• Title/Summary/Keyword: Coastal state's jurisdiction

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Coastal State's Jurisdiction over Suspected Vessels on the High Seas - In relation to the case of F/V Jin Yinn in USA - (공해상의 범죄혐의 선박에 대한 연안국의 관할권 - 미국의 F/V JIN YINN호 사건등과 관련하여 -)

  • Kim, Jong-Goo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.17 no.1
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    • pp.47-52
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    • 2011
  • On the high seas, under international law, a ship is subject to the jurisdiction of the state whose flag she flies. Vessels of any flag are free to navigate the high seas without interference from other states. Thus, there are certain limits of coastal state's exercising law enforcement jurisdiction over a foreign flag vessel on the high seas. However, there are exceptions to exclusive flag state jurisdiction. One of them is the theory of constructive presence. The other is theory of partial execution. Korea Coast Guard's law enforcement authority should be exercised more actively based on those theories supported by the international cases.

Marine Scientific Research Regime in the UNCLOS and Emerging Issues (유엔해양법협약상 해양과학조사제도 관련 현안문제에 대한 법적 고찰)

  • Lee, Yong-Hee
    • 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.

The China Coast Guard Law (2021): A New Tool for Intimidation and Aggression (중국해안경비법(Coast Guard Law)(2021): 위협과 공격을 위한 도구)

  • Pedrozo, Raul (Pete)
    • 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.

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A Study on the Role of Maritime Enforcement Organization As Response of Illegal Fishing (불법어업에 대한 해상집행기관의 역할 및 방향 - 중국어선의 불법어업을 중심으로 -)

  • Jung, Bong-Kyu;Choi, Jung-Ho;Lim, Seok-Won
    • Journal of Fisheries and Marine Sciences Education
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    • v.26 no.4
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    • pp.769-788
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    • 2014
  • Today, all the countries of the world newly recognize importance of sea on 70% area of the earth, which are focused on efforts for security of marine territory and fishes resources. On the security concerns of the ocean & fishes resources, Sea are very important on the ground of the importance of the ocean, thus international community has been trying to combat a maritime security threat and illegal fisheries. Coastal states need to have proper state's jurisdiction and exercise it's jurisdiction to response effectively to a maritime security threat and illegal fisheries. Here, many of the coastal states strengthened the rights in Exclusive Economic Zone(;EEZ) naturally, there are made cooperation activities and keen competition in the sea because deepening of complex understanding of the relationship between the surrounding countries with marine surveys & continental shelf development, island territorial sovereignty & marine jurisdiction in overlap of sea area on EEZ. In these circumstances, foreign fishing boats invaded to our territorial waters and EEZ many times. in addition, Chinese fishing boats are going to illegal fisheries naturally. On this point, a powerful crackdown of maritime enforcement organization had no effect on them. Also more and more their resistance gathered strength and tendency of a illegal activities became systematization, group action and atrocity little by little. So this thesis includes a study on the regal regulation, the system and formalities on the control of illegal fishing. And the author analyzed the details of the activities of illegal fishing and boats controlled by Korea Coast Guard(KCG), fishing patrol vessels of Ministry of Maritime Affaires and Fisheries(MOMAF) and Navy etc. from in adjacent sea area of Korea. In relation to this, the policy and activity plan were devised to crackdown to illegal fisheries of foreign fishing boats and then it was enforced every year. According to this, analyze the present conditions of illegal fisheries of a foreign fishing boats on this study, also analyze the present conditions of maritime enforcement organization & found out problems to compared it. protect the territorial waters, at the same time protection of marine mineral resources & fishes resources of EEZ including continental shelf, which has want to study for the role & response of maritime enforcement organization for the protection of fisheries resources and a proper, a realistic confrontation plan of maritime enforcement organization against illegal fisheries of foreign fishing boats.

Normative Issues of Maritime Autonomous Surface Ships(MASS) Pursuant to the State Jurisdictions under UNCLOS (유엔해양법협약상 국가관할권에 따른 자율운항선박의 규범적 쟁점사항)

  • 한국해양수산개발원
    • Ocean policy research
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    • v.33 no.2
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    • pp.147-181
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    • 2018
  • Currently, we are living in the era of the 4th industrial revolution. In the field of shipping industry, the MASS is a revolutionary game changer in the making arising out of such an industrial and technical innovation in the pursuit of radically challenging the pre-existing system of a human-operated vessel. Given this trend, the entire maritime regulatory regime, which has been designed by, and intertwined with, human seaworthiness, abruptly faces the most unprecedented normative confrontations now and increasingly in the coming days. As the constitution of ocean, UNCLOS, provides, every flag state is obliged to effectively exercise its jurisdiction to secure technical and human seaworthiness. Moreover, the coastal state may institute protective proceedings against vessels in respect of any violations of its laws to protect its marine environment in maritime zones of the coastal state. Further, UNCLOS acknowledges that the port state's authority extends to take administrative measures to prevent sub-standard ships from sailing within the ports or offshore-terminals of the state. These three jurisdictional functions will be required to more closely interface with each other than ever over the legal and political implications created by MASS. Although states' jurisdictional nuances are significant in this present world tilting back to protectionism, there are few articles to present jurisdictional issues of states and conceivable normative discourse with regard to MASS. This articles visits potential jurisdictional conflicts underlying MASS and tries to strike balance between contradictory interpretive approaches under UNCLOS while it is undeniable that this doctrinal research tends to strive to find justifications within the current framework of international law.

The Exploitation of World Fishery Resources for 10 Years under the New Regime in the Sea (신해양질서 10년후 세계어업자원 이용동향)

  • 이장욱;허영희
    • The Journal of Fisheries Business Administration
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    • v.23 no.1
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    • pp.43-87
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    • 1992
  • In this paper, state of exploitation of world fishery resources after 10 years under the new regime in the sea, called the era of exclusive economic zone (EEZ) expending up to a 200 nautical miles from coastal line, was reviewed to determine effect from establishing EEZ in the world fishery production and its export/import volume based on the fishery statistics annually published by the Food and Agriculture Organization (FAO) of United Nation. The world total production from marine living resources had a trend showing a waned increase during 1970's when most of coastal states were translated into the reality of EEZ. From mid-1980's onwards, it increased rapidly, reaching about 85 million tons . Such increase in production was basically from the Pacific Ocean, accounting for more than 60% of the world total production. Fishing areas where showed increase in the production after the new regime in the sea were the southwestern Atlantic (FAO area 41) , the eastern Indian (FAO area 57) and the whole fishing areas in the Pacific except the eastern central Pacific (FAO area 77). Increase in the production from distant-water fishing countries came from the regions of the southwest Atlantic (FAO area 41) and the southwest Pacific (FAO area 81) . The production from coastal states was up from the regions of the eastern Indian (FAO area 57) , the northwest and northeast Pacific (FAO areas 61 and 67) and the southeast Pacific (FAO area 87) . It was likely that the exploitation of the fishable stocks was well monitored in the areas of the northwest Atlantic (FAO area 21) , the eastern central Atlantic (FAO area 34) and the northeast Pacific (FAO area 67) through appropriate management measures such as annual harvest level, establishment of total allowable catch etc. The marine fisheries resources that have made contribution to the world production, despite expansion of 200 EEZ by coastal states, were sardinellas, Atlantic cod, blue whiting and squids in the Atlantic Ocean : tunas which mainly include skipjack, yellowfin and bigeye tuna, croakers and pony fishes in the Indian Ocean : and sardine, Chilean pilchard, Alaska pollock, tunas (skipjack and yellowfin tuna) , blue grenadier and blue whiting including anchoveta in the Pacific Ocean. It was identified that both fishery production and its export since introduction of the new regime in the sea were dominated by such coastal states as USA, Canada, Indonesia, Thailand, Mexico, South Africa and Newzealand. But difficulties have been experienced in the European countries including Norway, Spain, Japan and Rep. of Korea. Therefore, majority of coastal states are unlikely to have yet undertaken proper utilization as well as rational management of marine living resources in their jurisdiction during the last two decades. The main target species groups which led the world fishery production to go up were Alaska pollock, cods, tunas, sardinellas, chub and jack mackerel and anchoveta. These stocks are largely expected to continue to contribute to the production. The fisheries resources which are unexploited, underexploited and/or lightly exploited at present and which will be contributed to the world production in future are identified with cephalopods, Pacific jack mackerel and Atlantic mackerel, silver hake including anchovies. These resources mainly distribute in the Pacific regions, especially FAO statistical fishing areas 67, 77 and 87. It was likely to premature to conclude that the new regime in the sea was only in favour of coastal states in fishey production.

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Legal Transformation of Advisory Procedure of the ITLOS into an Alternative Dispute Settlement Mechanism - From the Evaluation of Request for an Advisory Opinion Submitted by the Sub-Regional Fisheries Commission (Case No. 21), ITLOS (분쟁해결을 위한 대체적 수단으로서 ITLOS 권고적 의견 절차 활용 - SRFC 권고적 의견 사건(사건번호 21)을 중심으로 -)

  • Choi, Jee-hyun
    • Ocean and Polar Research
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    • v.44 no.2
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    • pp.147-160
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    • 2022
  • SRFC (Sub-Regional Fisheries Commission) requested to the ITLOS (International Tribunal for the Law of the Sea) an advisory opinion relating to the IUU (Illegl, Unreported, and Unregulated) fishing (Case No-21 of the ITLOS). Since, in the UNCLOS, there is no article authorizing the jurisdiction of the ITLOS full court's Advisory opinion, so various scholarly opinion wad divided. But ITLOS delivered its Advisory opinion confirming its jurisdictional competence over the Advisory proceedings with its legal opinion about the IUU issues. It opens new possibility of the alternative dispute settlement mechanism of the ITLOS through the advisory procedures. In reality, there has been a view that ICJ (International Court of Justice) could take the part of a kind of dispute settlement through its Advisory procedures. But the advisory procedures of the ITLOS, with no definite clause in UNCLOS about the advisory procedures, which provides more allowances for the function of advisory opinion as the alternative dispute settlement mechanism. ITLOS accepted the requests of the advisory opinion by the State parties through international organization or themselves directly. And the advisory opinion of the ITLOS aims the interpretation and application into the special issues-specially IUU fishing in Case No. 21 of the ITLOS-. Those factors could enable more enhanced role of the ITLOS as an alternative dispute settlement mechanism. But those possibility has contain risk of excessive and unlimited advisory role of the ITLOS. So it is important to focus on the restriction on the role of the State parties in the request of the advisory opinion to the ITLOS. In this regard it is meaningful that the ITLOS has suggested a kind of legal standing in the advisory procedures in that only coastal States could request the Advisory opinion about the IUU in their EEZ. Furthermore the discretionary power of the ITLOS in the Article 138 of the Rules of the Tribunal could curtail the abuse of the Advisory opinion initiated by the States parties of the UNCLOS. Under this framework, Advisory opinion could broaden more alternative option to the disputes between State parties of the UNCLOS in that after being delivered detailed interpretation of the UNCLOS about the specific issues, States parties could devote themselves to searching for flexible solution for the disputes between State parties. It could obtain legal explanation about the dispute under the Article 297 and Article 298 by detouring the jurisdiction limits through advisory procedures.

A study on improving the IUU Fishing Index of Korea's distant water fisheries (한국의 원양어업 IUU어업지수 개선방안 연구)

  • Zang Geun KIM;Youjung KWON;Haewon LEE;Doo Nam KIM;Jaebong LEE
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.59 no.4
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    • pp.362-376
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    • 2023
  • The IUU Fishing Index is composed of 40 indicators. These indicators were grouped by state responsibilities (flag, coastal, port, and general including market) defined in the FAO IPOA-IUU (2001) and then by type into vulnerability, prevalence, and response. A total of 152 coastal nations was surveyed. Korea's total combined IUU Fishing Index was 2.49 in 2019 and 2.91 in 2021, indicating a drop in the ranking to the third worst out of 152 countries followed by China and Russia in 2021. The indicators that increased the IUU fishing risk in 2021 compared to 2019 included seven indicators of prevalence and two indicators of response while those reducing the risk included one prevalence and one response indicator. The IUU Fishing Index revealed that many fisheries observers and monitoring, control and surveillance (MCS) practitioners active in the waters of RFMOs jurisdiction where Korean distant water vessels operate have mentioned concerns about the compliance with RFMO conservation measures or fishing practices. It suggested that strengthening management intervention in the fishing sector is needed. The primary tool for management is the MCS system. Given the logistical difficulty of oversight from land, air and at-sea, there is a need to enhance MCS strategies through logbook data, at-sea observer and electronic monitoring program. It also suggested that MSC fisheries certification and fisheries improvement projects, which are widely used for improving fishing sector performance, could contribute to the eradication of IUU fishing and the promotion of sustainable distant water fisheries.

Legal Issues Relating to Artificial Islands, Installations and Structures in the Exclusive Economic Zone or on the Continental Shelf and Korea's Practice (국제해양법상 인공섬, 시설 및 구조물 제도의 쟁점과 우리나라의 입법태도에 관한 고찰 -배타적 경제수역 및 대륙붕을 중심으로)

  • Lee, Yong Hee
    • Ocean and Polar Research
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    • v.36 no.4
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    • pp.353-365
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    • 2014
  • Artificial islands, installations and structures have been used as a major means for ocean development and management since the early 20th century. The International legal regime to regulate the man-made offshore structures also have evolved and the UN Convention on the Law of the Sea (UNCLOS) acts as a basic international instrument for that purpose. Although the Convention includes more detailed provisions on man-made offshore structures, there are some legal issues regarding jurisdiction of coastal State on the man-made offshore structures in the Exclusive Economic Zone (EEZ) or on the Continental shelf. For this reason, this article begins by reviewing the 1958 Convention on the Continental shelf and the UNCLOS by focusing on the EEZ and the Continental shelf regime governing the man-made offshore structures. It next examines some controversial international legal issues that have emerged from the regulation of man-made offshore structures in the EEZ or on the Continental shelf. This is followed by a review of the Korean domestic laws regulating artificial islands, installations and structures in the EEZ or on the continental shelf. Finally, it closes by summarizing the findings of the above examinations, and suggests some recommendations for future works.

An Examination on International Lawfullness of P. R. China's Territorial Sea Regime (중국 영해제도의 국제법상 합법성 검토)

  • 최종화
    • The Journal of Fisheries Business Administration
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    • v.24 no.1
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    • pp.45-64
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    • 1993
  • The law of territorial sea is a fundamental law by which the width of sovereign domain of a coastal state is determined. The P.R.China'a regime on the territorial sea was established through the Declaration on China's Ttrritorial Sea of 1958 and the P.R.China's Territorial Sea and Contiguous Zone Law of 1992. And the P.R.China's consistent policy on the territorial sea can be summarized as follows ; \circled1 The adoption of the straight baseline and 12 nautical miles of the territorial sea width, \circled2 The foreign merchant vessels can enjoy the right of innocent passage, while requesting for prior permission for the foreign military vessels on the entry into territorial sea. \circled3 The Chiungchow Strait and the Bohai Bay are claimed as the internal waters. \circled4 Enlistment of the whole coastal islands including the Taiwan. 12 nautical miles of the territorial sea width can be recognized as lawfull with respect to the 1982 UNLOS Convention. But the P.R.China's Territorial Sea and Contiguous Zone Law of 1992 contains some problems on the legality viewed in the light of customary international law. Firstly, it can be said that the adoption of simple straight baseline is not reasonable, and it must be investigated closely on the hidden intention of China. Secondly, there involved some possibility of international dispute on making Tung Tao which is 69 nautical miles apart from the mainland of a basepoint and on making the Bohai Bay of a historic bay. And also public notification of all basepoints for the straight baselines is necessary to meet the requirement of customary international law, Thirdly, two military zones established unilaterally in 1950 are illegal with respect to the customary international law, and they must be repealed deservedly. Fourthly, there have a lot of restrictions on the innocent passage even for foreign merchant vessels by the municipal law such as the Maritime Traffic Safety Law. As a conclusion, the P.R.China's territorial sea regime contains some illegal elements such as unilateral expansion of the maritime sovereignty or jurisdiction. In order to meet the general principle of the international law, the P.R.China's territorial sea policy must be modified on the basis of multilateral agreement with the states concerned. And Korea, as a state with opposite, has a definite right to take countermeasure agaist the P.R.China's contiguous zone.

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