• Strategy21
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• s.45
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• pp.91-115
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• 2019

When compared to land territorial claims, maritime claims have not attracted as much attention from the public as well as the academia. However, after the ICOW (Issue Correlates of War) data was published and was expanded to include maritime and river claims, there have been many quantitative studies that analyze maritime claims or separate different types of territorial claims to explain various mechanisms over different types of territorial claims. These quantitative studies have provided valuable explanations about the onset and the management of maritime claims. This research tries to review these quantitative research. Most studies about maritime claims, especially regarding the management of claims, analyze maritime claims based on two different levels of factors. First, from the perspective of systemic level, several studies focus on the role of international institutions and systemic level of democracy to explain the management of maritime claims. Second, at the dyadic level, many studies explain how the issue salience, past experience, the presence of resources, joint democracy, and relative power influence the occurrence of peaceful settlement attempts or conflictual behaviors over maritime claims. Based on the review of these literature, this research tries to identify several factors to explain the Dokdo issue and to encourage peaceful settlement attempts over the Dokdo issue.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2023.05a
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• pp.175-175
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• 2023

해상구획선의 정밀도는 연안에서의 법 집행, 경제권, 해양환경 보호와 밀접한 연관이 있다. 하지만 기술적 한계로 인해 일정 수준의 오차가 존재한다. 이 연구에서는 각 분야 마다 분쟁 가능성을 살펴보고 대응방안에 대한 제안하였다.

• Convergence Security Journal
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• v.13 no.2
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• pp.133-141
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• 2013

After Presidential Declaration of Korea's Rights in the Surrounding Seas(Lee, Seung-Man Line), Japanese government objected to the Korean government's Declaration of the Peace Line. Japan didn't agree with Korean's ownership of Dokdo and has tried to develop the Dokdo issue into an international dispute and solved it by resorting the International Court of Justice(ICJ) since 1954. As mentioned before, ICJ doesn'thave the right of compulsory jurisdiction of ownership of Dokdo between Korea and Japan. Therefore, we don'thave to agree with Japan's suggestion of bringing a case to ICJ to solve the Dokdo issue. It is not the best way to maintain the international peace judging by ICJ as well. When Japan try to institute case unilaterally, We should remember that it is possible to give the expanding jurisdiction to the ICJ. It is the best way that solving the dispute of Dokdo is to establish the sovereignty over Dokdo while strengthen the control the Dokdo effectively. In conclusion, no matter how Japan claims ownership of Dokdo, it cannot be subject to negotiation.

• Maritime Security
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• v.3 no.1
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• pp.1-44
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• 2021

China's new Maritime Policy Law (MPL) purports to regulate the duties of China's maritime police agencies, including the China Coast Guard, and safeguard China's sovereignty, security, and rights and interest. The MPL has potentially far-reaching application, as China claims extensive maritime areas off its mainland and in the South China Sea. This expansive application of maritime law enforcement jurisdiction is problematic given that most of China's maritime claims are inconsistent with international law. To the extent that the MPL purports to assert jurisdiction over foreign flagged vessels in disputed areas or on the high seas, it contravenes international law. Numerous provisions of the MPL regarding the use of force are also inconsistent with international rules and standards governing the use of maritime law enforcement jurisdiction, as well as the UN Charter's prohibition on the threat or use of force against the territorial integrity or political independence of any state. China could use the MPL as a subterfuge to advance its illegal territorial and maritime claims in the South and East China Seas and interfere with coastal State resource rights in their respective exclusive economic zone.

• The Journal of the Korea Contents Association
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• v.19 no.2
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• pp.121-134
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• 2019

The areas be affected maritime police authority of the Republic of Korea, are largely classified as inland waters, territorial waters, exclusive economic zone and continental shelf(hereinafter referred to as "domestic sea area") and high seas. Of these, the maritime police authority in domestic sea area follows a municipal law that accommodates the United Nations Convention on the Law of the Sea(UNCLOS). In addition, this Convention shall apply on the high seas. Meanwhile, on the high seas, foreign vessels other than domestic vessels are allowed to be subject to limited jurisdiction only for the anti-mankind criminal acts, such as piracy etc. this is in accordance with the principle of "Freedom of the high seas" and "maritime flag state," under this Convention. However, the illegal acts of foreign vessels that threaten the security of coastal states and the safety of ships on the high seas can cause many types of crimes other than anti-mankind criminal acts, and the jurisdiction of the coastal states exercised may lead to conflicts between countries. Therefore, this article would like to suggest a plan for institutional improvement to maintain international maritime order on the high seas and secure maritime police authority in coastal states.

• Journal of the Korean Society of Marine Environment & Safety
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• v.18 no.3
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• pp.227-233
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• 2012

The oceans are the largest body of water geographical unit in the earth. In accordance with the general said of the international law, countries on the international law must have four elements: 1) settled residents; 2) determined territory; 3) a certain degree of government organizations; 4) the sovereignty. The country's basic rights are: 1) the right to independence; 2) the right to equal; 3) the right to jurisdiction; 4) the right to self-protection. UNCLOS as the only one of the "Constitution of the Earth" on the earth, the implementation of its entry into force make about 1/3 of the world's oceans should be assigned to the coastal states, in the use and management of ocean gave the coastal states the center jurisdiction, the coastal states' jurisdiction sphere had been expanded, the power comparison among all countries in the world had new changes. The ocean territory, like the land territory, is the most major material condition of a country. The ocean's strategic status is extremely important, is the important stage of the international political, economic and military struggle, there are many disputes about the rights and interests, resources and the development and utilization on the oceans. To resolve these disputes is bound to depend on a strong comprehensive national strength, including politics, economy, science and technology, as well as the powerful marine force, in which maritime police plays an important role.

• The Science & Technology
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• v.30 no.6 s.337
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• pp.32-34
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• 1997

"대륙붕한계위원회는 앞으로 대륙붕 200마일 바깥 한계에 대한 연안국 주장을 과학적 근거와 자료를 바탕으로 심사 평가하게 될 것입니다." 지난 3월 UN대륙붕한계위원회에 위원으로 당선된 서울대 해양학과 박용안 교수의 설명이다. 우리나라의 대륙붕은 국토면적의 2.8~3.5배로 앞으로 인접국과의 관할권분쟁이 일어날 경우 박위원의 역할이 기대된다.

• Proceedings of the Korean Society of Surveying, Geodesy, Photogrammetry, and Cartography Conference
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• 2010.04a
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• pp.139-140
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• 2010

Recently, Many countries are promoting rapidly development of marine. As they are very committed for the purpose of securing territorial sea. Disagreements between countries had being emphasized the importance of terrirorial sea. As the South Korea has been at the center of a territorial dispute between Japan and China, the South Korea should be encouraged to expand the nation. The purpose of this study is to derive the improvement plan of Efficient control of the territorial base point through the analyses of the existing control of the territorial base point and check of the territorial base point.

• Journal of Aerospace System Engineering
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• v.11 no.2
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• pp.35-42
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• 2017

This paper analyzes the intention of the PRC (People's Republic of China) to establish and operate CADIZ to implement the government's maritime policy and strategy and to project its air power in preparation for maritime provocation and contingency, especially over the area where East Asia countries have claimed to have maritime jurisdiction over one another. This paper is also intended to guide the Republic of Korea's response measures for coping with the maritime intention and threat of China by such measures as reinforcing military power, constructing the strategic air base in Jeju, and expanding the present KADIZ.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.1
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• pp.49-58
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• 2014

The illegal fishery act committed Chinese fishing vessels have not been stopped and Korea Coast Guard(KCG) has been injured or killed by chinese fishing forces, even though the Korean Government has been trying to control the illegal fishery and repeated violent act committed by Chinese fishing vessels in our Exclusive Economic Zone. Moreover, some problems in relation to the control process of KCG to suppress the illegal foreign fishing vessels has been exposed in spite of extensive efforts of Korean Government. Improper law enforcement of KCG in relation to foreign fishing vessels would cause international dispute between related states, although the control process to the illegal fishing vessels at sea is in a way of due law enforcement process forming a State's power. To this end, this paper examines the problems raised during the control process which is including the visit and inspection of illegal Chinese fishing vessels and law enforcement process exercised by KCG and presents practical solutions through analyzing the related materials, professional's opinion and recent cases.