• The Korean Journal of Air & Space Law and Policy
• /
• v.26 no.1
• /
• pp.3-30
• /
• 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.

• Journal of Internet Computing and Services
• /
• v.17 no.1
• /
• pp.15-21
• /
• 2016

Under the flag of creative economy, Korea government is now releasing public data in order to develop or provide a range of services. In this paper, we develop a customized trip navigation system to recommend a trip itinerary based on integration of open government data and personal tourist data. The system uses case-based reasoning (CBR) to provide a personalized trip navigation service. The main difference between existing trip information systems and ours is that our system can offers a user-oriented information service. In addition, our system supports Turn-key style contents provision to maximize convenience. Our system can be a good example of the way in which open government data can be used to design a new service.

• Journal of Korea Port Economic Association
• /
• v.30 no.2
• /
• pp.1-23
• /
• 2014

Although 'the International Ship Registration Act' has been enacted in Korea as of 1997, its effect is still in question to make shipowners and operators flag in or reflag because of insufficient incentives for them. Therefore, 'the Special Law for Jeju Free International City' has been established and the system of 'Special Ship Registration Zone' has also been enforced. Despite this, few studies were carried out to measure the relative importance of factors for Jeju International Ship Register yet. Against this backdrop, the purposes of this study are firstly, to investigate a relative importance of Jeju International Ship Registration System using AHP(Analytic Hierarchy Process) and secondly, to compare the characteristics of Flags of Convenience(FOC) with International Ship Register(ISR) which was adopted by several Far East Asia Countries(e.g., China, Hong Kong, Chinese Taipei and Japan). Moreover, this study aims to compare FOC with ISR in terms of shipping policy, ship management, and expenses and tax policy. In this paper, the factors were constructed with four high levels consisting of twenty one low levels to evaluate Jeju International Ship Register by utilizing Expert's brainstorming and AHP. According to the results, it is critical to expand the exemption and tax-related expenses, and also manage foreign-related systems systemically. This study provides important implications to maintain the tonnage tax system for ships effectively as well as to intensify the competitiveness of Jeju International Ship Register System.