' enterprises access to this area? How large the exploiting place can be allotted on the moon? How long should such a exploiting activity be lasted? Under the current international space law, these matters might be handled according to the principle of "first come, first served." As a consequence, the international community should provide a guideline or a proposal for the settlement of any foreseeable disputes during the space activity to solve plausible space legal questions in the near future.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.4
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• pp.577-586
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• 2022

The increasing trade volume between Korea and China has rapidly expanded the maritime transport between the two countries. However, safety, particularly considering the ship collisions in the Yellow Sea and East Sea waters, has not been fully ensured. These collision accidents in that region endanger traffic safety and the marine environment, moreover, it has the potential to cause legal complexity because Korea and China haver domestic legislation, that are considerably different in some aspects. International conventions and domestic legislation in China provide detailed laws with respect to ship collisions, however, the theory of ship collision infringement still needs to be improved, enriched, and developed. Because these laws are not very clear on the resolution of disputes resulting from ship collisions, we focused on the final judgments by the Supreme Court of China (SPC), and the judicial judgments set by the Maritime Court of China. This study aimed to explore the domestic legislation applicable to disputes related to ship collisions in China, and comparatively investigate the legal provisions of Korea and China on the issue of ship collisions, particularly on the aspect of damage compensation, fault ration, and liability apportionment.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.189-217
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• 2017

Declaration of Air Defense and Identification Zones started with the United States in 1950, which was followed by declaration of KADIZ by the Republic of Korea in 1951. Initial ADIZ were solely linked with air defense missions, but their roles have changed as nations around the globe manifested a tendency to expand their influence over maritime resources and rights. In particular, China declared ADIZ over the East China Sea in October 2013 and forced all passing aircraft to submit flight plan to ATC or military authority, saying failure of submission will be followed by armed engagement. China announced it would declare another zone over the South China Sea despite the ongoing conflict in the area, clearly showing ADIZ's direct connection with territorial claim and EEZ and that it serves as a zone within which a nation can execute its rights. The expanded KADIZ, which was expanded in Dec 15, 2013 in response to Chinese actions, overlaps with the Chinese ADIZ over the East China Sea and the Japanese ADIZ. The overlapping zone is an airspace over waters where not only the Republic of Korea but also of China and Japan argue to be covering their continental shelf and EEZ. Military conventions were signed to prevent contingencies among the neighboring nations while conducting identifications in KADIZ, including the overlapping zone. If such military conventions and practice of air defense identification continue to be respected among states, it is under the process of turning into a regional customary law, although ADIZ is not yet recognized by international law or customary law. Moreover, identification within ADIZ is carried out by military authorities of states, and misguided customary procedures may cause serious negative consequences for national security since it may negatively impact neighboring countries in marking the maritime border, which calls for formulation of operation rules that account for other state activities and military talks among regional stake holders. Legal frameworks need to be in place to guarantee freedom of flights over international seas which UN Maritime Law protects, and laws regarding military aircraft operation need to be supplemented to not make it a requirement to submit flight plan if the aircraft does not invade sovereign airspace. Organizational instructions that require approval of Chairman of Joint Chiefs of Staff for entrance and exit of ADIZ for military aircraft need to be amended to change the authority to Minister of National Defense or be promoted to a law to be applicable for commercial aircraft. Moreover, in regards to operation and management of ADIZ, transfer of authority should be prohibited to account for its evolution into a regional customary law in South East Asia. In particular, since ADIZ is set over EEZ, military conventions that yield authority related to national security should never be condoned. Among Korea, China, Japan and Russia, there are military conventions that discuss operation and management of ADIZ in place or under negotiation, meaning that ADIZ is becoming a regional customary law in North East Asia region.

• Journal of the Korean Society of Marine Environment & Safety
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• v.26 no.4
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• pp.336-345
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• 2020

Vessel Traf ic Services (VTS) is a system for ship safety and accident prevention. The International Maritime Organization (IMO), the International Association of Marine Aids to Navigation and the Lighthouse Authorities (IALA) established regulations related to VTS from an early stage. On December 3, 2019, South Korea enacted a special act called the "Act on Vessel Traffic Services (VTS Act)," which will take ef ect on June 4, 2020. In this paper, the background of this act's enactment is examined and its provisions are critically reviewed. In particular, the study intensively examines the reasons the immunity provisions for the VTS operator were removed and the current direction of improvements to the VTS Act is presented in terms of its feasibility. Most countries that do not have an Act related to VTS and its operator, refer to that of Korea. Therefore, it is necessary to reinforce the structures and definition of the VTS Act, as well as the immunity provisions for the VTS operator. The latter were removed during the National Assembly's legislation process, but were included in the initial bill, and should be reflected in subsequent revisions of the VTS Act.

• Journal of the Korean Society of Marine Environment & Safety
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• v.16 no.1
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• pp.81-91
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• 2010

IMO(International Maritime Organization) and the Shipping World rave complied with various kinds of international regulations for maritime safety and marine environmental protection, but the main reason of maritime accidents is that developing countries cannot implement maritime safety related regulations. Although Korea has been a member of the "A group" council of IMO, maritime technology transfer records of Korea are not good. To promote the project of official development assistance in Korea, it is required to select the technology which has a high degree of importance in the fields of maritime safety and has a high degree of demand on the transfer to developing countries, and to concentrate on the selected technology. So, it is necessary to draw valuation factors for maritime safety technology and to decide the priority in order among maritime safety technologies on the basis of valuation factors. Because the weights which show the degree of importance among valuation factors are different from factor to factor, interdependent relationship between factors should be considered on evaluation. In this study, the valuation factors were divided into three groups as the maturity of maritime safety technology, the promotion probability of projects and the degree of importance of technology, and the detailed factors of each group were drawn. A model which used Fuzzy AHP and limiting probability to consider the weights of importance and correlation among valuation factors was developed. To adopt this model, nine types of maritime safety technology in the field of maritime safety information were selected and points were scored for each technology through evaluation. In conclusion, first, ENC related technology was scored to be the highest as 0.0139. Second, the point of ship monitoring technology was scored as 0.0133. Last, oil spill response technology was scored as 0.0132.

• Journal of Korea Port Economic Association
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• v.27 no.2
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• pp.163-182
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• 2011

This research addresses the prospect of international intermodal transport in North-East Asia and studies the necessity of an agreement in transit transport in the region. Due to the division of labour among countries in the region and the globalization of firm's activities, international intermodal transport has been actively developed and is expected to grow continually. In order to lead the operation of international intermodal transport in North-East Asia, main players such as China and Russia have strengthened cooperation of regional logistics and made agreements in transit transport with contiguous countries. After analysing the current situation and reviewing prospects of international intermodal transport and transit transport in North-East Asia, this research proposes the requirement of regional agreement of transit transport on the basis of the United Nations Convention on the Law of the Sea (UNCLOS) for promoting international intermodal transport in North-East Asia.

• Journal of Navigation and Port Research
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• v.47 no.4
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• pp.220-230
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• 2023

Aids to Navigation (AtoN) is an important tool for safe navigation, and the variety of information provided by AtoN is invaluable. The demand for standardized AtoN information for efficient utilization is gradually increasing, and for this purpose, the International Association of Lighthouse Authorities (IALA) has developed S-201, a standard for the management of AtoN information, and recommends its application to member countries. Notably, since Korea defines AtoNs and manages the information according to the Aids to Navigation Act, the need for definition and information management according to the S-201 standard, an international standard, is even greater. Therefore, in this study, according to the recommendation of IALA, we aimed to suggest a way to manage AtoN information by applying the S-201 standard. To this end, after comparing the classification criteria of the AtoN information of the IALA, and that of Korea's classification standards, Korea's AtoN information management plan applying the S-201 standard was presented. The results of this study provide important basic data for managing standardized digital AtoN information that is easy to use worldwide.

• Journal of Navigation and Port Research
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• v.44 no.1
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• pp.20-31
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• 2020

The purpose of this study was to provide planning criteria for the thalassotherapy facility. Among the various contents of the planning criteria, the crucial parts of the thalassotherapy facility planning are the location, facility environment, and room space. To do this, we first examined the characteristics of the thalassotherapy facility and inquired about the thalassotherapy resources and treatments that are the basis of the thalassotherapy facility planning. And then, the overseas qualification criteria related to thalassotherapy facility were analyzed. Based on the above research results, the criteria for the thalassotherapy facility planning on location, facility environment, and spaces of rooms are presented. The location is within 1km of the coastline, where there is no pollutant emission facility, and the climate conditions are maintained more than 80% throughout the year below 'caution' level of the thermal sensation index and sensory temperature. The water quality of the facility environment meets the stricter criteria among the domestic standards or ISO 17680 standards, and the air quality is 60% of the atmospheric environment standard of the 「Framework Act on Environmental Policy」 and SO₂, NO₂, O₃ and PM10 concentration shall ensure that the annual number of exceeding standards meets the EU standard, and noise is less than 50dB per daytime, 40dB per night. Therapy spaces have to meet the standards of the 「Building Act」, the working standards of architectural planning and international standards according to their function and use.

• Journal of Legislation Research
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• no.55
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• pp.167-191
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• 2018

Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.

• Journal of the Korean Society of Marine Environment & Safety
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• v.13 no.2 s.29
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• pp.141-146
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• 2007

In this study, we have investigated several input factors and output factors to maintain safety management of domestic shipping companies, and then have analyzed the efficiency of performance about each shipping companies' safety management system from 1998 year to 2004 year using DEA method. The result of analysis shows that the annual mean efficiency index of total companies tended downward every year. Analysis was that the cause was increase of the cost of repairing ship, the cost of ship's stores and idle day of ship while the number of marine accidents and sanctions of PSC, ship's insurances and P&I insurances was decreased.