• 제목/요약/키워드: Jurisdiction of the Coastal States

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

  • 임채현;이윤철
    • 한국마린엔지니어링학회:학술대회논문집
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    • 한국마린엔지니어링학회 2006년도 전기학술대회논문집
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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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유엔해양법협약상 해양과학조사제도 관련 현안문제에 대한 법적 고찰 (Marine Scientific Research Regime in the UNCLOS and Emerging Issues)

  • 이용희
    • Ocean and Polar Research
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    • 제28권3호
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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.

공해상의 범죄혐의 선박에 대한 연안국의 관할권 - 미국의 F/V JIN YINN호 사건등과 관련하여 - (Coastal State's Jurisdiction over Suspected Vessels on the High Seas - In relation to the case of F/V Jin Yinn in USA -)

  • 김종구
    • 해양환경안전학회지
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    • 제17권1호
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    • pp.47-52
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    • 2011
  • 국제법의 일반원칙에 따르면, 연안국은 공해상의 범죄혐의가 있는 외국선박에 대하여 관할권을 행사할 수 없다. 공해상의 선박에 대해서는 국제법상 원칙적으로 기국이 관할권을 가지며, 공해상의 항해 자유의 원칙은 확립된 국제해양법의 원칙이기 때문이다. 따라서 공해상에서 연안국의 관할권 행사에 있어 국제법상 법리적 한계를 인식하고, 외교적 측면에서 실효적인 관할권 행사를 위한 노력이 필요하다는 점을 유념해야 할 것이다. 한편, 국제법상 해석학적 현장성의 법리나, 일부실행행위이론에 따르면, 공해상의 외국 선박에 대하여 연안국의 관할권 행사가 법리상 가능하다. 우리 해양경찰함정과 어업지도선의 공해상의 위법 외국선박의 단속에 있어 국제법상 판례를 통해 확립된 이러한 법리들을 활발히 적용하여 우리의 해상관할권을 적극 행사하도록 해야 할 것이다.

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

  • 손영태
    • 한국콘텐츠학회논문지
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    • 제19권2호
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    • pp.121-134
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    • 2019
  • 우리나라의 해양경찰권이 미치는 해역은 크게 내수, 영해, 접속수역, 배타적 경제수역, 대륙붕(이하 "국내해역"이라 한다) 및 공해로 구분하고 있으며, 이 중 국내해역에서의 해양경찰권은 국제법인 "해양법에 관한 국제연합 협약"을 수용한 국내법을 따른다. 그 밖에 공해에서는 이 협약을 따르도록 하고 있다. 한편, 국내해역을 벗어난 공해에서는 자국 선박이외 외국선박에 있어서는 해적행위 등 이 협약에서 금지하고 있는 반인류적 범죄행위에 한해 제한적으로 관할권을 허용하고 있다. 하지만 공해상에서 연안국의 해양안보와 선박의 안전을 위협하는 외국선박의 불법행위는 반인류적 범죄 이외 여러 유형의 범죄(case)가 발생할 수 있고 명확한 명문규정 없이 이에 행사된 연안국의 관할권은 국가 간 분쟁을 가져올 수 있는 개연성이 높다 할 것이다. 따라서 본 논문에서는 공해상에서 국제 해양질서를 유지하고, 연안국의 해양경찰권을 안정적으로 확보하기 위한 제도적 개선방안에 대해 제시하고자 한다.

불법어업에 대한 해상집행기관의 역할 및 방향 - 중국어선의 불법어업을 중심으로 - (A Study on the Role of Maritime Enforcement Organization As Response of Illegal Fishing)

  • 정봉규;최정호;임석원
    • 수산해양교육연구
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    • 제26권4호
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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.

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

  • 이상고
    • 수산해양교육연구
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    • 제18권2호
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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.

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

  • 염철의;김상구
    • 해양환경안전학회지
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    • 제18권3호
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    • pp.227-233
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    • 2012
  • 해양은 지구상에서 제일 큰 물의 지리적 단위이다. 해양에 관한 국제법은 <유엔 해양법협약>으로 이는 지구상에서 유일한 <지구 헌법>이다. 동 협약에 의하여 세계 1/3의 해양이 연안국에 속하게 되었다. 다시 말해 해양의 이용권과 관리권을 연안국 중심으로 관할권을 주어서 연안국의 관할범위가 넓어지게 된 것이다. 이에 따라 세계 각국의 권력범위는 새로운 변화를 가져오게 되었다. 즉, 해양국토도 육지국토와 마찬가지로 한 국가의 중요한 물질적 조건이 된 것이다. 따라서 현재는 해양에 대한 전력이 그 어느 때 보다도 중요하게 되었다. 이제 해양은 국제 경제와 국제정치 및 군사투쟁의 중요한 무대로서 한 국가의 권익, 자원개발 및 이용에 관한 분쟁이 많이 나타나게 되었다. 이러한 분쟁을 해결하려면 강대한 종합적 국력과 함께 해양력이 필요한 것으로 분석되었고, 해양력에서 가장 큰 비중을 차지하는 것은 해양경찰력으로 나타났다.

신해양질서 10년후 세계어업자원 이용동향 (The Exploitation of World Fishery Resources for 10 Years under the New Regime in the Sea)

  • 이장욱;허영희
    • 수산경영론집
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    • 제23권1호
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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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한국의 원양어업관련 국제분쟁 사례연구 (A Study on International Disputes with Korean Distant-Water Sea Fisheries)

  • 김민종
    • 수산경영론집
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    • 제34권1호
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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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해양경계획정제도에 대한 중국의 입장과 통킹만 사례고찰 (Maritime Boundary Delimitation Regime for the Gulf of Tonkin Dispute and China's Position)

  • 양희철;박성욱;권문상
    • Ocean and Polar Research
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    • 제26권4호
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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.