• 제목/요약/키워드: Obligation of Coastal States

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IMO 회원국감사제도의 시행과 대한민국의 대응 방안에 대한 고찰 (A Study on Implementation of IMSAS and Response Plan of the Republic of Korea)

  • 채종주
    • 해양환경안전학회지
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    • 제24권6호
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    • pp.717-725
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    • 2018
  • IMO는 해사안전 및 환경보호와 관련된 IMO 국제협약의 효과적인 적용을 위해 자발적 회원국감사 제도를 개발하여 '06년부터 '15년까지 시행해 왔다. 이를 통해 IMO 회원국 감사제도의 목적 및 절차 등을 시범적으로 적용하였고 개선점을 식별하여 2016년 1월 1일부터 강제적 회원국 감사제도(IMSAS)를 시행하게 되었다. IMSAS는 IMO 협약을 비준한 IMO 회원국 중에 기국, 연안국 및 항만국으로서 주어진 책임을 적절히 수행하고 있는지 확인하여 식별된 사항의 개선을 통해 IMO 국제협약의 효과적인 적용을 위해 시행되었다. 본 연구에서는 2020년 예정된 대한민국의 IMSAS 감사에 대비하기 위해서 IMO 문서를 참조하여 IMSAS의 내용 및 절차에 대해서 확인하였다. 더불어 과거 대한민국의 VIMSAS 수검 결과, 타국의 VIMSAS 수검 시 주요한 지적 사항 및 2018년 IMO III 5차 회의에 제출된 첫 IMSAS 수검 통합 결과 보고서에 대한 분석을 바탕으로 대한민국의 원활한 IMSAS 수검을 위해 해양수산부훈령의 최신화, IMO 협약에 의해 요구되는 정보 보고사항의 모니터링을 위한 시스템 개발, 전문가 지정, 관련 법령의 영문화, IMSAS 감사관 양성 및 IMSAS 수검 대응 조직구성을 제안하였다.

해수면 상승이 유엔해양법협약 적용에 미치는 영향 분석 (Analysis on the Legal Impacts of Sea-Level Rise for the Application of the UN Convention on the Law of the Sea)

  • 이용희
    • 해양환경안전학회지
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    • 제29권2호
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    • pp.147-159
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    • 2023
  • 기후변화로 인하여 해수면 상승이 발생하고 있고, 그로 인한 악영향에 대해 연안국을 비롯한 국제사회의 우려가 커지고 있다. 해수면 상승으로 해안선이 후퇴하고 섬등 해양지형물이 수몰되는 경우 그러한 해안선을 기점으로 설정된 연안국 관할해역 외측한계의 변경 가능성, 기존 해양경계획정조약의 개정 필요성, 섬 또는 암석이 암석 또는 수중암초로 변경됨에 따른 법적 지위의 변화 등 많은 국제해양법적 쟁점을 발생시키고 있다. 이 논문에서는 해수면 상승이 국제해양법에 미치는 효과에 한정하여, 쟁점별로 소도서개발도상국, 세계국제법학회, 유엔 국제법위원회의 주장을 검토하고 유엔해양법협약의 해석론적 측면에서 해결방안을 제시하였다.

국제법상 월경자원의 처리에 관한 고찰 -해저석유 및 가스자원을 중심으로- (International Legal Regime on Transboundary Natural Resources: Focus on Transboundary Oil and Gas Deposits on the Continental Shelves)

  • 이용희
    • Ocean and Polar Research
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    • 제29권2호
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    • pp.165-185
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    • 2007
  • Exploitation of transboundary oil and gas on continental shelves may cause conflicts between or among States concerned due to the physical character of these resources. As oil and gas are fluid, exploitation of such a transboundary oil field by one side may affect other parties in other jurisdictions. However, there is no universal international legal regime on the issue. This article tries to find the international legal regime governing such resources through analysing UN Assembly's resolutions, UNCLOS, international judicial opinions, bilateral agreements and ILC activities relating to transboundary natural resources. As a result of this study, it seems that each coastal State has an inherent sovereign right on its part of the transboundary oil and gas deposit, but this right is not unlimited. Each state involved with the deposit has a duty to cooperate with other states-through information exchange, consultation, and negotiation. Furthermore, the state has an obligation to refrain from unilateral action when there is a possibility of causing irrevocable damage to the interests of the other states.

한국수산업의 해외진출전략에 관한 연구 (Foreign Entry Strategies for Korean Fishery Firms)

  • 김회천
    • 수산경영론집
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    • 제15권1호
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    • pp.131-153
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    • 1984
  • Fishery resources are still abundant compared with other resources and the possibility of exploitation is probably great. The Korean fishery industry has grown remarkably since 1957, and Korea is ranked as one of the major fishery countries. Its of fishery products reached the 9th in the world and the value of exports was 5th in 1982. But recently a growth rate has slowed down, due to the enlargement of territorial seas by the declaration of the 200 mile, Exclusive Economic Zone, the tendency to develop fishery resources strate-gically in international bargaining, the change in function of the international organizations, the expansion of regulated waters, the illegal arrest of our fishing boats, the rapid rise in oil prices, and the fall in fish prices, the development of fishery resources as a symbol of nationalism, the fishing boats decreptitude, the rise of crew wages, regulations on fishing methods, fish species, fishing season, size of fish, and mesh size, fishing quotas and the demand of excessive fishing royalties. Besides the the obligation of coastal countries, employing crews of their host countries is also an example of the change in the international environment which causes the aggravation of foreign profit of fishing firms. To ameliorate the situation, our Korean fishery firms must prepare efficient plans and study systematically to internationalize themselves because such existing methods as conventional fishing entry and licence fishing entry are likely to be unable to cope with international environmental change. Thus, after the systematic analysis of the problem, some new combined alternatives might be proposed. These are some of the new schemes to support this plan showing the orientation of our national policy: 1. Most of the coastal states, to cope with rapid international environmental change and to survive in the new era of ocean order, have rationalized their higher governmental structure concerning the fishery industries. And the coastal countries which are the objectives of our expecting entry, demand excessive economic and technical aid, limit the number of fishing boats’entry and the use of our foreign fishing bases, and regulate the membership of the international fishery commissions. Especially, most of the coastal or island countries are recently independent states, which are poorer in national budget, depend largely on fishing royalties and licence entry fees as their main resources of national finance. 2. Alternatives to our entry to deep sea fishing, as internationalization strategies, are by direct foreign investment method. About 30 firms have already invested approximately US $ 8 million in 9 coastal countries. Areas of investment comprise the southern part of the Atlantic Ocean, the Moroccan sea and five other sea areas. Trawling, tuna purse seining and five other fields are covered by the investment. Joint-venture is the most prominent method of this direct investment. If we consider the number of entry firms, the host countries, the number of seas available and the size of investment, this method of cooperation is perhaps insufficient so far. Our fishery firms suffer from a weakness in international competitive ability, an insufficiency of information, of short funds, incompetency in the market, the unfriendliness of host coastal countries, the incapability of partners in joint-ventures and the political instability of the host countries. To enlarge our foreign fishing grounds, we are to actively adopt the direct investment entry method and to diversity our collaboraboration with partner countries. Consequently, besides proper fishing, we might utilize forward integration strategies, including the processing fied. a. The enterprise emigration method is likely to be successful in Argentina. It includes the development of Argentinian fishing grounds which are still not exploited in spite of abundant resources. Besides, Arentina could also be developed as a base for the exploitation of the krill resources and for further entries into collaboration with other Latin American countries. b. The co-business contract fishing method works in American territorial seas where American fishermen sell their fishery products to our factory ships at sea. This method contributes greatly to obtaining more fishing quotas and in innovation bottom fishing operation. Therefore we may apply this method to other countres to diffuse our foreign fishing entry. c. The new fishing ground development method was begun in 1957 by tuna long-line experimental fishing in the Indian Ocean. It has five fields, trawling, skipjack pole fishing and shrimp trawling, and so on. Recently, Korean fisheries were successful in the development of the Antarctic Ocean krill and tuna purse seining. 3. The acceleration of the internationalization of deep sea fishing; a. Intense information exchange activities and commission participation are likely to be continues as our contributions to the international fishery organizations. We should try to enter international fishery commissions in which we are not so far participating. And we have to reform adequately to meet the changes of the function of the international commissions. With our partner countries, we ought to conclude bilateral fishery agreements, thus enlarging our collaboration. b. Our government should offer economic and technical aids to host countries to facilitate our firms’fishery entry and activities. c. To accelerate technical innovation, our fishery firms must invest greater amount in technical innovation, at the same time be more discriminatory in importing exogeneous fishery technologies. As for fishing methods; expanded use of multi-purpose fishing boats and introduction of automation should be encuraged to prevent seasonal fluctuations in fishery outputs. d. The government should increases financial and tax aid to Korean firms in order to elevate already weak financial structure of Korean fishery firms. e. Finally, the government ought to revise foreign exchange regulations being applied to deep sea fishery firms. Furthermore, dutes levied on foreign purchaed equipments and supplies used by our deep sea fishing boats thould be reduced or exempted. when the fish caught by Korean partner of joint-venture firms is sold at the home port, pusan, import duty should be exempted.

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