• Strategy21
• /
• 통권31호
• /
• pp.142-163
• /
• 2013

Ieodo is a submerged rock within a Korea's Exclusive Economic Zone(EEZ) in the East China Sea with its most shallow part about 4.6m below the sea level which has no specific rights for the EEZ delimitation. The United Nations Convention on the Law of the Sea (UNCLOS) stipulates that any coastal state has the rights to claim an EEZ that stretches up to 200 nautical miles from its shore, except where there is an overlap with a neighboring country's claims. Korea claims that Ieodo is within its EEZ as it sits on the Korean side of the equidistant line and the reef is located on the Korea section of the continental shelf. China does not recognize Korea's application of the equidistance principle and insists that Ieodo lies on its continental shelf. According to UNCLOS, Ieodo is located in international waters, rather than one country's EEZ as the two countries have failed to reach a final agreement over the delimitation of the maritime border. This study seeks to understand the evolution of the People's Liberation Army Navy(PLAN) strategy as main obstacles for the EEZ delimitation between Korea and China. PLAN's Strategy evolves from "coastal defense" to "offshore defence", since the late 1980s from a "coastal defence" strategy to an "offshore defence" strategy which would extend the perimeter of defence to between 200 nm and 400 nm from the coast. China's economic power has increased It's dependence on open trade routes for energy supplies and for its own imports and exports. China want secure Sea Lane. PLAN's "offshore defence" strategy combines the concept of active defence with the deployment of its military forces beyond its borders. China's navy try to forward base its units and to achieve an ocean going capability. China's navy expects to have a 'Blue Water' capability by 2050. China insists that coastal states do have a right under UNCLOS to regulate the activities of foreign military forces in their EEZs. China protests several times against US military forces operating within It's EEZ. The U.S. position is that EEZs should be consistent with customary international law of the sea, as reflected in UNCLOS. U.S. has a national interest in the preservation of freedom of navigation as recognized in customary international law of the sea and reflected in UNCLOS. U.S. insists that coastal states under UNCLOS do not have the right to regulate foreign military activities in their EEZs. To be consistent with its demand that the U.S. cease performing military operations in china's EEZ, China would not be able to undertake any military operations in the waters of South Korea's EEZ. As such, to preserve its own security interests, China prefers a status quo policy and used strategic ambiguity on the Ieodo issue. PLAN's strategy of coastal defence has been transformed into offensive defence, Korea's EEZ can be a serious limitation to PLAN's operational plan of activities. Considering China'a view of EEZs, China do not want make EEZ delimitation agreement between Korea and China. China argues that the overlapping areas between EEZs should be handled through negotiations and neither side can take unilateral actions before an agreement is reached. China would prefer Ieodo sea zone as a international waters, rather than one country's EEZ.

• 한국항해학회지
• /
• 제19권2호
• /
• pp.77-97
• /
• 1995

The protection of the marine environment is one of the main international legal problems in recent years. In parallel with the industrial development, a great quantity of chemical materials were used and in consequence, mass transportation of oil and other dangerous materials was required on the one hand, and discharge of industrial wasters drew also the attention on the other hand. Furthermore, oil tankers accidents, mass use of nuclear materials, sea-bed exploration and exploitation stimulated further deep human concern on the marine environment. The expansion of international concern to new and more dangerous sources of marine pollution regarded more strict and legal control on the Oil Tanker(DWT 95, 000tons, Cb=0.805) model. Calculation results are compared to the international, especially regional level. In particular, this study is concerned with the preservation of the Northeast Asian Seas surrounded by Japan, the Russian Far East, South Korea, North Korea, China and Taiwan. These adjacent countries must intensify cooperation regarding the prevention, reduction and control of the contamination of the sea. And this cooperation between the States concerned should, as much as possible, be aimed at maximizing the effectiveness of measures to prevent or abate transboundary environmental pollution. To achieve this purpose, States concerned should be imposed upon duties such as duty to assess the environmental impact, duty to inform, duty to consult and duty to assist on the basis of general principle of international law, international customary law and other various resolutions of international bodies. Depending on the nature and extent of actual or potential transboundary pollution with the use of a natural resource or the environment in general the establishment of some form of institutionalized cooperation between the States concerned may become useful or indispensable. The functions of this Organization are, inter alia, to keep the implementation of the Convention and the protocals under continuous observation, to make recommendations on regional or sub-regional rules and standards to be elaborated and on measures to be taken by the Contracting Parties, to be notified of any grave and imminent danger from pollution or threat of pollution by the Contracting Parties and to promote in close cooperation with appropriate governmental bodies additional measures to protect the marine environment of the Northeast Asian Seas, and so on. Above mentioned countries, first of all, are located within the Northeast Asian Seas geographically and, therefore, take responsibilities of preserving the clean sea against marine interferences regardless of any difference of the social, political and economic systems. They must be followed under the UNCLOS and other marine conventions. Under the present circumstances, Northeast Asian Seas will become dead seas in case that there is no instant and prompt action against pollution. Hence we have an absolute obligation to promote the development of the mandatory international environmental law, which in turn can faciliate more effective implementation of the regional cooperation by the neighbouring states within this area.

• 항공우주시스템공학회지
• /
• 제10권1호
• /
• pp.127-132
• /
• 2016

Recently, China & Japan have expanded their responding ADIZ(Air Defence Identification Zone) to implement each Government's maritime policy and to project their Air Power in preparation for maritime provocation & contingency, especially over the piled area where East Asia countries have claimed to have maritime jurisdiction one another. So this is to guide the Development Option for Korea Air Defence Identification Zone to cope with the maritime intentions of the neighboring countries, considering the international law for ADIZ, the maritime policy and the maritime sovereign & jurisdiction area of the Republic of Korea, etc.

• 항공우주정책ㆍ법학회지
• /
• 제26권2호
• /
• pp.41-68
• /
• 2011

이 글은 공전규범상 국제적 무력충돌 상황에서 군전투기가 특히 공대공 상황에서 취해야 하는 사전예방조치의 법리와 쟁점을 다루고 있다. 그러나 이러한 논의를 어렵게 하는 것은 현행 공전규범체제가 단일 조약의 형태와 같은 독립적인 체제를 가지고 있지 못하다는 것이다. 현행 공전규범은 국제관습법의 형태와 1949년 4개의 제네바협약 및 2개의 추가의정서에 사안에 따라 관련 규정을 마련하거나 특정 원칙이나 규정을 준용하는 형태로 존재하고 있는 것이 현실이다. 따라서 필연적으로 공전규범체제의 내용은 다소 명확하지 아니하며 그 해석과 적용에 있어 분쟁을 야기하기도 한다. 이에 이 글은 조약으로 존재하는 1949년 제네바협약 제1추가의정서의 관련 규정뿐 아니라 비교적 최근 작성된 하버드대학교의 "공전 및 미사일전에 적용 가능한 국제법에 대한 매뉴얼, ICAO매뉴얼 등의 문서를 같이 고려하면서 사전예방조치와 관련한 규범과 관련쟁점을 살피고 있다. 이러한 연구를 통해 아울러 국제공전규범의 발전 메커니즘의 특징을 국제항공법규범과 공전규범 사이의 상호 영향과 관계를 조망하고 있다.

• 수산해양교육연구
• /
• 제3권1호
• /
• pp.9-20
• /
• 1991

The authors investigated the existing international fishery relationship in the sea around the Korean Peninsula, and prospected on the reformation of the fishery order which might be followed by mutation of the international political condition and by effectuation of the U.N. Convention on the Law of the Sea in the future. It can be explained that the existing international fishery order in this sea has been constituted on the basis of restricting Japanese indiscriminate fishery expansion. But. when the South Korea and China proclaim the 200-mile EEZ in the future, a considerable part of existing fishery agreements will forfeit the role as general norms of the international fishery relationship. Accordingly a counterplan against the revision or abrogation of the Korea-Japan Fishery Agreement must be considered. And also a rational fishery relationship between Korea and China, as confronting countries, must be organized. The South-North Korea fishery relationship must be settled on the basis of co-operation. trust, and common interest. For this purpose, a political discussion on the establishment of the joint fishery zone around the military demarcation line and on the conservation for the fishery resources must be begun in earnest.

• 무역상무연구
• /
• 제34권
• /
• pp.109-131
• /
• 2007

This paper has focusing CheongHaeJin's maritime trading activities between Korea, China and Japan in the 9th century. In operation of CheongHaeJin which Chang BoGo was given a key role, CheongHaeJin creates three nation's wealth in triangular trade among Korea, China and Japan. And also, CheongHaeJin's contribution is considerable to the maritime trade development of Northeast Asia through establishing trading advance base in China and Japan, and organizing Shilla's people in China. Chang BoGo justified the control over small business groups of the west and south sea of Korea and the east and south sea of China by keeping pirates away His trade groups controlled foreign trade of three countries: Shilla, the Dang Dynasty of China and Japan. They connected Persia, India, Southeast Asia, and China. CheongHaeJin's key success factors of the maritime activities are summarized as follows; There is a possibility of searching that successful factor from the people of operator of CheongHaeJin. Based on oceanic adventurous spirit with character and progressive thinking could complete the rally of sea influence and composition of fleets. Secondly, the success factor is the excellent operational ability and leadership which learned in the Dang Dynasty of China. Thirdly, In 9th century, International political context was suitable for CheongHaeJin's construction and operation. Such political circumstances had given to CheongHaeJin remunerative position. Finally, Although central government could not maintain the sea traffic securities, Chang BoGo's ocean trading fleets guaranteed the safe fishing industry of people and security of sea traffic.

• 수산경영론집
• /
• 제48권3호
• /
• pp.15-32
• /
• 2017

This article's aim is to review the jurisprudence which has emerged pursuant to the international dispute settlement provisions and to provide a provisional expectation as to the future of international dispute settlement under "UNCLOS". Globally, marine fisheries play an important role in ocean biodiversity and the food security of millions of people, providing a vital source of high-quality dietary protein and supporting individuals' livelihoods and income. In the 1982 Convention, the establishment of co-operative mechanisms for effective monitoring, control, surveillance and enforcement, decision-making procedures facilitating the adoption of such measures of conservation and management, and the promotion of the peaceful settlement of disputes are called for. In this study, 'Northeast Asian Sea' means that the Yellow/East China Sea, the East Sea, the Ohotsk Sea, the Kamchaka Sea, the Alaska Sea, and the Bering Sea surrounded by Korea, China, Japan, Russia, U.S.A. and Canada including their EEZs. There are several bilateral fisheries agreements existing in Northeast Asian area, the Fisheries Agreement between Republic Korea and Japan, between Republic of Korea and China, between China and Japan, between Republic Korea and U.S.A., between Republic Korea and Russia, between Russia and Japan, And there are several regional fisheries organizations existing in Northeast Asian area, for example NPAFC(Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean), CBSPC (Convention on the Central Bering Sea Pollack Conservation), PICES(North Pacific Marine Science Organization), NPFC(North Pacific Fishery Commi-ssion) etc. It analyzed the proliferation of bilateral treaties and multilateral treaties due to the adoption of the EEZ in Northeast Asia reviewed the strengthening of management rights on the high seas marine living resources and marine environment preservation of regional fisheries organizations. In view of the changes in the international fisheries mechanism this paper suggested the future direction of the country in overseas fisheries. We concluded as follows. We shall apply bilateral treaties first, regional fisheries organizations' treaties secondly, and provisions under "UNCLOS" for dispute settlement last.

• 수산해양교육연구
• /
• 제6권1호
• /
• pp.77-91
• /
• 1994

The Yellow Sea and the East China Sea are the most important fishing grounds for the fishing industry of Korea, China and Japan which are major coastal states of these Seas. But the fishery resources in these fishing grounds are almost exhausted and also the sea region is seriously polluted. Accordingly an international joint countermeasure is necessary to recover the fishery resources and to keep the fishery a continuous industry. The authors inspected the existing fishery policies and international fishery relationship of the three coastal states, and suggested rational conservation and management regime of the fishery resources in these sea regions. 1. At present the legal status of the sea region beyond territorial sea is the high sea, for that reason the international cooperation is urgently needed to establish common regime for conservation and management of the fishery resources. 2. A series of scientific research on ecological system of fishery resources must be carried out in the sea region first of all for that purpose. 3. The existing Korea-Japanese Fishery Agreement and Sino-Japanese Fishery Agreement should be reformed to coincide with the new legal order of the UNLOS Convention, and the Sino-Korean Fishery Agreement should be concluded newly on the identical line. 4. As a conclusion, a joint conservation and management regime through a regional fishery organization or a individual conservation and management regime through the promulgation of exclusive economic zone by each state can be suggested to resolve the fishery resources conservation problem in the Yellow Sea and the East China Sea.

• 해양환경안전학회:학술대회논문집
• /
• 해양환경안전학회 2003년도 추계학술발표회
• /
• pp.35-44
• /
• 2003

본 연구는 제주해협의 통항문제를 유엔해양법협약을 기초로 검토하여 제주해협의 국제법상 지위 및 이에 상응하는 통항제도를 구체적으로 제시하고자 한다. 이를 위하여 제주해협의 지리적 특성, 유엔해양법협약상의 통항제도, 제주해협의 통항문제 및 북한상선의 제주해협문제 등을 고찰한다.

• 무역상무연구
• /
• 제53권
• /
• pp.101-133
• /
• 2012

The paper aims to analyse the obligations and Responsibilities of shipper in the Rotterdam Rules. The Rotterdam Rules, has underlying intention that it will provide uniform law for the international carriage of goods by sea. It is highly expected that the Rotterdam Rules will create the new international legal regime replacing Hague-Visby Rules and Hamburg Rules. Rotterdam Rules provide the obligations and responsibilities of shipper in express. The shippers obliged to provide, (a) duty as to the condition in which the cargo has to be delivered to the carrier, (b) cooperation of the shipper and the carrier in providing information and instruction, and (c) shipper's obligation to provide information, instructions and documents. The shipper is liable for loss or damage sustained by the carrier if the carrier proves that such loss or damages was caused by a breach of the shipper's obligations. However, the shipper is relieved of all or part of its liability if the cause or one of the causes of the loss or damage is not attributable to its fault or to the fault. But, the shipper shall indemnify the carrier against loss or damage resulting from the inaccuracy of such information. Rotterdam Rules is providing rather concrete as to the shipper's responsibilities and burden of proof in separate chapter. The question is whether such burden of proof of the fault should be imposed to the shipper.