• Journal of the Korean Society of Marine Environment & Safety
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• v.8 no.2
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• pp.45-52
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• 2002

Recently there have been growing disputes between neighboring local governments over jurisdictional rights or property rights of ocean resources in Korean coastal waters. The reasons for the disputes come mainly from the increasing interests by local governments that begin to see the oceans as the source of resources and wealth. The maritime dispute is more complicated and sticky than the inland ones, and requires not only socio-economical but political approach, therefore sometimes demanding a plenty of time and endeavor. Also coastal states that have suffered from maritime boundary problems have different issues under the different environment and historical background. For Korea, as the maritime boundary issue has very recently soared to the surface, though it was latent for the period as long as 20 years, we have just taken steps toward an institutional approach on it, seemingly more to go to reach an agreeable resolutions to the disputes. This paper highlighted the issues surrounding the maritime boundary on the sea surrounding Korean peninsular after addressing the current situation of the boundary disputes. It will help explore and assess the possible solutions to the boundary conflicts over the lateral boundary between local governments.

• Strategy21
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• s.33
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• pp.178-201
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• 2014

China National People's Congress has passed the bill to combine the Marine Law Enforcement into "State Oceanic Administration People's Republic of China". This bill was intended to resolve the overlapping jurisdiction and disputes caused in ocean territory in nearby countries. The purpose of reorganizing the administration was to combine the dispersed organization into one group. This new big administration was basically organized to increase the power of China marine state on the long-term. The reorganization plan is to group General Administration of Customs, China Marine Surveillance, Fisheries Law Enforcement Command, and Border Control Department into one State Oceanic Administration. The new state Oceanic Administration carries the authority to protect rights and enforce the marine law supported by Public Security Bureau. Korea Coast Guard has been cooperating with China Marine Surveillance since 1998 when the first pact was made. The next step expanded to General Administration of Customs. Currently working with Regional Maritime Law Enforcement organizations dealing mostly with illegal Chinese fishing boats and IEODO conflict. In order to solve the problems we face today is to observe the process of the New China Coast Guard administration, analysing the effects that could be caused by the change and to keep close cooperation between the new administrations.

• 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.

• Journal of the Korean Institute of Navigation
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• v.25 no.3
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• pp.283-296
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• 2001

As a matter of fact, the document which has been developed to resolve the obvious conflicts between the interests of buyer and seller is the bill of lading. The bill of lading provides the seller with some security against default by the buyer and the buyer with some assurance of performance of the seller before the buyer is required to make payment. So to speak, the B/L provides some extent protection for both seller and buyer. This is a study on the construction of Liner Bill of Lading(Code name : CONLINEBILL) adopted by BIMCO(The Baltic and International Maritime Conference) and is using a basic bill of lading in the liner ships operation. In this study, the writer makes a wider and deeper study of rights of rights and obligations of Contract Parties by means of the rules of construction, specially focusing the Carriers liability under Carriage of Goods by Sea Act 1971(COGSA 1971), Hague-Visby Rules and Korea Commercial Law.

• Journal of Aerospace System Engineering
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• v.11 no.2
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• pp.35-42
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• 2017

This paper analyzes the intention of the PRC (People's Republic of China) to establish and operate CADIZ to implement the government's maritime policy and strategy and to project its air power in preparation for maritime provocation and contingency, especially over the area where East Asia countries have claimed to have maritime jurisdiction over one another. This paper is also intended to guide the Republic of Korea's response measures for coping with the maritime intention and threat of China by such measures as reinforcing military power, constructing the strategic air base in Jeju, and expanding the present KADIZ.

• Journal of Fisheries and Marine Sciences Education
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• v.28 no.6
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• pp.1549-1560
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• 2016

Today, all the countries of the world newly recognize importance of sea, which are focused on efforts for security of marine territory and fishes resources. Many of the coastal state, to strengthen the rights of their own country EEZ, marine survey and continental shelf development, travels through such maritime jurisdiction in the territorial sovereignty and the EEZ overlaps, deepening complex interests between neighboring countries cooperation activities of the fierce competition, the domestic and foreign been has been carried out. Under such circumstances, is devastated coastal of China, our territorial waters and EEZ has been violated more and more, in spite of the powerful crackdown maritime public power, illegal fishing more resistance intensified. They tend to be gradually organization, collectivization and atrocities. Currently, illegal fishing of Chinese fishing boats in the West Sea of Korea, including the waters near Yeonpyeong Island is prevalent as operating in the coast of the country. Furthermore regrettable one is illegal on a scale and the situation where South Korea of scale of damage caused by it have not been accurately grasp of the operation, but that there is damage of Korea official duty enforcement to crack down the increase to illegal operations year after year have occurred. Violent, illegal fishing of Chinese fishing boats, in order to eradicate the operations of insane at our sea, we investigated to the infringement situations of fisheries resources by multiple fields. each of problems presenting a specific preservation plan in accordance with the function and role of the maritime enforcement organization and other government organization the point. at the same time we will try to seek measures such as a scheme that it is possible to increase the capacity.

• Journal of Fisheries and Marine Sciences Education
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• v.3 no.1
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• pp.35-43
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• 1991

The fishing vessels operation is a kind of maritime profit-making activities, which are complicatedly integrated by the basic and supplemental fishing activities with navigation. The Fishing Vessels Act of Korea defines the character of fishing vessels and gives a legal status to them, and this Act itself is linked with the allied public laws including the Ships Act of Korea. For this reason, the legal status of fishing vessels as Korean flagged ships by the public law is analogous to the general commercial vessels. And the specific character of ownership of the fishing vessels by the Korean Maritime-Commercial Act as a privated law is analogous to the general commercial vessels, nevertheless the Chapter 4(Carriage of goods) and the Chapter 5(General average) of this Act do not apply to the fishing vessels except the fish carriers. A fishing vessel possesses the legal status as a Korean flagged ship by having it registered and putting it on record under the provision of national law, however the principle of genuine link is an important factor for acquisition of nationality. Especially, the basic rules by the Law of the Sea those are attended with the distant-water fishing vessels operation at the overseas fishing ground are summarized as follows ; Firstly, the rights of navigation and fishing activities on the high seas are fundamentally recognized to all states, but the freedom is restricted according to the international legal order aiming at protection of reasonable interests of other states and conservation of the living resources and marine environment. Secondly, in the EEZ or EFZ the freedom of navigation is recognized, but fishing activities are exclusively ruled by the national law of the coastal state. Thirdly, foreign fishing activities are prohibited but the right of innocent passage is recognized in the territorial sea, while both activities are prohibited in the internal waters of the coastal state.

• 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.

• Maritime Security
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• v.8 no.1
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• pp.41-71
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• 2024

In international armed conflict, 'the contraband of war' under 'the law of neutrality' was developed to balance the interests of belligerents' belligerent rights and neutrals' economic interests and it began to change and evolve with the development of trade in the 19th century. The scope of material control expanded during the First and Second World Wars and continues to this day. In particular, a trend toward preventing the military use of 'conditional contraband' that could be used for both military and civilian purposes. In the process, the law regulating contraband of war expanded conceptually to become an 'international export control system' led by international organizations. Today, the contraband of war is still in effect, but there are no laws or guidelines related to the contraband of war in Korea in case of an emergency for the Korean Peninsula. Considering that it is an international practice to create and publicize a list of the contraband of war, it is necessary for Korea to prepare for it. Therefore, this paper examines the historical origins and development of the law regulating of war under the law of neutrality and examines the state practice of the contraband of war control over time. In doing so, this paper will examine the implications of the law regulating contraband of war for the Korean Peninsula through changing in the law regulating contraband of war and state practice.