• Title/Summary/Keyword: International Maritime Terrorism

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The International Legal Actions against Maritime Terrorism and its National Countermeasures in Korea (해상테러의 국제법적 규제 및 국내적 대응방안)

  • Lee Yun-Cheol
    • Proceedings of KOSOMES biannual meeting
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    • 2005.11a
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    • pp.91-110
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    • 2005
  • Maritime terrorism at sea is the form of violent interference with shipping. Its global reach and negative impact on sea transportation, safety of navigation and marine environment, as well as the threat it poses to human lives and property, call for effective countermeasures at the international and national level at the same time. First, this paper gives a factual assessment of the phenomenon of maritime terrorism as well as a legal analysis of the international provisions to suppress such forms of violence at sea which is different from piracy. And also this paper attempts to address and identify issues relevant to the existing international regulations such as SUA Convention as the main source of international regulations applicable to acts of terrorism at sea, ISPS Code, PSI, etc. Finally this paper suggests the national countermeasures against maritime terrorism in light of above mentioned the definition, causes, types of maritime terrorism and concerning international regulations.

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Analysis on Response System against International Maritime Terrorism : Using Analytic Hierarchy Process(AHP) Method (국제해상테러 대응체계의 우선순위 분석 : 계층적 의사결정기법(AHP)을 이용하여)

  • Oh, Tae Kon
    • International Area Studies Review
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    • v.17 no.4
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    • pp.181-202
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    • 2013
  • After the Cold War, international terrorism and related issues have been the most urgent problems. However, Korea hasn't recognized this seriousness due to relatively slight damage. Yet the interest about the international maritime terrorism and related issues is increasing as the maritime terrorism issues emerged. This is because Korea is located next to three oceans and majority of international trades depend largely on international maritime transportation due to its scarce natural resources. Therefore this study has the purpose that it reviews the advanced researches and documents, analyzes the priority about response system against international maritime terrorism, suggests the practical solutions. For these purposes, it conducted Delphi technique to international maritime terrorism experts with response system factors selected among the advanced researches and documents. As the result of analysis, this study figured out that legal and institutional countermeasures are needed as international measures, strategic countermeasures are needed as domestic measures to set up the response system against international maritime terrorism. Synthetically, for the efficient and practical counteract against international maritime terrorism, the response institute against international maritime terrorism and the awareness of relevant experts are preferentially necessary.

A Study on the Enhancement of International Regulation on Maritime Crimes at Sea (해상안전범죄에 대한 국제법상 규제강화방안에 관한 연구)

  • Min, Kkot-Byol;Lee, Yong-Hee
    • Proceedings of KOSOMES biannual meeting
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    • 2006.05a
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    • pp.141-152
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    • 2006
  • Along with unification world market, marine transportation has become important for international community. At the same tome, piracy, armed robbery and maritime terrorism which threaten marine transport have been issued in international society. International organization like a IMO has continued to regulate maritime crimes by international law and regulation. Bearing in mind the in importance of the issue, this article analyze maritime crimes covering piracy, armed robbery and maritime terrorism about definition and legal character and pointed out problems. Finally it suggest methods to enhance international regulation on them.

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The Korea's indiscretion in maritime-terrorism and the counter plan (한국 해양테러의 실태 및 대응방안)

  • Park, Jun-seok;Park, Yu-Deuk;Kim, Gi-sang
    • Journal of the Society of Disaster Information
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    • v.3 no.2
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    • pp.79-93
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    • 2007
  • With international urgence of terror situation, many methods of terror techniques and skills are appearing and more intense and threatening terror is braking out not only in the air(plane), but also in the sea(ship). Korea is surrounded by 3 sides of sea and is a proud maritime nation that should advance to foreign country through the sea because South Korea and North Korea are confronting. Korea depend on the maritime transportation, 99.7% of exporting, importing material resources. Therefore, acquisition of the marine safety has the great affect on national security and economical life. On the high tension of situation about threat and possibility of maritime terroism, the potential ways of the improvement policy for counter-tactics against big maritime terror are the following. First, we should construct clear and well-organized network for accurate information about maritime terrorism Second, we should have the information of all domestic, foreign passenger's ships Third, national important facilities such as atomic energy plant, thermo-electric power plant, shipyard need policies to manage all emergency situation Fourth, government authorities should improve tactic abilitities by competing with support and budget inside of nation as well as outside of nation. To develop big maritime terror of our country, we will have to hold cooperative training & tactics contest of big maritime terror by cooperating educational industry organization with similar institute, improve the ability of members of big terror and acquire tactics information by excavating and exchanging a new technique through tactics seminar and public hearing.

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An Analysis on Structure of Risk Factor for Maritime Terrorism using FSM and AHP (해상테러 위험요소의 구조와 우선순위 분석)

  • Jang Woon-Jae;Keum Jong-Soo
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2004.11a
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    • pp.343-348
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    • 2004
  • Since the destruction of World Trade Center the attention of the united States and the wider international community has focussed upon the need to strengthen security and prevent terrorism. This paper suggests an analysis prior to risk factor and structure for anti-terrorism in the korean maritime society. For this, in this paper, maritime terror risk factor was extracted by type and case of terror using brainstorming method. Also, risk factor is structured by FSM method and analyzed for ranking of each risk factor by AHP. At the result, the evaluation of risk factor is especially over maximum factor for related external impact.

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An Analysis on Structure of Risk Factor for Maritime Terror using FSM and AHP (해상테러 위험요소의 구조와 우선순위 분석)

  • Jang Woon-Jae;Yang Won-Jae;Keum Jong-Soo
    • Journal of Navigation and Port Research
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    • v.29 no.6 s.102
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    • pp.487-493
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    • 2005
  • Since the destruction of World Trade Center the attention of the United States and the wider international community has focussed upon the need to strengthen security and prevent terrorism This paper suggests an analysis prior to risk factor and structure for anti-terrorism in the korean maritime society. For this, in this paper, maritime terror risk factor was extracted by type and case of terror using brainstorming method. Also, risk factor is structured by FSM method and analyzed for ranking of each risk factor by AHP. At the result, the evaluation of risk factor is especially over maximum factor for related external impact.

A Study on the Legal Liabilities and Countermeasures against Piracy (해적행위에 대한 법적 책임과 대응방안)

  • Choi Suk-Yoon;Lee Yun-Cheol;Hong Sung-Hwa;Park Jeong-Ki
    • Journal of Navigation and Port Research
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    • v.29 no.1 s.97
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    • pp.43-58
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    • 2005
  • Piracy is the enemy of the human race. Pirates commit acts of murder, robbery, plunder or other villainous deeds at sea, cruelly against humanity. The Republic of Korea(ROK), as a big maritime country, is obliged to suppress piracy under international treaties it ratified, including the UN Convention on the Law of the Sea and the two 1988 Conventions against maritime terrorism The Korean government is recently taking a positive attitude towards the regional cooperation which is necessary for the suppression of piracy in the waters of Southeast Asia In spite of the effects of international cooperation to prevent piracy, it is recently on an increasing trend every year. Such circumstances may have a bad effect on the sound development of world economy by means of trade at sea as well as treat to the safety of crews and safe operation of ships. This paper aims to suggest the countermeasures against piracy in terms of criminal law, civil law and international law in order to secure safe operation of vessels at sea.

Legal Issues in Application of the ISPS Code under Marine Cargo Insurance (해상적하보험에서 국제선박 및 항만시설 보안규칙의 적용상 법률적 쟁점)

  • Lee, Won-Jeong;Yoo, Byung-Ryong
    • Journal of the Korea Safety Management & Science
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    • v.16 no.3
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    • pp.307-316
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    • 2014
  • In view of the increased threat arising terrorism, the International Maritime Organization(IMO) adopted the International Ship and Port Facility Security Code (ISPS Code) which attached to the SOLAS Convention. The ISPS Code requires a comprehensive set of measures to enhance the security of ships and port facilities. For example, a shipowner must obtain the International Ship Security Certificate(ISSC). If the carrying vessel has not ISSC, the ship may be detained by the contracting governments. The Joint Cargo Committee(JCC) in London adopted the Cargo ISPS Endorsement, in which the assured who knowingly ships the cargoes on a non-ISPS Code compliant vessel will have no cover. However, where there is no the Cargo ISPS Endorsement in a Marine Cargo Insurance Policy and the cargo is carried by a non-ISPS Code certified vessel, the legal problem is whether or not it would constitute a breach of an implied warranty of seaworthiness and/or an implied warranty of legality. The purpose of this article is to analyze the potential legal issue on the relations between non-ISPS Code compliant vessel and two implied warranties under Marine Insurance Act(1906) in U.K.

A Study on Jurisdiction under the International Aviation Terrorism Conventions (국제항공테러협약의 관할권 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.59-89
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    • 2009
  • The objectives of the 1963 Tokyo Convention cover a variety of subjects, with the intention of providing safety in aircraft, protection of life and property on board, and promoting the security of civil aviation. These objectives will be treated as follows: first, the unification of rules on jurisdiction; second, the question of filling the gap in jurisdiction; third, the scheme of maintaining law and order on board aircraft; fourth, the protection of persons acting in accordance with the Convention; fifth, the protection of the interests of disembarked persons; sixth, the question of hijacking of aircraft; and finally some general remarks on the objectives of the Convention. The Tokyo Convention mainly deals with general crimes such as murder, violence, robbery on board aircraft rather than aviation terrorism. The Article 11 of the Convention deals with hijacking in a simple way. As far as aviation terrorism is concerned 1970 Hague Convention and 1971 Montreal Convention cover the hijacking and sabotage respectively. The Problem of national jurisdiction over the offence and the offender was as tangled at the Hague and Montreal Convention, as under the Tokyo Convention. Under the Tokyo Convention the prime base of jurisdiction is the law of the flag (Article 3), but concurrent jurisdiction is also allowed on grounds of: territorial principle, active nationality and passive personality principle, security of the state, breach of flight rules, and exercise of jurisdiction necessary for the performance of obligations under multilateral agreements (Article 4). No Criminal jurisdiction exercised in accordance with national law is excluded [Article 3(2)]. However, Article 4 of the Hague Convention(hereafter Hague Article 4) and Article 5 of the Montreal Convention(hereafter Montreal Article 5), dealing with jurisdiction have moved a step further, inasmuch as the opening part of both paragraphs 1 and 2 of the Hague Article 4 and the Montreal Article 5 impose an obligation on all contracting states to take measures to establish jurisdiction over the offence (i.e., to ensure that their law is such that their courts will have jurisdiction to try offender in all the circumstances covered by Hague Article 4 and Montreal Article 5). The state of registration and the state where the aircraft lands with the hijacker still on board will have the most interest, and would be in the best position to prosecute him; the paragraphs 1(a) and (b) of the Hague Article 4 and paragraphs 1(b) and (c) of the Montreal Article 5 deal with it, respectively. However, paragraph 1(b) of the Hague Article 4 and paragraph 1(c) of the Montreal Article 5 do not specify if the aircraft is still under the control of the hijacker or if the hijacker has been overpowered by the aircraft commander, or if the offence has at all occurred in the airspace of the state of landing. The language of the paragraph would probably cover all these cases. The weaknesses of Hague Article 4 and Montreal Article 5 are however, patent. The Jurisdictions of the state of registration, the state of landing, the state of the lessee and the state where the offender is present, are concurrent. No priorities have been fixed despite a proposal to this effect in the Legal Committee and the Diplomatic Conference, and despite the fact that it was pointed out that the difficulty in accepting the Tokyo Convention has been the question of multiple jurisdiction, for the reason that it would be too difficult to determine the priorities. Disputes over the exercise of jurisdiction can be endemic, more so when Article 8(4) of the Hague Convention and the Montreal Convention give every state mentioned in Hague Article 4(1) and Montreal Article 5(1) the right to seek extradition of the offender. A solution to the problem should not have been given up only because it was difficult. Hague Article 4(3) and Montreal Article 5(3) provide that they do not exclude any criminal jurisdiction exercised in accordance with national law. Thus the provisions of the two Conventions create additional obligations on the state, and do not exclude those already existing under national laws. Although the two Conventions do not require a state to establish jurisdiction over, for example, hijacking or sabotage committed by its own nationals in a foreign aircraft anywhere in the world, they do not preclude any contracting state from doing so. However, it has be noted that any jurisdiction established merely under the national law would not make the offence an extraditable one under Article 8 of the Hague and Montreal Convention. As far as international aviation terrorism is concerned 1988 Montreal Protocol and 1991 Convention on Marking of Plastic Explosives for the Purpose of Detention are added. The former deals with airport terrorism and the latter plastic explosives. Compared to the other International Terrorism Conventions, the International Aviation Terrorism Conventions do not have clauses of the passive personality principle. If the International Aviation Terrorism Conventions need to be revised in the future, those clauses containing the passive personality principle have to be inserted for the suppression of the international aviation terrorism more effectively. Article 3 of the 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, Article 5 of the 1979 International Convention against the Taking of Hostages and Article 6 of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation would be models that the revised International Aviation Terrorism Conventions could follow in the future.

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Legislation, Co-ordination Centre and Database System to Respond Security Incidents at Sea

  • Deyi, Gao
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2004.08a
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    • pp.155-159
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    • 2004
  • The International Ship and Port Facility Security (ISPS) Code has come into force on July 7$^{th}$ 2004. It would therefore be prudent that all parties' concerned put in place, methodically, systematically and as soon as possible, all the necessary infrastructure needed to give effect to all the decisions of the Conference. But the ISPS Code doesn't have the details during implementation. For example, how to legislate, administrate\ulcorner How are the data relating to security incident saved\ulcorner So, the author will lay emphasis to expatiate on three aspects in this thesis on the basis of the fact of anti-terrorism at sea.

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