• Title/Summary/Keyword: 해양레짐

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International Ocean Issues and Policy Regime (국제 해양환경안전 이슈와 정책레짐 변화)

  • Choi Sung-Doo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.12 no.2 s.25
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    • pp.115-123
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    • 2006
  • The policy regime of ocean is changed from ocean liberty paradigm to ocean management paradigm. Ocean resources have the characteristics of weak excludability and strong rivalry. Therefore, they need rational ocean management so as to curb the tragedy of commons. The important ocean issues and policy regimes today is ocean pollution, coastal management, sea-level rise, fishery, whaling, ocean jurisdictions, deep seabed resources, military security, piracy, ecological environmental security and so on. This paper aims at reviewing these major international ocean issues, the policy regimes for them, and the desirable tasks of ocean policy regimes in the future from the macro perspective of international ocean politics or policy-making.

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MCBMs in Northeast Asia: Can Effective and Functional Solutions be Found? (동북아 해양신뢰구축방안: 효과적 기능적 방안은 무엇인가?)

  • Yoon, Suk-Joon
    • Strategy21
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    • s.32
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    • pp.271-297
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    • 2013
  • 2010년 초반 이래 지역 해양안보는 보다 개선된 신뢰증진을 위한 안보구도와 메커니즘을 요구하고 있다. 특히 2011년 이래 전문가들은 지역 내 어려운 해양안보 문제들을 주요 현안으로 식별하고 있으며, 아울러 다양한 다루기 힘든 개념 위주의 지역 해양신뢰구축방안들을 제시하고 있었다. 최근 동북아는 다양한 해양분쟁과 갈등으로 점철되고 있으며, 대부분 국가들은 더욱 위험한 상황을 선택하기에 주저하지 않는 위험한 현상을 보이고 있다. 이러한 문제들은 첫째, 기본적으로 기존의 개념적 목적의 해양신뢰구축방안 이행에 대한 실패, 둘째, 개념적 해양신뢰구축방안을 넘어선 기능적이며 실질적 해양신뢰구축으로 변화에 어려움 그리고 셋째, 이를 동북아에서 어떻게 적용30)해야 하는가" 하는 문제로 귀결되고 있다. 대체적으로 전문가들은 개념적 방안 보다 효과적이며 기능적 해양신뢰구축방안을 적용하고 이해하는 것이 바른 "정답"이라고 보고 있다. 따라서 본 논문에서는 기존의 개념적 논쟁에 빠졌던 개념적 해양신뢰구축방안에 대한 과거 미련을 버리고 점차 진화된 복합적 문제로 대두되는 동북아 해양에서의 해양분쟁과 갈등을 기능적이며 실질적 해양 신뢰구축방안에 의해 해결하는 방법을 식별하여 제시하고자 한다. 이에 본 논문에서 제시하는 기술적이며 제도적 해양신뢰구축방안이 인정되면, 지금까지의 작용-반작용의 악순환적 주기를 넘어설 수 있는효과적 해양신뢰 각론, 레짐 또는 거버런스가 될 수 있을 것이다. 궁극적으로 본 논문의 목적은 고질적이고 새로운 해양갈등을 해소할 수 있는 신뢰 구축 전략을 제시하여 지역 해양안전과 평화를 유지하는 것이다.

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The Scope and Limits of Law Enforcement at Sea on International Law Violations (해상에서 국제법 위반행위에 대한 법 집행권의 범위와 한계)

  • Kim, Suk Kyoon
    • 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.

A Study on the Sequence of Developing Marine Environmental Conventions (국제해양환경협약의 제정 과정에 관한 연구)

  • Lee, Chang-Hee
    • 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.

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The Emergence of International Ocean Regime and the Change of Power Concept in International Society -The Case of United Nations Convention on the Law of the Sea- (국제사회 힘의 변화와 해양레짐 출현에 관한 소고 -유엔 해양법협약을 중심으로-)

  • Kang, Ryang;Park, Seong-Wook;Yang, Hee-Cheol
    • Ocean and Polar Research
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    • v.28 no.3
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    • pp.273-285
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    • 2006
  • As the political arguments on international power concept has gradually been deepened, the role of international regimes, defined as principles, norms, rules, and decision-making procedures around which nation-actors' expectations converge in a given issue-area, has also been reinforced. There are many ways of understanding about international regimes. In terms of realistic theories, international regimes are one of methods of maintaining hegemonic power order of hegemonic nation and in terms of liberalistic theories, international regimes are understood as the products of mutual inter-dependence of nations in changing international society. As a matter of fact, if we take structural causes and regime consequences into severe consideration, we can find not a few characteristics of international regimes, such as security regime, world trade and fiance regime, ocean regime, environmental regime, human right regime, etc. This paper will examine the changing concept of power after World War II in three categories of hard power (military power), meta power (regime creating power), and soft power (advanced in cultural, diplomatical, and technological power). This paper will provide the evidence of why the changing power concepts will be strongly related with the emergence of international regimes. The UN convention on the law of the sea will chosen as a standard case of the ocean regime and it's regime structure and role will also be analysed in both realistic :md liberalistic theories. Futhermore, the nations' interests involved in the UN convention on the law of the sea will be analytically classified and finally a future prospectus of the UN convention on the law of the sea as an ocean regime will be tested.

An Analysis on the Conditions for Successful Economic Sanctions on North Korea : Focusing on the Maritime Aspects of Economic Sanctions (대북경제제재의 효과성과 미래 발전 방향에 대한 고찰: 해상대북제재를 중심으로)

  • Kim, Sang-Hoon
    • Strategy21
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    • s.46
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    • pp.239-276
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    • 2020
  • The failure of early economic sanctions aimed at hurting the overall economies of targeted states called for a more sophisticated design of economic sanctions. This paved way for the advent of 'smart sanctions,' which target the supporters of the regime instead of the public mass. Despite controversies over the effectiveness of economic sanctions as a coercive tool to change the behavior of a targeted state, the transformation from 'comprehensive sanctions' to 'smart sanctions' is gaining the status of a legitimate method to impose punishment on states that do not conform to international norms, the nonproliferation of weapons of mass destruction in this particular context of the paper. The five permanent members of the United Nations Security Council proved that it can come to an accord on imposing economic sanctions over adopting resolutions on waging military war with targeted states. The North Korean nuclear issue has been the biggest security threat to countries in the region, even for China out of fear that further developments of nuclear weapons in North Korea might lead to a 'domino-effect,' leading to nuclear proliferation in the Northeast Asia region. Economic sanctions had been adopted by the UNSC as early as 2006 after the first North Korean nuclear test and has continually strengthened sanctions measures at each stage of North Korean weapons development. While dubious of the effectiveness of early sanctions on North Korea, recent sanctions that limit North Korea's exports of coal and imports of oil seem to have an impact on the regime, inducing Kim Jong-un to commit to peaceful talks since 2018. The purpose of this paper is to add a variable to the factors determining the success of economic sanctions on North Korea: preventing North Korea's evasion efforts by conducting illegal transshipments at sea. I first analyze the cause of recent success in the economic sanctions that led Kim Jong-un to engage in talks and add the maritime element to the argument. There are three conditions for the success of the sanctions regime, and they are: (1) smart sanctions, targeting commodities and support groups (elites) vital to regime survival., (2) China's faithful participation in the sanctions regime, and finally, (3) preventing North Korea's maritime evasion efforts.

A Study on International Environmental Regime -The Case of the Antarctic Treaty System- (국제 환경레짐(Environmental Regime)에 관한 소고 -남극조약 체제(System)를 중심으로-)

  • Kang, Ryang
    • Ocean and Polar Research
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    • v.28 no.2
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    • pp.163-173
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    • 2006
  • The so called Antarctic Treaty System, started from the Antarctic Treaty in 1959, has gradually been enlarged into the concept of an international environmental regime, which has been included in not a few international institutions, treaties, conventions, and international non-governmental organizations (INGO). This kind of movement, as in the role of an international environmental regime, has recently been highlighted in the Protocol on Environmental Protection to the Antarctic Treaty. This Protocol is taking appropriate measures as an international environmental regime in regulating its member nations by enforcing principles in protecting Antarctic resources and environment, regulating member nations' Antarctic activities, establishing norms in the adoption of international and domestic laws, and devising regulations for deciding administrative actions through the member nations' collective decision-making procedures. h this context, this paper is to test a few questions; firstly, how the Antarctic Treaty System can be related with the role of international environmental regime; secondly, how the theories of international environmental regime, such as the hegemony theory, rational choice theory, and international morality theory, can be tested in the role of Antarctic Treaty System as an international environmental regime. Finally, this paper provides a solution for the future problems of the Antarctic Treaty System as an international environmental regime regarding the regime's principle (conflict between the environmental principle and the right of nation-state), norms and regulations (the conflict between the developed and underdeveloped nations in terms of the concept of 'common but differentiated environmental responsibility'), cooperation directions (the leadership problems between hegemonic nation and multilateral leading groups), and management methods (cooperation and arrangement problems among expert institutions, observer groups, and INGO).