• 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.46
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• pp.29-56
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• 2020

Despite the deep concerns against the DPRK and the harsh sanctions imposed on it, the country renders the sanctions futile by facilitating various illegal trades such as the ship-to-ship transfers of petroleum or coal. Recently, the international community went into paying attention to solve this matter. Among the measures the community can take, "reinforcing the search and inspection of the DPRK related vessels transiting in the high and territorial seas" is the best policy approach to reduce the sanction evasion and provide the international community with considerable bargaining advantages. This measure requires the forceful action by legal enforcement agencies, also known as VBSS. (Visit, Board, Search, and Seizure) It would make the deals prohibited by the UNSCRs (United Nation Security Council Resolutions) less profitable by reducing the expected return on the deals and increasing the cost for them. So, it would make the illegal deals under the table less attractive. The DPRK has been able to render the sanctions futile by exploiting the limitations of the current maritime sanctions. The resolutions are short of being specific about law enforcement, and the PSI (Proliferation Security Initiative) is legally nonbinding. However, if the UNSCRs and the PSI are combined, they can generate a new source of power and exploit the weakness of the DPRK. Noting that the recent UNSCRs stipulated all the legal discussions in the resolutions are confined and applied only to the DPRK, the PSI can target the commercial trade as well as the WMD-related materials in the case of the DPRK's illegal maritime practices. Therefore, the PSI endorsing partners should go beyond mere commitments. They should discuss action plans to implement the maritime interdictions to the extent that they discourage the DPRK and its business partners continuing the illegal activities.