• Proceedings of KOSOMES biannual meeting
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• 2005.05a
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• pp.195-208
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• 2005

The flag State is primarily responsible for implementing international maritime conventions(IMO conventions) and national laws and other standards as far as its own vessels are concerned, on the other hand the port State exercise its rights for the safety and marine environment under international law especially UNCLOS within port and territorial sea. In particular, the port State may take appropriate measures including detention of ships identified as sub-standard vessels which are considered as port State's supplementary role aiming for implementing international and national and regulations. But in the course of implementing port state control, international disputes may happen between port state, coastal state and flag state in spite of making all possible efforts to avoid these disputes. This paper aims to consider legal grounds on port state control(PSC) in international conventions and national laws concerned and deals with contradictions between international and national law arising from exercising PSC by port state control officers(PSCOs).

• Proceedings of KOSOMES biannual meeting
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• 2006.05a
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• pp.159-166
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• 2006

1994년 "유엔해양법협약"의 발효로 새로운 국제해양법제도가 확립되면서 세계 각국은 통일적인 해상집법체제를 구축함으로써 관할해역에 대한 종합적인 관리를 강화하고 있다. 그러나 중국은 아직 전통적인 분산형 산엽관리체제를 유지하고 있어 기존의 해상집법역량은 날로 확대되는 국가주권과 해양권익의 수호요구를 충족시키지 못하고 있다. 따라서 본 연구에서는 한 중 일 3국의 해상집법체제를 비교 고찰하고 중국해상집법체제의 주요 문제점을 분석한 후, 해경을 중심으로 한 통일적인 해상집법체제의 개선방안을 제시하였다.

• Journal of the Korean Society of Marine Environment & Safety
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• v.12 no.2 s.25
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• pp.125-132
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• 2006

1994년 "유엔해양법협약" 의 발효로 새로운 국제해양법제도가 확립되면서 세계 각국은 통일적인 해상집법체제를 구축함으로써 관할해역에 대한 종합적인 관리를 강화하고 있다. 그러나 중국은 아직 전통적인 분산형 산업관리체제를 유지하고 있어 기존의 해상집법역량은 날로 확대되는 국가주권과 해양권익의 수호요구를 충족시키지 못하고 있다. 따라서 본 연구에서는 한 중 일 3국의 해상집법체제를 비교 고찰하고 중국해상집법체제의 주요 문제점을 분석한 후, 해경을 중심으로 한 통일적인 해상집법체제의 개선방안을 제시하였다.

• Journal of the Korean Society of Marine Environment & Safety
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• v.29 no.7
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• pp.740-749
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• 2023

The ocean plays a vital role in the international carbon cycle, absorbing human-induced atmospheric carbon and preventing further atmospheric carbon accumulation. However, while the ocean had been considered a victim of climate change, it did not receive much attention as a solution for climate change in the major agenda of UNFCCC. Recently, a growing awareness that the ocean can provide numerous potentials to handle untapped issues to address the climate crisis has arisen, which has prompted discussions to strengthen ocean-based climate action. Since 2020, UNFCCC "Ocean and climate change dialogue" has been a forum to integrate and strengthen the ocean-climate nexus. This calls for integrating ocean action into climate action and the relevant sectors. In this regard, this study examined the background and international trends of ocean-based climate action and presented the author's perspective on the scope of content that such action should pursue and the direction to achieve it. In addition, this study identified tasks of the integrated approach and advancement of co-benefit as ways to strengthen ocean-based climate action, and it suggested domestic countermeasures for the Korean marine policy on climate change based on this.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.5
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• pp.571-578
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• 2014

The boundaries of ROK maritime jurisdictional area remains unclear as two Koreas failed to draw clear maritime boundaries at the armistice agreement and there are no clear maritime boundaries with China and Japan. After the Korean War, the United Nations Command established the northern limit line(NLL) as well as the area of operations(AO) to enforce the DPRK's compliance with the armistice agreement and has been controlling all of the maritime and air activities in the region. ROK also has been controlling the passage of DPRK vessels in the area. Within the AO, third nation vessels have freedom of navigation, Yet, due to the division followed by the Korean War, ROK classifies DPRK as a hostile state and unique controling system is applied to DPRK vessels. Since the establishment of the AO, many changes have been occurring such as adoption of the UN Convention on the Law of the Sea(UNCLOS) and two Koreas' joining the UN. Also, there are continuous inter-Korean conflicts. Therefore, the geographical span of the AO needs to be reconsidered. Furthermore, a legal measure which ensures ROKN vessel's functional capability of controling DPRK vessels must be introduced. This thesis examines post-Korean War DPRK vessel control system in the Korean peninsula as well as how it should be improved.

• Strategy21
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• s.45
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• pp.60-90
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• 2019

The use of the high seas are supported by the two pillars of customary principles --the freedom of navigation and the flag state control on its vessels, which are codified in the UN Convention on the Law of the Sea. There have been attempts to limit and retrain the two pillars as maritime regimes are newly created to address new maritime threats, while coastal stares' control over the seas expand. The pillars have been created over thousands years since human beings took to the sea and have served as a foundation to use the oceans peacefully and orderly. Therefore, any retreat or exception from these principles would undermine the fundamental framework for the use of the oceans and eventually these regimes would be subject to control of maritime powers. In conclusion, new maritime regimes such as the sanction measures on North Korea should be enforced within the framework of international law and comply with the fundamental principles such as innocent passage and the freedom of navigation at the high seas.

• Journal of Navigation and Port Research
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• v.26 no.5
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• pp.517-524
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• 2002

This study aims to analyse the actual conditions of Korean fishing boat being seized in Japan's EEZ and to provide the countermeasures against that problem. According to the analysis of that actual conditions, Korean fishermen are trespassing Japan's EEZ in which fishery resources are abundant because of exhaustion of fishery resources and polluted water in Korean coastal sean. In the past, That behavior was not illegal. Now, however, it became illegal with the effectuation of the United National Conventions on the Law of the Sea(1994) and the Korean-Japanese Fisheries Agreement(1999). In order to resolve that problem on a long-term basis, it is necessary to turn over national fishery policy, to provide fishing people with other means of living, and to establish the Korean-Japanese cooperation system of fishery management. Most of all, it is urgent to mitigate and remit a penalty which was executed in Japan, to amplify personal and material resources need to guide and control fishery, and to construct a close cooperation system between the National Maritime Policy Agency and the Ministry of Maritime and Fisheries Affairs.

• Maritime Security
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• v.3 no.1
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• pp.115-140
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• 2021

The South China Sea is a significant maritime shipping route with abundant submarine and fishing resources. Over 40,000 ships pass through the South China Sea every year, constituting around 50% of global shipping and 66% of crude oil. In particular, 30% of Korea's import cargo and 90% of energy imports pass through this body of water. The US and China realized the significance of this sea area from early on and are embodying national interest through maritime security at the national strategic level by implementing the 'Indo-Pacific' and 'One Belt One Road' strategies, respectively. Such geopolitical conflicts are manifested in the 'freedom of navigation operations' by the US in the South China Sea. Despite its significance, there is a lack of studies in Korea on the freedom of navigation operations, and most previous studies only focus on analyzing international law and agreements. This article examines the origin and background of the strategic perception of the freedom of navigation operations and derives implications for the peace and security of the Korean Peninsula as the strategic competition between the US and China continues.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.1
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• pp.26-32
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• 2014

The increased threat to commercial shipping by Somalia-based pirates has triggered an increased use of PMSC(Private Maritime Security Contractors). The use of PMSC to protect merchant ships against Somali-based piracy threat seems to have been most effective counter-piracy measures. However, there are various legal and practical questions around using PMSC and PCASP(Privately Contracted Armed Security Personnel) on board at sea. This paper aims to study the regulation and its problems of PMSC and PCASP on board to protect merchant ships against Somali-based piracy in the Indian Ocean and Gulf of Aden. In particular, this paper focuses on the legal issues including jurisdictional issues of PCASP on board merchant vessels, use of force by PCASP in self-defense, and authority for using PMSC. Currently, the legal framework relating to use of PMSC and PCASP on board protecting ships from Somali-based piracy is complex, sometimes ambiguous or inconsistent, and currently in a state of flux. Thus, this paper concludes that at this juncture an effort to coordinate this legal framework is necessary, as regards both the interpretation of existing rules related to PCASP on board merchant ships under UNCLOS(United Nations Convention on the Law of the Sea) and the creation of new rules. Also, this paper suggested that there is an urgent need to establish the PMSC-specific laws in Korea.

• Ocean and Polar Research
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• v.28 no.3
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• pp.259-272
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• 2006

The 1982 UNCLOS provided very detailed provisions on marine scientific research and gave coastal stale jurisdiction to regulate marine scientific research in its EEZ. However, due to lack of definition and criteria of MSR, there are some different views, even conflicts, regarding legal Pounds for governing hydrographic surveys and oceanographic data collection by one state in the EEZs of other states. Some coastal states argue that those activities should only be conducted in the EEZ of other states with the consent of the coastal state while it is the opinion of other states, including the U.S.A., that those activities can be conducted freely in the EEZ. This paper reviews different views and recent developments on the issue and suggests some recommendations for future work of the Korean government related to the activities.