• Title/Summary/Keyword: Jurisdiction of the Coastal States

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The right and duties of the coastal state over the continental shelf (연안국의 대륙붕에서의 권리와 의무)

  • Lim, Chae-Hyun;Lee, Yun-Cheol
    • Proceedings of the Korean Society of Marine Engineers Conference
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    • 2006.06a
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    • pp.137-139
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    • 2006
  • The Continental shelf is important part of the coastal states' jurisdiction at sea, because there are many natural resources in continental shelf. This paper examines the concept and legal status of the continental shelf, the limit of the continental shelf, and expecially the rights and duties of the coastal state relating to its continental shelf.

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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.

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.

A Study on the Maritime Police Authority of Korea Coast Guard on the High Seas of International Law (국제법상 공해에서의 우리나라 해양경찰권에 관한 연구)

  • Son, Yeong-Tae
    • The Journal of the Korea Contents Association
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    • v.19 no.2
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    • pp.121-134
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    • 2019
  • The areas be affected maritime police authority of the Republic of Korea, are largely classified as inland waters, territorial waters, exclusive economic zone and continental shelf(hereinafter referred to as "domestic sea area") and high seas. Of these, the maritime police authority in domestic sea area follows a municipal law that accommodates the United Nations Convention on the Law of the Sea(UNCLOS). In addition, this Convention shall apply on the high seas. Meanwhile, on the high seas, foreign vessels other than domestic vessels are allowed to be subject to limited jurisdiction only for the anti-mankind criminal acts, such as piracy etc. this is in accordance with the principle of "Freedom of the high seas" and "maritime flag state," under this Convention. However, the illegal acts of foreign vessels that threaten the security of coastal states and the safety of ships on the high seas can cause many types of crimes other than anti-mankind criminal acts, and the jurisdiction of the coastal states exercised may lead to conflicts between countries. Therefore, this article would like to suggest a plan for institutional improvement to maintain international maritime order on the high seas and secure maritime police authority in coastal states.

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.

A Study on the Structural Problems and Global Development Model and Policy of the Distant-water Fisheries, Korea (원양어업의 경영구조적 문제와 글로벌 발전모델 및 정책에 관한 연구)

  • Lee, Sang-Go
    • Journal of Fisheries and Marine Sciences Education
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    • v.18 no.2
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    • pp.85-97
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    • 2006
  • With extension of national jurisdiction over coastal living resources, new dimensions and objectives should be added to international cooperation in distant-water fisheries concepts. For distant-water fishing nations, Korea, joint exploitation of these resources is today considered not only as a way of producing additional income opportunities, but first of all as at least a partial solution to neutralization of harvesting limitations imposed on them in traditionally exploited fishing grounds.This paper explores the development of Korean distant-water fisheries agreements and reviews the various types of agreements currently in place and discusses the future of Korean distant-water fisheries agreements with third countries. The relationship between coastal States and fishing fleets from non-adjacent countries has been transformed since the 1980s. This was primarily a result of the declaration of Exclusive Economic Zones(EEZs) by many coastal states in the years leading up to the close of the negotiations of the UNCLOS in 1982. Significantly, by recognizing the right of coastal states to determine how their waters were to be exploited, UNCLOS provided a legal basis and economic motivation for the negotiation of access agreements between coastal states and distant-water fishing nations, KoreaThere is a real danger that Korean distant-water fisheries agreements could and do result in the adverse environmental impacts experienced in Korean coastal waters being transferred to third country water and consequently creating socio-economic problems for these third countries. Korean distant-water fisheries agreements with third countries have the potential to be a force for good if they are well managed and if the principals that will be applied within Korean coastal waters, through the reform of the distant-water fisheries policy, are applied equally upon third country waters.

A Study on the Marine Interests and Marine Force Theory (해양의 이익과 해양력에 관한 연구)

  • Yan, Tie-Yi;Kim, Sang-Goo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.18 no.3
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    • pp.227-233
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    • 2012
  • The oceans are the largest body of water geographical unit in the earth. In accordance with the general said of the international law, countries on the international law must have four elements: 1) settled residents; 2) determined territory; 3) a certain degree of government organizations; 4) the sovereignty. The country's basic rights are: 1) the right to independence; 2) the right to equal; 3) the right to jurisdiction; 4) the right to self-protection. UNCLOS as the only one of the "Constitution of the Earth" on the earth, the implementation of its entry into force make about 1/3 of the world's oceans should be assigned to the coastal states, in the use and management of ocean gave the coastal states the center jurisdiction, the coastal states' jurisdiction sphere had been expanded, the power comparison among all countries in the world had new changes. The ocean territory, like the land territory, is the most major material condition of a country. The ocean's strategic status is extremely important, is the important stage of the international political, economic and military struggle, there are many disputes about the rights and interests, resources and the development and utilization on the oceans. To resolve these disputes is bound to depend on a strong comprehensive national strength, including politics, economy, science and technology, as well as the powerful marine force, in which maritime police plays an important role.

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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A Study on International Disputes with Korean Distant-Water Sea Fisheries (한국의 원양어업관련 국제분쟁 사례연구)

  • 김민종
    • The Journal of Fisheries Business Administration
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    • v.34 no.1
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    • pp.69-85
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    • 2003
  • The primary objective of this thesis is to study, case by case, the international disputes for fishing rights between fishing nations and costal states never imagined till the introduction of the UN Convention on the Law of the Sea adopted in 1982 and came into effect in November 16, 1994, which governs the high seas and EEZ in a new manner. Such a study is to provide help in the understanding on this new marine system and how to deal with. This is addressed by the perspectives of disputes (a) in the high seas between fishing nations having traditionally enjoyed the principle of the freedom of the high seas and costal states, (b) in the EEZ between fishing nations and costal states possessing the exclusive jurisdiction over living marine resources and sovereign rights for determining allowable catch and the surplus in its EEZ. The article can be divided into four main parts. First, both the general principles of the settlement of international disputes, and the nature and procedures described in the UNCLOS are introduced. Second, it gives cases of tuna long-liner, North Pacific trawler and squid jigger occurred in the coastal states EEZ, and analyses the problem in both terms of its background and final judgment. It further describes the possible issues in case it depends on the International Tribunal for the Law of the Sea for its settlement. Third, closely tied to above, important points such as the right of hot pursuit, prompt release of vessel and crew, and the limits of cooperation with costal states inspector on board fishing vessels are considered mostly based on the UNCLOS, Bilateral Agreement and UNIA. Finally, the article concludes as follows ; The need for broad analyses on the nature of international suits and legal system for the settlement, to win the case before the International Tribunal for the Law of the Sea or coastal states court, is really acknowledged. However, considering the lack of previous studies about it, it is preferably recommended that governmental efforts for making legal standards to cover the judicial costs, for helping industry out of becoming bankrupt.

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Maritime Boundary Delimitation Regime for the Gulf of Tonkin Dispute and China's Position (해양경계획정제도에 대한 중국의 입장과 통킹만 사례고찰)

  • Yang, Hee-Cheol;Park, Seong-Wook;Kwon, Moon-Sang
    • Ocean and Polar Research
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    • v.26 no.4
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    • pp.669-678
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    • 2004
  • Coastal states are adopting maritime boundary delimitation as their primary maritime policy because maritime jurisdiction directly relates to vast economic interest. This becomes specially important and sensitive when complex maritime boundary issues are involved between neighboring coastal states. China has not actively carried out nor declared maritime boundary delimitation until recently with any country except Agreement between China and Viet Nam on the demarcation of the territorial water, the exclusive economic zones and the continental shelf of China and Vet Nam in the Gulf of Tonkin on 25 December 2000 (hereinafter, the Gulf of Tonkin Agreement). The principles that governs maritime boundary delimitation are to consider primarily an agreement between States concerned, however, if no agreement can be reached, all relevant circumstances are considered to achieve an equity between concerned States. Relevant circumstances are length of coastline, form of coastline, existence and position of island or islands, speciality of geology/topography, and factor of economy and deffnce. Factors which sinologists are considering in regard to continental shelf delimitation of the Yellow Sea are as follows; i) geographical factor, ii) geological factor, iii) topographical factor, iv) environment and ecological (factor, v) historic interest, and vi) social and economic interest. The 'Gulf of Tonkin Agreement' is completed by basically applying the principle of delimitation according to median line which seems that China has adopted the maritime boundary delimitation principle of 'half and half' which was the intention of chinese government. At the same time, China recognized Viet Nam's dominion and sovereign right over the partial exclusive economic zone and the continental shelf of Dao Bach Long Vi in Gulf of Tonkin. This case can be considered as an example of mutual concession or compromise in delimiting maritime boundary for states of concerned.