• Title/Summary/Keyword: Maritime sovereignty

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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.

Reserch for West Sea Northern limit line(NLL) of legal personality (서해북방한계선(NLL)의 법적성격에 관한 연구)

  • Kim, HoChun
    • Convergence Security Journal
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    • v.13 no.5
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    • pp.19-26
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    • 2013
  • The Military Demarcation Line(MDL) divided the two Koreas when armistice agreement was signed in 1953, July 27 but there was no regulation for the sea border. Since then, The North has constantly denied the legitimacy of the sea border, which has remained the inter-Korean maritime border. But the armistice agreement has been virtual maritime demarcation line for the avoidance of hostilities on the Korean Peninsula and maintain and manage the armistice system peacefully. Therefore we should strengthen the Korea's sovereignty over the NLL by tightening the effective control.

China's Military Rise and Regional Maritime Security - Its Neighbors' Strategic Calculations and Various Contingencies - (중국의 군사적 부상과 역내 해양안보 - 주변국의 전략적 대비 및 유사를 중심으로 -)

  • Kim, Taeho
    • Strategy21
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    • s.33
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    • pp.113-147
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    • 2014
  • While China's military rise is an issue of growing importance to regional security, it is worthwhile to note that it is not China's military modernization per se, but its capacity to project and sustain power along and beyond its borders--in particular, the possibility to resolve forcefully its outstanding maritime disputes and various contingencies. This essay argues that China's "anti-access capability"--a U.S.-coined term originally developed for a Taiwan contingency--is equally applicable to other major regional cases such as the Spratly disputes and a North Korean contingency. Furthermore, notwithstanding China's continuos efforts to develop and deploy various types and classes of weapons/platforms, it is the Russian systems and technologies that are most capable and thus likely assigned to the highest mission-critical areas. In assessing China's current and likely future military capability as well as their implications for the region, it is necessary to take note of the following: • There exists asymmetry of military capability between China and its weaker neighbors. While the PLAN is weak in several important aspects, for instance, many of its neighbors' navies are weaker still. • Some have argued that China's foreign policy behavior apparently became more "assertive" in 2009-2013, but it is wiser to keep in mind that China has almost always been assertive and aggressive when it comes to what China defines as "sovereignty and territorial issues" as well as its newest "core interests." • On the South China Sea disputes it is the function of U.S. presence in the theater--in the form of overseas bases and the freedom of navigation--and the PLA's own limitations to project and sustain power for an extended period of time that have largely prevented armed. • While Taiwan remains the idee fixe of China's diplomacy and military, it is and will be a tough nut to crack. China's recent creeping attempts for economic integration with Taiwan should be seen in this context. • China and Japan, the two regional heavyweights and traditional rivals, will likely have a bilateral relationship that is replete with difficulties and tension. China's unilateral announcement of its ADIZ in November 2013 as well as the occasional yet persistent disputes with Japan over the Senkaku/Diaoyudao/Diaoyutai islands are only the latest manifestation of this deeper and difficult relationship. • For Korean security it is imperative to take into account the geostrategic and historical factors. On top of the existing military threats from North Korea, the ROK should be able to employ a) hedging strategy, b) "limited defense sufficiency" strategy, and c) rock-solid relations with the United States.

PRC Maritime Operational Capability and the Task for the ROK Military (중국군의 해양작전능력과 한국군의 과제)

  • Kim, Min-Seok
    • Strategy21
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    • s.33
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    • pp.65-112
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    • 2014
  • Recent trends show that the PRC has stepped aside its "army-centered approach" and placed greater emphasis on its Navy and Air Force for a wider range of operations, thereby reducing its ground force and harnessing its economic power and military technology into naval development. A quantitative growth of the PLA Navy itself is no surprise as this is not a recent phenomenon. Now is the time to pay closer attention to the level of PRC naval force's performance and the extent of its warfighting capacity in the maritime domain. It is also worth asking what China can do with its widening naval power foundation. In short, it is time to delve into several possible scenarios I which the PRC poses a real threat. With this in mind, in Section Two the paper seeks to observe the construction progress of PRC's naval power and its future prospects up to the year 2020, and categorize time frame according to its major force improvement trends. By analyzing qualitative improvements made over time, such as the scale of investment and the number of ships compared to increase in displacement (tonnage), this paper attempts to identify salient features in the construction of naval power. Chapter Three sets out performance evaluation on each type of PRC naval ships as well as capabilities of the Navy, Air Force, the Second Artillery (i.e., strategic missile forces) and satellites that could support maritime warfare. Finall, the concluding chapter estimates the PRC's maritime warfighting capability as anticipated in respective conflict scenarios, and considers its impact on the Korean Peninsula and proposes the directions ROK should steer in response. First of all, since the 1980s the PRC navy has undergone transitions as the focus of its military strategic outlook shifted from ground warfare to maritime warfare, and within 30 years of its effort to construct naval power while greatly reducing the size of its ground forces, the PRC has succeeded in building its naval power next to the U.S.'s in the world in terms of number, with acquisition of an aircraft carrier, Chinese-version of the Aegis, submarines and so on. The PRC also enjoys great potentials to qualitatively develop its forces such as indigenous aircraft carriers, next-generation strategic submarines, next-generation destroyers and so forth, which is possible because the PRC has accumulated its independent production capabilities in the process of its 30-year-long efforts. Secondly, one could argue that ROK still has its chances of coping with the PRC in naval power since, despite its continuous efforts, many estimate that the PRC naval force is roughly ten or more years behind that of superpowers such as the U.S., on areas including radar detection capability, EW capability, C4I and data-link systems, doctrines on force employment as well as tactics, and such gap cannot be easily overcome. The most probable scenarios involving the PRC in sea areas surrounding the Korean Peninsula are: first, upon the outbreak of war in the peninsula, the PRC may pursue military intervention through sea, thereby undermining efforts of the ROK-U.S. combined operations; second, ROK-PRC or PRC-Japan conflicts over maritime jurisdiction or ownership over the Senkaku/Diaoyu islands could inflict damage to ROK territorial sovereignty or economic gains. The PRC would likely attempt to resolve the conflict employing blitzkrieg tactics before U.S. forces arrive on the scene, while at the same time delaying and denying access of the incoming U.S. forces. If this proves unattainable, the PRC could take a course of action adopting "long-term attrition warfare," thus weakening its enemy's sustainability. All in all, thiss paper makes three proposals on how the ROK should respond. First, modern warfare as well as the emergent future warfare demonstrates that the center stage of battle is no longer the domestic territory, but rather further away into the sea and space. In this respect, the ROKN should take advantage of the distinct feature of battle space on the peninsula, which is surrounded by the seas, and obtain capabilities to intercept more than 50 percent of the enemy's ballistic missiles, including those of North Korea. In tandem with this capacity, employment of a large scale of UAV/F Carrier for Kill Chain operations should enhance effectiveness. This is because conditions are more favorable to defend from sea, on matters concerning accuracy rates against enemy targets, minimized threat of friendly damage, and cost effectiveness. Second, to maintain readiness for a North Korean crisis where timely deployment of US forces is not possible, the ROKN ought to obtain capabilities to hold the enemy attack at bay while deterring PRC naval intervention. It is also argued that ROKN should strengthen its power so as to protect national interests in the seas surrounding the peninsula without support from the USN, should ROK-PRC or ROK-Japan conflict arise concerning maritime jurisprudence. Third, the ROK should fortify infrastructures for independent construction of naval power and expand its R&D efforts, and for this purpose, the ROK should make the most of the advantages stemming from the ROK-U.S. alliance inducing active support from the United States. The rationale behind this argument is that while it is strategically effective to rely on alliance or jump on the bandwagon, the ultimate goal is always to acquire an independent response capability as much as possible.

A Study on the transition of Korean-China Fisheries Agreement and improvement of fisheries-relation issues between two countries (한중 어업질서의 진단 및 양국 어업관계의 개선 방향)

  • Kim, Dae-Young
    • The Journal of Fisheries Business Administration
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    • v.45 no.3
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    • pp.19-37
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    • 2014
  • This study is to focus on the status of implementation of bilateral-fishery order based on the Korea-China fisheries agreement and aims to improve fisheries relationship between two countries. Korea-China Fisheries Agreement entered into force in 2001, and serves as a basic framework of the bilateral fisheries order. However, the fishing order between Korea and China has the following limitations. First, it is standstill of joint response for a practical resource management. Second, there are still gaps between the quotas of mutual accord fishing and fishing operation work performance. Third, China's illegal fishing is taking place consistently. Fourth, the effective cooperation between two countries in fisheries is not carried out. Finally, the Korea has faced difficult situations to adhere to a balanced position in the fishery negotiations due to conflicting positions on China and Japan. In order to solve these problems, the fishing order between Korea and China will be able to maintain the competitiveness of Korean fishery sector by reinforcing Korea's fishing sovereignty, Korea and China, based on trust and cooperation, will make efforts to improve bilateral fisheries relations to maximize mutual benefit in fishery sector. Specifically, first, the two countries should strengthen the resources management based on the scientific research and the improvement of imbalance of the mutual agreed fishing in EEZ. Second, Korea has to achieve our targeted performance of fishing operation and establish a joint resources management system between two countries in the provisional measure zone. Third, Korea should implement to collect fisheries information about China fishing vessels which are operating in the EEZ of Korea. Finally, Korea and China should be building up effective governance framework for the establishment of fishing order.

An Examination on International Lawfullness of P. R. China's Territorial Sea Regime (중국 영해제도의 국제법상 합법성 검토)

  • 최종화
    • 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.

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A Study on Korea Coast Guard Intelligence Centered on legal and Institutional comparison to other organizations, domestic and international (해양경비안전본부 정보활동의 법적·제도적 측면의 문제점 분석 및 개선방안 연구)

  • Soon, Gil-Tae
    • Korean Security Journal
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    • no.44
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    • pp.85-116
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    • 2015
  • Found in 23 Dec 1953 to cope with illegal fishing of foreign ships and coastal guard duty, Korea Coast Guard was re-organized as an office under Ministry of Public Safety since the outbreak of sinking of passenger ship "Sewolho". In the course of re-organization, intelligence and investigation duty were transferred to Police Department except "Cases happened on the sea". But the definition of intelligence duty is vague and there are lots of disputes over the jurisdiction and range of activities. With this situation in consideration, the object of this study is to analyse legal and institutional characteristic of KCG Intelligence, to compare them to that of Police Department, foreign agencies like Japan Coast Guard and US Coast Guard, to expose the limit and to suggest solution. To summarize the conclusion, firstly, in the legal side, there is no legal basis on intelligence in [The Government Organization Act], no regulation for mission, weak basis in application act. Secondly, in the institutional side, stated in the minor chapter of [The Government Organization Act], 'the cases happened on sea' is a quite vague definition, while guard, safety, maritime pollution duty falls under 'on the sea' category, intelligence fell to 'Cases happened on the sea' causing coast guard duty and intelligence have different range. In addition, reduced organization and it's manpower led to ineffective intelligence activities. In the case of Police Department, there is definite lines on 'administration concerning public security' in [The Government Organization Act], specified the range of intelligence activities as 'collect, make and distribute information concerning public security' which made the range of main duty and intelligence identical. Japanese and US coast guards also have intelligence branch and performing activities appropriate for the main missions of the organizations. To have superiority in the regional sea, neighboring countries Japan and China are strengthening on maritime power, China has launched new coast guard bureau, Japan has given the coast guard officers to have police authority in the regional islands, and to support the objectives, specialized intelligence is organized and under development. To secure maritime sovereignty and enhance mission capability in maritime safety duty, it is strongly recommended that the KCG intelligence should have concrete legal basis, strengthen the organization and mission, reinforce manpower, and ensure specialized training administrative system.

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Chinese Maritime Dispute Strategy for territorialization in Korea's West Sea (중국의 한국 서해 내해화 전략 분석)

  • Lee, Eunsu;Shin, Jin
    • Maritime Security
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    • v.5 no.1
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    • pp.113-136
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    • 2022
  • China has been pushing for a systematic strategy for territorialization over a long period of time to invade Korea's West Sea (Yellow Sea) in order to create China's territorial water. China's strategy for territorializing the West Sea is an activity in which China curbs the use of South Korea and enforces the illegal use of China in order to dominate the West Sea exclusively. China aided Chinese fishing boats that engaged in illegal fishing in Korea's jurisdiction as a means to territorialize the West Sea, and is opposed to combined exercise and training of Korea and the United States Naval Forces in the West Sea, while intentionally entering KADIZ(Korea Air Defense Identification Zone). In addition, Beijing used 'scientific exploration and research' measures as a pretext for its strategies in order to encroach on Korea's West Sea. China is carrying out such work to announce to the world that China is a systematic and organized country while consistently attempting to dominate the West Sea. China's activities in the West Sea seriously infringe South Korea's sovereignty. In order to respond to China's strategies of territorialization in the West Sea stated above, I analyzed the rejection effect of the ROK-US combined military training in the West Sea and presented a 'proportional response strategy centered on the ROK-US combined forces'. Korea should be able to respond proportionally to China's activities in the seas around the Korean peninsula, and Korea should be able to neutralize China's attempt to a Fait Accompli. In addition, just as China installs buoys in the Korea-China Provisional Measures Zone, Korea should be able to install and actively utilize some devices in the West Sea and for the use of free and open West Sea. Korea should not just wait for the tragic future to come without preparing for China's gradual and long-term strategy, and Seoul needs to respond to China's maritime policy in the West Sea with a more active attitude than it is now. China has historically taken a bold and aggressive response to neighboring countries that are consistent with a passive attitude, on the other hand, Beijing has taken a cautious approach to neighboring countries that respond with an active attitude. It should not be forgotten that Korea's passive response to the Chinese strategy in the name of a 'realistic approach' such as Korea's economic dependence on China for economy will result in China's success for territorialization of the West Sea.

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Why Should the ROK Navy Maintain the Course toward the Construction of a Mobile Task Fleet? : From the perspectives of Capability, Doctrine, and the Organizational Identity (한국해군 기동함대 전력건설방향의 당위성: 능력, 교리, 조직정체성을 중심으로)

  • Lee, Sang-Yup
    • Strategy21
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    • s.31
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    • pp.85-119
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    • 2013
  • This paper asks whether the Republic of Korea (ROK) Navy should continue to focus on building ocean-going naval ships when it faces the threats of North Korean provocations in littoral areas. My position is that the ROK Navy should keep pursuing ocean-going capabilities. I provide explanations why it should do so from the perspectives of three important dimensions: capability, doctrine, and organizational identity. First, I argue that the distinction between a littoral navy and an ocean-going navy is an unnecessary dichotomy. It may lead to inefficiency in national security. The military posture should be designed in a way that it can address all external threats to national security regardless of whether they are from North Korea or not. Such capability is the one that the ROK Navy has tried to acquire with the 'Blue Water Navy' initiative since the 1990s. Second, also from the perspective of lately developed military doctrines that emphasize jointness and precision strike capability, ocean-going capabilities such as the mobile task fleet program have become a must, not an option, given today's security situations on and around the Korean peninsula. Lastly, I draw attention to the fact that the 'Blue Water Navy (BWN)' initiative meant more than just capability to the ROK navy. The BWN represents the ROK navy's organizational identity that the navy has defined since the 1980s as it emphasized promoting national interest and international standing as part of its organizational essence. Furthermore, the phrase 'blue water navy' took on symbolic meanings to the people that are associated with South Korean-ness including sovereignty, national pride, standing in the world and hopes for the future. Since 1990s, many scholars and experts have made the case for the necessity of improving South Korea's naval capability based on different rationales. They emphasized the protection of Sea Lines of Communication (SLOCs), the economic value of the sea, the potential danger associated with territorial disputes over islands, and increasing naval power of neighboring countries since the end of the Cold War. This paper adds to this debate by trying to explain the matter with different factors including naval doctrines and organizational identity. Particularly, this paper constitutes a unique endeavor in that it incorporating constructivist elements (that is, identity politics) in explaining a national security matter.

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Study on the Dispute for the Dominium of Diàoyútái(Senkaku Islands) and Legal Principles between the Countries Concerned (조어대(센카쿠열도)의 영유권 분쟁과 당사국간 법리에 관한 연구)

  • Yang, Hee Cheol;Kim, Jin Wook
    • Ocean and Polar Research
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    • v.36 no.3
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    • pp.255-276
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    • 2014
  • The dispute between China and Japan regarding $Di\grave{a}oy\acute{u}t\acute{a}i$ is believed to be quite similar to the controversy surrounding Dokdo in terms of historical and post-war processes except for the point that the phenomena of occupation is different with regard to Dokdo. China's claim to $Di\grave{a}oy\acute{u}t\acute{a}i$ is based on historical title and continuous use while the basis of Japan's claim is summarized as preoccupancy of ownerless land. Even though Japan acknowledges that China discovered $Di\grave{a}oy\acute{u}t\acute{a}i$, Japan claims that the act to establish sovereignty over the island from the standpoint of International Law was not taken by China. However, at that time, effective occupation was not an essential prerequisite for the acquisition of a territory. That is to say, from a legal perspective, the legal right for an area could be established based on the discovery of the land, and so it is thought that Japan is applying the current criteria of International Law in a manner that is inappropriate. When we review the post-war process, the San Francisco Peace Treaty does not directly mention $Di\grave{a}oy\acute{u}t\acute{a}i$. But based on the said treaty, we can note that Japan gave up all rights for the southern area that is north of the boundary line that equates to latitude $29^{\circ}$ and that includes the Ryuku Islands and $Di\grave{a}oy\acute{u}t\acute{a}i$. Of course, the provisions for the territory in the San Francisco Peace Treaty and its disposal are not the final factor for the judgment regarding dominium of $Di\grave{a}oy\acute{u}t\acute{a}i$. However, it seems clear that Japan's attitude and interpretation regarding the issues of $Di\grave{a}oy\acute{u}t\acute{a}i$, the Kuril Islands and Dokdo is problematic.