• Ocean policy research
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• v.33 no.2
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• pp.57-82
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• 2018

This study aimed to review the reorganization of fisheries and the future tasks in accordance with the establishment of new fishery order in the Northeast Asian Seas. As the United Nations Convention on the Law of the Sea, which recognized the sovereign rights of Coastal States in a 200-nautical mile exclusive economic zone (EEZ), entered into force in 1994, the three countries of Korea, China and Japan ratified the United Nations Convention on the Law of the Sea in 1996 and started negotiations to establish a new fishery order consistent with the EEZ system. However, a conflict of interest occurred because of differences in fisheries between countries, negotiations many times have proceeded, resulting in the signing of fishery agreement between China and Japan in 1997, Korea and Japan in 1998, and Korea and China in 2000. Each fishery arrangement consists of a dual system of EEZ and provisional waters (middle waters, provisional waters). The two countries are engaged in mutual fishing based on coastal states in EEZ, and in the fishing operation under the principle of flag state in provisional waters. There are overlapping or ambiguous jurisdictions in the intermediate waters and provisional waters that are jointly available to both fisheries. The presence of these seas is a challenge to the establishment of a reasonable international fisheries management system for the entire Northeast Asian Seas. In this context, the challenges of the reorganization of the new fisheries order are as follows: 1) conversion to a fishery order for coexistence of fisheries, 2) expansion to an international fishery management system, and 3) establishment of a multilateral fishery cooperation system. Although the jurisdiction of their own waters has been expanded through the establishment of EEZ according to new fishery order, the need for mutual cooperation grows when considering the movement and migration of fishery resources, fishery management, fish consumption and trade. In addition to the fisheries cooperation between the governments, it is also necessary to revitalize the civil cooperation focused on fishermen who exploit fishing grounds together.

• Journal of the Korean Institute of Navigation
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• v.19 no.2
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• pp.77-97
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• 1995

The protection of the marine environment is one of the main international legal problems in recent years. In parallel with the industrial development, a great quantity of chemical materials were used and in consequence, mass transportation of oil and other dangerous materials was required on the one hand, and discharge of industrial wasters drew also the attention on the other hand. Furthermore, oil tankers accidents, mass use of nuclear materials, sea-bed exploration and exploitation stimulated further deep human concern on the marine environment. The expansion of international concern to new and more dangerous sources of marine pollution regarded more strict and legal control on the Oil Tanker(DWT 95, 000tons, Cb=0.805) model. Calculation results are compared to the international, especially regional level. In particular, this study is concerned with the preservation of the Northeast Asian Seas surrounded by Japan, the Russian Far East, South Korea, North Korea, China and Taiwan. These adjacent countries must intensify cooperation regarding the prevention, reduction and control of the contamination of the sea. And this cooperation between the States concerned should, as much as possible, be aimed at maximizing the effectiveness of measures to prevent or abate transboundary environmental pollution. To achieve this purpose, States concerned should be imposed upon duties such as duty to assess the environmental impact, duty to inform, duty to consult and duty to assist on the basis of general principle of international law, international customary law and other various resolutions of international bodies. Depending on the nature and extent of actual or potential transboundary pollution with the use of a natural resource or the environment in general the establishment of some form of institutionalized cooperation between the States concerned may become useful or indispensable. The functions of this Organization are, inter alia, to keep the implementation of the Convention and the protocals under continuous observation, to make recommendations on regional or sub-regional rules and standards to be elaborated and on measures to be taken by the Contracting Parties, to be notified of any grave and imminent danger from pollution or threat of pollution by the Contracting Parties and to promote in close cooperation with appropriate governmental bodies additional measures to protect the marine environment of the Northeast Asian Seas, and so on. Above mentioned countries, first of all, are located within the Northeast Asian Seas geographically and, therefore, take responsibilities of preserving the clean sea against marine interferences regardless of any difference of the social, political and economic systems. They must be followed under the UNCLOS and other marine conventions. Under the present circumstances, Northeast Asian Seas will become dead seas in case that there is no instant and prompt action against pollution. Hence we have an absolute obligation to promote the development of the mandatory international environmental law, which in turn can faciliate more effective implementation of the regional cooperation by the neighbouring states within this area.

• Strategy21
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• s.37
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• pp.193-241
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• 2015

China, Japan and Korea are the world's top 10 energy consumers, and so very interested in the development of seabed hydrocarbon resources in order to meet their energy demands. The East China Sea is the tri-junction area where three countries' entitlements on the maritime boundaries are overlapped. There are abundant oil reserves in the East China Sea, and therefore competitions among countries are growing to get control of them. Although these countries have concluded the bilateral agreements to jointly develop resources in the East China Sea, they do not function as well. Because joint development and management of seabed petroleum resources can lead to stable development system, and to lower possibility of legal and political disputes, the needs for joint development agreement among three countries are urgent. Meanwhile, Northeast Asian seas are semi-closed seas, which are geographically closed and vulnerable to marine pollution. Moreover there are a lot of nuclear power plants in coastal area, and seabed petroleum resources are being developed. So it is likely to occur nuclear and oil spill accidents. Fukushima nuclear disaster and Bohai Bay oil spill accident in 2011 are the cases to exhibit the potential of major marine pollution accidents in this area. It is anticipated that the risks become higher because power plants and offshore oil platforms are extending gradually. Therefore, the ways to seek the joint marine environmental protection agreement focused on regulation of nuclear power plant and offshore oil platform have to be considered. In this paper, we try to find the way to make joint development and joint environmental protection agreement in Northeast Asian seas. We concentrate on the measure to drive joint development of seabed petroleum deposits in East China Sea's overlap area, despite of maritime delimitation and territorial disputes, and we try to drive joint marine environmental protection system to respond to marine pollution and accidents due to offshore oil platform and nuclear power plants. Through these consideration, we seek solutions to deal with lack of energy, disputes of maritime territorial and boundary delimitation, and marine pollution in Northeast Asia.

• The Journal of Fisheries Business Administration
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• v.48 no.3
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• pp.15-32
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• 2017

This article's aim is to review the jurisprudence which has emerged pursuant to the international dispute settlement provisions and to provide a provisional expectation as to the future of international dispute settlement under "UNCLOS". Globally, marine fisheries play an important role in ocean biodiversity and the food security of millions of people, providing a vital source of high-quality dietary protein and supporting individuals' livelihoods and income. In the 1982 Convention, the establishment of co-operative mechanisms for effective monitoring, control, surveillance and enforcement, decision-making procedures facilitating the adoption of such measures of conservation and management, and the promotion of the peaceful settlement of disputes are called for. In this study, 'Northeast Asian Sea' means that the Yellow/East China Sea, the East Sea, the Ohotsk Sea, the Kamchaka Sea, the Alaska Sea, and the Bering Sea surrounded by Korea, China, Japan, Russia, U.S.A. and Canada including their EEZs. There are several bilateral fisheries agreements existing in Northeast Asian area, the Fisheries Agreement between Republic Korea and Japan, between Republic of Korea and China, between China and Japan, between Republic Korea and U.S.A., between Republic Korea and Russia, between Russia and Japan, And there are several regional fisheries organizations existing in Northeast Asian area, for example NPAFC(Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean), CBSPC (Convention on the Central Bering Sea Pollack Conservation), PICES(North Pacific Marine Science Organization), NPFC(North Pacific Fishery Commi-ssion) etc. It analyzed the proliferation of bilateral treaties and multilateral treaties due to the adoption of the EEZ in Northeast Asia reviewed the strengthening of management rights on the high seas marine living resources and marine environment preservation of regional fisheries organizations. In view of the changes in the international fisheries mechanism this paper suggested the future direction of the country in overseas fisheries. We concluded as follows. We shall apply bilateral treaties first, regional fisheries organizations' treaties secondly, and provisions under "UNCLOS" for dispute settlement last.

• SUVANNABHUMI
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• v.1 no.1
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• pp.1-25
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• 2009

The diversity of Southeast Asian culture and society has been made by two factors: geopolitical environment and colonialism. The geopolitical position of the region between China Seas and Indian Ocean has made it possible that diverse cultures from Northeast Asia especially China and India, Middle East and Europe have flowed into the region. The fact that Southeast Asia was colonized by various European nations has provided additional diversity. The diversity manifests itself most clearly in the culture of Southeast Asia which has various layers: On the bottom lay the indigenous one, and above it Chinese and Indian and Islamic cultures and finally European one.

• The Journal of Fisheries Business Administration
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• v.39 no.2
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• pp.81-108
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• 2008

Since the declaration made by UN Convention on the Law of the Sea on EEZs, The open seas of Northeast Asia, considerd as a convention area, needed new agreements in conformity with the changes brought by the introduction of the Exclusive Economic Zone(EEZ) system. The Contracting Parties of these agreements set up their own EEZs, which extend certain ranges from their baselines, Fishing in the other party's EEZ is done based on mutual agreements, which take into account traditional fishing activity in the zones. Seperate fishries management systems, in accordance with the relevant legal status of the waters, are applied to individual overlapping areas: Middle Zone in the Bast Sea and the waters south of jeju Island, Interim Measure Zone in the Yellow Sea and East China Sea, and the Transitional Zone in the Yellow Sea. They decided to conclude fisheries agreements as the provisional agreement under Article 74(3) of the UN Convention before the delimitations of the EEZs to avoid the territorial disputes. China and Japan concluded the Fishries Agreement in the November 1997, allowing each coastal State 52 mile EEZ. it was followed by Korea and Japan in September 1998, reaching a final compromise. And also Korea and China came to a satisfactary settlement in November 1998. Fisheries agreements have been established between the three North-east Asian States, the agreement are all bilateral. That implies inefficient resource management on the overlapping waters of the three states, especially on the East China Sea. The Korea-Japan Fisheries Agreement and the China-Japan Fishery Agreement worked as governing rules in the North-east Asian seas before the establishment of EEZs (Exclusive Economic Zones). However the conclusion of the bilateral fishery agreements, Korea China and Japan have developed EEZs, and these three countries have competed for the exploitation of fisheries resources. Therefore, the issue of fisheries resource management was no longer a single countries' problem and emerged as a common issue facing these three countries. In recognition of the above-mentioned problem, it is needed for the construction of cooperative System fishery management in the North-east Asian seas. Therefore, cooperative measures should be establishied. The final goal of the construction of fisheries management cooperative system is to establish sustainable fisheries in the North-east Asian seas. However, there is a big difference in fisheries management tools, fishing gear, exploitation rate of species, etc. This implies that a careful approach should be taken in order to achieve the cooperative fisheries management among Korea, China and Japan. conclusionly, the Governments of Korea, China and Japan should complement three bilateral agreemens, and which they prepares to 'Fisheries Resource Restore Program' Between Korea, China and Japan in the adjacent waters south of Jeju Island.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.14 no.12
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• pp.2818-2826
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• 2010

To study the spatial and temporal variations of sea surface temperature(SST) in the Northeast Asia sea during the period of 1985 to 2009. At first, the buoy data from Korea Meteorological Administration(KMA) and the satellite data have been matched up eight points. The root mean square error and the bias were increased towards the coastal shallow region. The study area which is divided 7 regions from Japan Meteorological Agency(JMA). We analyzed NOAA/AVHRR data by harmonic analysis which is comparison and analysis the center of the each regions. The mean SST varied between $8^{\circ}C$ to $26.0^{\circ}C$. The annual amplitude varied between $7^{\circ}C$ to $24^{\circ}C$. And the annual phase varied between end of July to end of August. Cross-correlation coefficients of mean SST, annual amplitude, and annual phase varied 0.57 to 0.85, -0.04 to 0.81 and 0.35 to 0.80 at all study area, respectively.

• Journal of the Korean Society for Marine Environment & Energy
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• v.6 no.1
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• pp.30-43
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• 2003

The geography, circulation pattern, and ecology show that the semi-closed seas of Northwest Pacific be managed as one complete system. Ongoing multilateral cooperative efforts relevant to marine environmental protection in the Northwest Pacific area, include the Working Group for the Western Pacific (WESTPAC) established under the auspices of WNESCO's Intergovernmental Oceanographic Commissions, the UNDP/GEF Programme on Prevention and Management of Marine Pollution in East Asian Seas (PEMSEA), the North Pacific Marine Science Organization(PICES), and the United Nations Environment Programme(WNEP)'s Northwest Pacific Action Plan(NOWPAP). The present report firstly describes the current situations on the existing regional cooperative regimes for marine environmental conservation in the Northwest Pacific region, with a special respect to the Northwest Pacific Action Plan(NOWPAP) which was adopted in 1994 by Japan, People's Republic of China, Republic of Korea and Russian Federation. Then, problems of the existing regimes are also discussed, together with the suggestion of the possible solutions, focusing on NOWPAP. Suggestions include: 1) the Northeast Asian countries should understand the importance of legally-binding regional convention, and should build up any legally-binding instrument which can function as a big umbrella for real regional cooperation without prejudice to the rights of the States, 2) At present stage, it will be possible to make a regional convention flexible without prejudice to the sovereign right of the States or territorial issues; 3) taking into account that the region often faces many generic political problems that often inhibit the effective collective actions on environmental issues, the leadership from UNEP or other international organizations is required; 4) strong institutional and financial framework should be made, and 5) multilateral efforts to respond to the new marine environmental threats should be taken at the regional level in order to protect the coastal and marine environments in the Northwest Pacific.

• Journal of Korea Port Economic Association
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• v.24 no.4
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• pp.257-281
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• 2008

This study aims to draw meaningful points from the Chang Po Go period in which Chang Po Go, who established an integrated logistics system while operating on the seas of three nations including Japan, China, and Shilla by taking Chunghaejin, Shilla, as a base of operations in the 9th century, and to discover the need for the construction of the logistics system in northeast Asia. Also, the study intends to propose strategies for contemporary application of the logistics system used during the Chang Po Go period, based on the modern logistics concept. As a result of specifically reviewing the lesson from the Chang Po Go period, which created a paradigm for a new cooperation in logistics, the leadership of the CEO, who is prepared with the long-term vision of Chang Po Go, the implementation of an integrated system for logistics activity, and the political support of the government for private companies, will initiate a bright outlook for the construction of the logistics system in northeast Asia, amid the growing need for cooperation in logistics among the three northeast Asian countries. In this era in which northeast Asia is emerging as the center of the world economy, the cooperative model in the logistics field, which transcended the border of Chang Po Go, who built a maritime logistics network in the 9th century, will help implement a cooperative logistics system in the northeast Asian region.

• Proceedings of the KSRS Conference
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• v.1
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• pp.316-319
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• 2006

Monthly-mean aerosol parameters derived from the 1998-2004 SeaWiFS observations over East Asian waters are analyzed. SeaWiFS GAC Level 1 data covering the Northeast Asian area are collected and processed by the standard atmospheric correction algorithm released by the SeaWiFS Project to produce daily aerosol optical thickness (AOT) and ${{\AA}}ngstr{\ddot{o}}m$ exponent imageries. Monthly mean AOT and ${{\AA}}ngstr{\ddot{o}}m$ exponent values are extracted from the daily composite images for six study areas chosen from the surrounding waters of Japan. A slight increasing trend of ${{\AA}}ngstr{\ddot{o}}m$ exponent is found and interpreted as about 4-5% increase in submicron fraction of aerosol optical thickness at 550nm. Two cloud screening methods, including the standard cloud masking method of SeaWiFS and the one based on the local variance method, are applied to the SeaWiFS data processing, in an attempt to inspect the influence to the observed statistical uptrend which probably induced by different cloud mask algorithms. The variability comes from the different cloud masking algorithms are discussed.