• Title/Summary/Keyword: 해양에서의 법집행

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The Conceptual Management Framework for Sustainable Fisheries Development (지속적 어업발전을 위한 자원관리 개념의 틀)

  • Mu, Yong-Tong;Choe, Jung-Yoon
    • The Journal of Fisheries Business Administration
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    • v.31 no.1
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    • pp.135-151
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    • 2000
  • 최근에 지속적 발전(sustainable development)은 환경정책 분석뿐만 아니라 현대 환경, 생태 경제학에 있어서 중요한 개념이 되어왔으며, 이 개념은 어업에 있어서 특히 중요한 국제적 이슈(issue)가 되고 있다. 어업은 갱생자연 자원에 입각한 산업으로서 지속적 발전의 길로 가야만 한다. 이것은 1982년 UN해양법 협약(UNCLOS), 1995년 UN경계왕래성 어족과 고도회유성 어족에 관한 집행협약 (UNIA), FAO의 책임있는 어업(the Code of Conduct fer Responsible Fisheries)을 위 한 국제규범과 일련의 기술지침서에서 구체적으로 표현함으로써 국제적 합의가 이루어 지게 되었다. 지속적 발전의 개념에 대한 심층적인 이해는 어업 관리자가 어업정책의 수립과 평가에 대한 새로운 요소와 기준을 설정함에 있어서 중요한 의미를 부여한다. 이것은 특히, 어업관리자(정부와 단체 그리고 어업자)가 어업관리 목표 어종 및 비관리목표 어종과 어종의 생태, 그리고 환경을 포함한 어업 자원의 직접 사용 가치와 비사용 가치(즉, 내재 가치 )등에 관련된 제문제를 다루는 것을 그 내용으로 한다. 따라서, 이 논문은 국제사회에서 지속적 발전과 관련된 지식의 현 주소와 어업관리에 있어서 갖는 함축적 의미와 주로 관계된다. 이 논문은 지속적 발진에 대한 개념의 기원과 형성과정, 개념 구조를 상세히 고찰함으로써 어업의 지속적 발전을 위한 어업관리정책 수립을 위한 방향설정에 기여하게 될 것이다. 또 이 논문에서는 지속적 발전의 개념하에서 어업의 지속성과 지속적 발전이 어업관리에 어떠한 의미를 갖는지 고찰한다. 그 하나로 이 논문에서는 FAO에서 최근에 제시한 해양어업의 지속적 발전지표를 어떻게 설정하는지에 대한 가이드라인을 분석 고찰 하였다. 이 FAO의 지속적발전지표는 지속적 발전의 평가체계의 구성요소와 어업에 대한 지속적 평가체계[sustainable development reference system(SDRS)]를 수립하는데 있어서 필요한 관련 절차에 관해 특별한 의미를 부여해 줄 것으로 생각한다. 마지막으로 본 논문에서 는 SDRS가 지역어업 협력체계 구축에 있어 서 어떠한 역할을 할 것인가를 강조함으로써 결론을 내리고 있다.

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International Law on the Flight over the High Seas (공해의 상공비행에 관한 국제법)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.3-30
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    • 2011
  • According to the Article 86 of the United Nations on the Law of the Sea(UNCLOS) the provisions of high seas apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. Article 87 also stipulates the freedom of the high seas. International laws on the flight over the high seas are found as follows; Firstly, as far as the nationality of the aircraft is concerned, its legal status is quite different from the ship where the flags of convenience can be applied practically. There is no flags of convenience of the aircraft. Secondly, according to the Article 95 of UNCLOS warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military(or state) aircraft over the high seas have also complete immunity from the jurisdiction of any State other than the flag State. Thirdly, according to the Article 101 of UNCLOS piracy consists of any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft. We can conclude that piracy can de done by a pirate aircraft as well as a pirate ship. Fourthly, according to the Article 111 (5) of UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised only military aircraft, or aircraft clearly marked and identifiable as being on government service and authorized to that effect. Fifthly, according to the Article 110 of UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an authorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. Sixthly, according to the Article 1 (5)(dumping), 212(pollution from or through the atmosphere), 222(enforcement with respect to pollution from or through the atmosphere) of UNCLOS aircraft as well as ship is very much related to marine pollution. Seventhly, as far as the crime on board aircraft over the high seas is concerned 1963 Convention on the Offences and Certain Other Acts Committed on Board Aircraft(Tokyo Convention) will be applied, and as for the hijacking over the high seas 1970 Convention for the Suppression of Unlawful Seizure of Aircraft(Hague Convention) and as for the sabotage over the high seas 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(Montreal Convention) will be applied respectively. These three conventions recognize the flag state jurisdiction over the crimes on board aircraft over the high seas. Eightly, as far as reconnaissance by foreign aircraft in the high seas toward the coastal States is concerned it is not illegal in terms of international law because its act is done in the high seas. Ninthly as for Air Defence Identification Zone(ADIZ) there are no articles dealing with it in the 1944 Chicago Convention. The legal status of the foreign aircraft over this sea zone might be restricted to the regulations of the coastal states whether this zone is legitimate or illegal. Lastly, the Arctic Sea is the frozen ocean. So the flight over that ocean is the same over the high seas. Because of the climate change the Arctic Sea is getting melted. If the coastal states of the Arctic Sea will proclaim the Exclusive Economic Zone(EEZ) as the ocean is getting melted, the freedom of flight over that ocean will also be restricted to the regulations of the coastal states.

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A Study on Improvement of throughput-linked Port Development (Trigger Rule) System (물동량 연동 항만개발제도 개선방안 연구)

  • LEE, Su-Young;LEE, Na-Young
    • Journal of Korea Port Economic Association
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    • v.39 no.3
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    • pp.179-189
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    • 2023
  • Korea's port development adjusts the completion time and size of port facilities according to the future port throughput. The current port development system, which is referred to as "throughput-linked port development (Trigger Rule)", has received positive evaluation for efficiently executing the limited port development budget. Recently concerns have been growing over deteriorating service levels in port facilities in Korea due to accelerated aging of terminal facilities. However, the current port development system does not possess any standard for assessing the level of service and utilizing development indicators. The purpose of this paper is to calculate the Port Service Index (PSI) by selecting indicators to measure the Level of Service (LOS) of ports and deriving weights between the indicators, so that the current "throughput-linked port development (Trigger Rule)" can be linked with the level of service. Based on the result of analysis on a variety of preceding studies, the ship waiting rate, berth productivity, ship turnaround time and ship productivity were selected as four indicators to constitute the Port Service Index. The AHP and entropy methodologies were used to derive weights for each of four indicators which were later combined to calculate the comprehensive weight. The calculation formula of the Port Service Index (PSI) was derived by using the aggregated weights of each indicator, based on which the LOS of domestic container and bulk terminals were evaluated and this measurement result was divided into 6 classes to define each LOS. This paper contributes to draw the improvement measures for port development system that are able to connect the quantitative indicator of throughput, as well as a qualitative indicator of the level of "service".

Policy on the Development of the Oyster Industry (굴 산업 발전을 위한 정책 우선순위 결정)

  • Yu, Myung-gun;Mun, Tae-Hyoung
    • Management & Information Systems Review
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    • v.39 no.3
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    • pp.99-125
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    • 2020
  • This study analyzes the priority according to the importance of the government's oyster industry support policy using AHP (analytic hierarchy process), and it compares and confirms the satisfaction level of direct and indirect workers using this policy in contribution to the development of the oyster industry. The results of the importance analysis by AHP analysis are as follows: As a result of the evaluation of the importance of the entire sample, it is found that the most important factor is the production facilities of the production supply of the competitiveness enhancement, the purchase of raw materials of the production supply of the competitiveness enhancement, and the aging of the structural risks of risk reduction. Also, significant differences among the workers in the ranking of importance are identified. According to the comprehensive evaluation results of indirect workers, which consist of public officials, the National Federation of Fisheries Cooperatives, and related professors, raw materials, production facilities, and high-quality products are produced in order to increase competitiveness. There are differences among workers in order of marine pollution of environmental risks, structural fish population reduction, and structural aging of risk factors.

A Study on the Governance of U.S. Global Positioning System (미국 글로벌위성항법시스템(GPS)의 거버넌스에 관한 연구 - 한국형위성항법시스템 거버넌스를 위한 제언 -)

  • Jung, Yung-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.3
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    • pp.127-150
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    • 2020
  • A Basic Plan for the Promotion of Space Development (hereinafter referred to as "basic plan"), which prescribes mid- and long-term policy objectives and basic direction-setting on space development every five years, is one of the matters to be deliberated by the National Space Committee. Confirmed February 2018 by the Committee, the 3rd Basic Plan has a unique matter, compared to the 2nd Basic Plan. It is to construct "Korean Positioning System(KPS)". Almost every country in the world including Korea has been relying on GPS. On the occasion of the shooting down of a Korean Air flight 007 by Soviet Russia, GPS Standard Positioning Service has been open to the world. Due to technical errors of GPS or conflict of interests between countries in international relations, however, the above Service can be interrupted at any time. Such cessation might bring extensive damage to the social, economic and security domains of every country. This is why some countries has been constructing an independent global or regional satellite navigation system: EU(Galileo), Russia(Glonass), India(NaVic), Japan(QZSS), and China(Beidou). So does South Korea. Once KPS is built, it is expected to make use of the system in various areas such as transportation, aviation, disaster, construction, defense, ocean, distribution, telecommunication, etc. For this, a pan-governmental governance is needed to be established. And this governance must be based on the law. Korea is richly experienced in developing and operating individually satellite itself, but it has little experience in the simultaneous development and operation of the satellites, ground, and users systems, such as KPS. Therefore we need to review overseas cases, in order to minimize trial and error. U.S. GPS is a classic example.