• The Journal of Fisheries Business Administration
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• v.24 no.1
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• pp.45-64
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• 1993

The law of territorial sea is a fundamental law by which the width of sovereign domain of a coastal state is determined. The P.R.China'a regime on the territorial sea was established through the Declaration on China's Ttrritorial Sea of 1958 and the P.R.China's Territorial Sea and Contiguous Zone Law of 1992. And the P.R.China's consistent policy on the territorial sea can be summarized as follows ; \circled1 The adoption of the straight baseline and 12 nautical miles of the territorial sea width, \circled2 The foreign merchant vessels can enjoy the right of innocent passage, while requesting for prior permission for the foreign military vessels on the entry into territorial sea. \circled3 The Chiungchow Strait and the Bohai Bay are claimed as the internal waters. \circled4 Enlistment of the whole coastal islands including the Taiwan. 12 nautical miles of the territorial sea width can be recognized as lawfull with respect to the 1982 UNLOS Convention. But the P.R.China's Territorial Sea and Contiguous Zone Law of 1992 contains some problems on the legality viewed in the light of customary international law. Firstly, it can be said that the adoption of simple straight baseline is not reasonable, and it must be investigated closely on the hidden intention of China. Secondly, there involved some possibility of international dispute on making Tung Tao which is 69 nautical miles apart from the mainland of a basepoint and on making the Bohai Bay of a historic bay. And also public notification of all basepoints for the straight baselines is necessary to meet the requirement of customary international law, Thirdly, two military zones established unilaterally in 1950 are illegal with respect to the customary international law, and they must be repealed deservedly. Fourthly, there have a lot of restrictions on the innocent passage even for foreign merchant vessels by the municipal law such as the Maritime Traffic Safety Law. As a conclusion, the P.R.China's territorial sea regime contains some illegal elements such as unilateral expansion of the maritime sovereignty or jurisdiction. In order to meet the general principle of the international law, the P.R.China's territorial sea policy must be modified on the basis of multilateral agreement with the states concerned. And Korea, as a state with opposite, has a definite right to take countermeasure agaist the P.R.China's contiguous zone.

• Journal of Fisheries and Marine Sciences Education
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• v.13 no.1
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• pp.99-116
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• 2001

Testing is a procedure used to measure a sample of behaviour in order to discover how well a seafarer performs, usually in comparison with others, or compared with identified performance criteria. In this context It is important that the test, in whatever form it is being used, yields consistent results by being valid, reliable and practical. Whilst we can only take a sample of a person's knowledge or comprehension about topic in this way, testing methods do provide a more reliable estimate of performance than most other observational techniques; unsystematic or irregular observation being too unreliable. The method of examination has been specified in the provisions of Regulation 12 of the Decree of the ship officers act as followings. Other necessary matters for conducting oral and written examinations have been set out by the Minister. But written examination is too shortage of period and small number of question to cover the qualification of each level and oral test is just simple and namely Traditionally, written examinations have been provided as the only means for determining the acquisition of knowledge by the mariner. Typically, the examination formats have taken the format of either an essay or multiple choice examinations. Essay items, used in the vast majority of subject examination(not in Korea), consisted of three basic types: situational, descriptive and computational. The level of certificate being examined determined the number and mix of the type of essay questions selected. Oral question has again been used by assessors of seafarer in a wide variety of contexts. Also, oral questioning is often used when observation of performance is undertaken to ask why a certain action has been taken, or to be broaden the scope of what has been observed. At end, Each techniques have their own advantage and disadvantage, so we have to choose some or all of the following techniques, depending upon the certificate, qualification or job for which the trainee is aiming. But in high lank, we have to use both of essay type and multiple choice and with enough time of oral test at least 30 minutes. Who would be the assessor? According to the STCW Code Section A-I/6, instructors, supervisor and assessors are appropriately qualified for particular types and levels of training or assessment of competence of seafarers either on board or ashore, as required under the Convention, in accordance with the provisions of this section.

• Strategy21
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• s.31
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• pp.142-163
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• 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.

• Journal of the Korean Society of Marine Environment & Safety
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• v.24 no.6
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• pp.717-725
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• 2018

IMO developed VIMSAS for effective application of IMO instruments related to maritime safety and environmental protection and was implemented from 2006 to 2016. Based on this, the purpose and procedures of VIMSAS applied to IMO member states by trial, and IMSAS was enforced from January 1st 2016. IMSAS was implemented to ensure that IMO Member States, such as flag states, coastal states and port states that ratified the IMO Convention, are properly performing their given responsibilities and to ensure the effective implementation of the IMO instruments through the improvement of identified non-conformities. In this study, the auditing contents and procedures were verified based on IMO documents in order to prepare for the IMSAS audit of Republic of Korea scheduled for 2020. For this purpose, this study proposed an update of a directory, development of monitoring system for information reporting required by IMO instruments, designation of relevant experts, preparation of an English version of related national laws, training of IMSAS auditors and establishment of an IMSAS audit response team for audit of IMSAS in 2020 by referring to the results of the VIMSAS for Republic of Korea, major findings of the VIMSAS of other IMO member states, and Consolidated Audit Summary Report (CASR), which was submitted at the 5th IMO III sub-committee.

• Korean Journal of Heritage: History & Science
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• v.57 no.1
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• pp.180-195
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• 2024

Community beliefs of the coastal villages in Gochang are cultural activities and rituals manifesting the hopes and spiritual worlds of the locals who live off the sea and tidal mud. Along with their societal functions wishing for peace, maritime safety, and good catches, the values of the Jwajeongdam (How god came to be), Yuraedam (History of worshipping), and Yeongheomdam (Stories of miracles), as living heritage need to be reexamined according to the recent Convention for the Safeguarding of the Intangible Cultural Heritage. The community beliefs of the coastal villages in Gochang, where outstanding universal intangible and tangible values coexist, have been perpetually transmitted in interactions with tidal mud and the ecological environments of the sea. They reinforce the "Outstanding Universal Value" UNESCO mentions and sustainability that connects the past, present, and future. Furthermore, a coastal area is endowed with international accessibility over regionality. Hence the community beliefs are charged with eco-cultural values, which its preservation and promotion should also focus on to provide policies and protection activities. In short, the tidal mud and community beliefs of coastal villages in Gochang, which according to the concept of UNESCO's "mixed heritage," meet the values for natural, cultural, and intangible heritage at the same time, and so must be approached not in the scope of points or lines, but also in surfaces when arranging protection initiatives.

• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.7
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• pp.987-994
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• 2021

The Yellow sea, as described in article 123 of UNCLOS, is semi-enclosed sea surrounded by the Republic of Korea, the People's Republic of China and North Korea. In addition, the Yellow Sea is one of the 66 large marine ecosystems as it contains large amounts of marine resources. According to article 194 of UNCLOS, states should be aware of rights and duties with respect to the protection and preservation of the marine environment to be engaged with countries directly as regional entity or indirectly. Therefore, the legal blank is urgent in terms of trans-boundary environmental pollutant issues. The UNDP has conducted a project called Yellow Sea Large Marine Ecosystem (YSLME) which has reached the 2^nd phase. The project has some notable achievements, namely performing joint activities on analysis of diagnostic trans-boundary issues in collaboration with China and South Korea, developing a strategic action plan based on TDA, and establishing regional strategic action plan. However, on the other hand, the project could not reflect the full participation of North Korea as a state party. As a result, the project has a limitation on effective implementation of RSAP. Therefore, this study focuses on the suggestion of a legally-binding trilateral treaty as a blue print for the next, 3^rd phase of the project. By analyzing the best practice of the Wadden Sea Trilateral Treaty case, the study verifies the validity of legislative measures on establishing and managing a legally-binding trilateral YSLME Commission. By suggesting a three phase treaty, incorporating a joint declaration by establishing the commission, the signing of the treaty, and formulating an umbrella convention and implementation arrangement, the study expects to guarantee the consistency and sustainability of the trilateral treaty regardless of political issues pertaining to North Korea.

• Journal of the Korean Society for Marine Environment & Energy
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• v.15 no.3
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• pp.263-272
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• 2012

Carbon dioxide, emitted by human activities since the industrial revolution, is regarded as a major contributor of global warming. There are many efforts to mitigate climate change, and carbon dioxide capture and geological storage (CCS) is recognized as one of key technologies because it can reduce carbon dioxide emissions from large point sources such as a power station or other industrial installation. The inclusion of CCS as clean development mechanism (CDM) project activities has been considered at UNFCCC as financial incentive mechanisms for those developing countries that may wish to deploy the CCS. Although the Conference of the Parties serving as the Meeting of the Parties to the UNFCCC's Kyoto Protocol (CMP), at Cancun in December 2010, decided that CCS is eligible as CDM project activities, the issues identified in decision 2/CMP.5 should be addressed and resolved in a satisfactory manner. Major issues regarding modalities and procedure are 1) Site selection, 2) Monitoring, 3) Modeling, 4) Boundaries, 5) Seepage Measuring and Accounting, 6) Trans-Boundary Effects, 7) Accounting of Associated Project Emissions (Leakage), 8) Risk and Safety Assessment, and 9) Liability Under the CDM Scheme. The CMP, by its decision 7/CMP.6, invited Parties to submit their views to the secretariat of Subsidiary Body for Scientific and Technological Advice (SBSTA), SBSTA prepared a draft modalities and procedure by exchanging views of Parties through workshop held in Abu Dhabi, UAE (September 2011). The 7th CMP (Durban, December 2011) finally adopted the modalities and procedures for CCS as CDM project activities (CMP[2011], Decision-/CMP.7). The inclusion of CCS as CDM project activities means that CCS is officially accredited as one of $CO_2$ reducing technologies in global carbon market. Consequently, it will affect relevant technologies and industry as well as law and policy in Korea and aboard countries. This paper presents a progress made on discussion and challenges regarding the issue, and aims to suggest some considerations to policy makers in Korea in order to demonstrate and deploy the CCS project in the near future. According to the adopted modalities and procedures for CCS as CDM project activities, it is possible to implement relevant CCS projects in Non-Annex I countries, including Korea, as long as legal and regulatory frameworks are established. Though Korea enacted 'Framework Act on Low Carbon, Green Growth', the details are too inadequate to content the requirements of modalities and procedures for CCS as CDM project. Therefore, it is required not only to amend the existing laws related with capture, transport, and storage of $CO_2$ for paving the way of an prompt deployment of CCS CDM activities in Korea as a short-term approach, but also to establish the united framework as a long-term approach.

• Journal of the Korean Society of Marine Environment & Safety
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• v.23 no.6
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• pp.690-698
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• 2017

Vietnam is a marine nation with more than 3,444 km of shorelines, thousands of islands, and 2,360 rivers and canals of over 42,000 km long. As the frequency and the volume of oil transportation by ships increase, the possibility of oil spill incidents becomes higher than ever. Fuel oil and cargo oil spills at sea have widespread impact and long-term consequences on marine ecosystems, coastal resources and human health as well as socio-economy. This study is to show not only the present state of marine oil spills in Vietnam such as the number and the volume of oil spills for two decades, and an overall about Vietnamese national response system like national framework for Oil Spill Response (OSR), etc. but also to present the recommendations for enhancing national capability in response to oil spill incidents in Vietnam, especially, with a comparison of national OSR systems between Vietnam and South Korea. As the result, the number and the volume of marine oil spills in Vietnam showed an upward trend as opposed to a downward trend in South Korea. This means that Vietnam has the possibility of oil spills in coastal waters. Therefore, three main recommendations for the enhancement of national OSR capability in Vietnam are proposed as follows: (1) the development of alternative plan for reenforcing national OSR system involving legal system for preparedness and response to oil spill pollution such as the acceptance and implementation of OPRC Convention as well as the establishment of national fund compensating for the damage and loss caused by oil pollution; (2) the enhancement of a consistent reporting, alerting and monitoring system; and (3) the development of training and exercise programs with standard contents of educational courses.

• Journal of the Korean Society of Marine Environment & Safety
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• v.18 no.3
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• pp.213-220
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• 2012

International Maritime Organization made International Convention for the Safety of Life at Sea to require all ships to carry official charts, both paper and electronic, and is especially encouraging the use of Electronic chart display and information system (ECDIS). Recently, the argument that all Electronic Charts(ENC) displayed in ECDIS should be distributed through Regional ENC Coordinating Center is being raised within the IHO. The use of ECDIS was generalized, but the existing two RENCs in Europe are thought to be not enough. Especially, East Asian region, due to its rapid growth in economy and marine traffic, RENC is found necessary. This research establishes the legitimacy and strategy of East Asian RENC by defining the roles of RENC based on the IMO ECDIS Mandatory Carriage Requirement and RENC operation status through suggesting a "Phase-In" RENC model, which was built upon the strategy of East Asian Hydrographic Commission(EAHC).

• Strategy21
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• s.38
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• pp.287-320
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• 2015

On October 27, 2015, USS Lassen(DDG82), a 9,200 ton class Aegis destroyer of the United States Navy, began its operations within 12 nautical miles of Subi Reef, one of the seven artificial islands that China has built and claimed sovereignty over. The maneuver was joined by anti-submarine patrol airplanes such as P-8A and P-3. The White House press secretary mentioned that the President of the United States approved the operation. In response, China announced that it warned the US Navy ship about the 'illegal violation' by sending two destroyers(PLAN Lanzhou and Taizhou). This event represents a close call case where tension between the United States and China in the South China Sea might have been elevated to a conflict between the two navies. Moreover, considering that this happened only one month after Chinese president Xi's state visit to the United States, the event shows that the positions of the two countries have become starkly different to the extent that they are so hard to be reconciled. The United States' position is different from those of Vietnam and the Philippines. Countries like Vietnam and the Philippines have been directly involved in disputes with regard to sovereignty claims across the waters in the South China sea. As for the United States, being a third party in the disputes, it still cannot be a by-stander watching the whole waters in the region fall under the influence of China. Accordingly, the United States maintains that all countries bear the rights of innocent passage and military operations in the Exclusive Economic Zones(EEZ) as stipulated by the United Nations Convention on the Law of the Sea(UNCLOS). In contrast, China claims that, historically, the South China sea has been part of China's territorial waters, and that foreign countries are not allowed to conduct military operations within the waters. It strongly accuses that such military operations are illegal. Against this background, this paper tracks the different positions of the United States and China on the issues regarding the South China sea. It also carefully looks at the possibility that, in the process of dealing with the issues, the two countries may get into an armed conflict as the phrase 'Thucydides Trap' predicts.