• Title/Summary/Keyword: Pirate

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International Law on the Flight over the High Seas (공해의 상공비행에 관한 국제법)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.3-30
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    • 2011
  • According to the Article 86 of the United Nations on the Law of the Sea(UNCLOS) the provisions of high seas apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. Article 87 also stipulates the freedom of the high seas. International laws on the flight over the high seas are found as follows; Firstly, as far as the nationality of the aircraft is concerned, its legal status is quite different from the ship where the flags of convenience can be applied practically. There is no flags of convenience of the aircraft. Secondly, according to the Article 95 of UNCLOS warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military(or state) aircraft over the high seas have also complete immunity from the jurisdiction of any State other than the flag State. Thirdly, according to the Article 101 of UNCLOS piracy consists of any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft. We can conclude that piracy can de done by a pirate aircraft as well as a pirate ship. Fourthly, according to the Article 111 (5) of UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised only military aircraft, or aircraft clearly marked and identifiable as being on government service and authorized to that effect. Fifthly, according to the Article 110 of UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an authorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. Sixthly, according to the Article 1 (5)(dumping), 212(pollution from or through the atmosphere), 222(enforcement with respect to pollution from or through the atmosphere) of UNCLOS aircraft as well as ship is very much related to marine pollution. Seventhly, as far as the crime on board aircraft over the high seas is concerned 1963 Convention on the Offences and Certain Other Acts Committed on Board Aircraft(Tokyo Convention) will be applied, and as for the hijacking over the high seas 1970 Convention for the Suppression of Unlawful Seizure of Aircraft(Hague Convention) and as for the sabotage over the high seas 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(Montreal Convention) will be applied respectively. These three conventions recognize the flag state jurisdiction over the crimes on board aircraft over the high seas. Eightly, as far as reconnaissance by foreign aircraft in the high seas toward the coastal States is concerned it is not illegal in terms of international law because its act is done in the high seas. Ninthly as for Air Defence Identification Zone(ADIZ) there are no articles dealing with it in the 1944 Chicago Convention. The legal status of the foreign aircraft over this sea zone might be restricted to the regulations of the coastal states whether this zone is legitimate or illegal. Lastly, the Arctic Sea is the frozen ocean. So the flight over that ocean is the same over the high seas. Because of the climate change the Arctic Sea is getting melted. If the coastal states of the Arctic Sea will proclaim the Exclusive Economic Zone(EEZ) as the ocean is getting melted, the freedom of flight over that ocean will also be restricted to the regulations of the coastal states.

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A Quantitative Study on How the Cheonghae Anti-piracy Unit influences the Occurrence of Maritime Piracy near Somalia (청해부대 파병(다국적 해군의 대(對)해적 작전)이 소말리아 인근 해적사건 발생에 미치는 영향에 관한 정량적연구)

  • Han, Jong-Hwan
    • Strategy21
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    • s.46
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    • pp.123-157
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    • 2020
  • This research focuses on one important type of non-traditional threat, maritime piracy, and tries to supplement previous research from the perspective of military power, especially naval power. When considering the elements of military power, naval power is a core independent variable to explain piracy incidents. Indeed, naval power can play a key role in solving piracy problems, since naval power is the only legitimate force to respond to piracy in the sea. It is natural that well equipped and trained naval power in the sea increases the probability of capturing pirates, which leads to increasing the costs of piracy and decreasing its occurrences. In addition, since naval combatant ships have more impressive weapons than those of pirate boats, just the presence of naval combatant ships could serve to deter piracy incidents in the sea. The main purpose of this research is finding the effectiveness of large multinational naval efforts to deter piracy incidents in Africa. With this research purpose, I analyze 771 piracy incidents that occurred in African states from 2009 to 2014. Furthermore, I include all 33 coastal states in Africa regardless of the experiences of piracy incidents in order to avoid selection bias, which is very common in quantitative-based piracy incidents research. The dependent variable of this research is frequency of maritime piracy incidents for a country-year and the independent variable is the number of multi-national naval warships that operate near Somalia. With this analysis, I find the large number of multi-state naval combatant ships are negatively related to piracy incidents. In other words, as a main means to counteract piracy incidents, multi-state naval combatant ships are conducive to reduce piracy incidents near Somalia, since it increases costs (being captured) of conducting piracy.

Predatory Response of the Pirate Bug, Orius sauteri Poppius(Heteroptera: Anthocoridae) on Frankliniella occidentalis, Aphid gossypii and Tetranychus urticae (꽃노랑총채벌레 목화진딧물, 점박이응애에 대한 애꽃노린재(Orius sauteri)의 포식반응)

  • Paik, Chae-Hoon;Lee, Geon-Hwi;Hwang, Chang-Yeon;Kim, Si-Ju
    • Korean journal of applied entomology
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    • v.49 no.4
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    • pp.401-407
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    • 2010
  • Daily predation of female/male O. sauteri during nymphal development were 4.2/3.9, 11.4/9.5, 14.3/10.8, and 14.7/12.5 at 17,22,27, and $32^{\circ}C$, respectively, and consumed 14.3/10.8 thrips, 7.5/7.2 aphids, 45.9/38.8 mites at $27^{\circ}C$, respectively. Adult females ate 42.8 thrips daily during preoviposition period and 63.2 thrips during oviposition period at $27^{\circ}C$. Predation by O. sauteri on F. occidentalis increased as the density of F. occidentalis increased. However, the rate of increase gradually lessened, resembling a Holling's type II functional response. The attack rate of adult female is higher than that of the 5th nymph. Adult female and 5th nymph of O. sauteri appeared to prefer 2nd larva of F. occidentalis.

A Study on Responses of the Korean kidnapping Terror in overseas (한국인 해외인질납치테러 대응방안)

  • Jeong, Joon-Sik;Kim, Won-Ki
    • Korean Security Journal
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    • no.20
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    • pp.339-363
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    • 2009
  • The 9.11 demonstrated that terrorist attack could be more serious problem than the war in our modern life. No countries in the world have evaded being a target for terrorists today. As well as South Korea, the whole world must share attentions and responsibilities for fighting against the terrorism. Since the international terrorist groups have expanded their targets from Western countries to Koreans, civilian hostages are no longer other's affair; it became a serious threat to public. Increased Korean investment, trade, missionary, and travel overseas also expanded activity regions worldwide. It also result increased terrorist threats and possible abduction. The number of kidnapping crisis has increased since the terrorists use it as an effective method of sending a message. Piracy refers to a broad range of violent acts at sea, and has traditionally been regarded as common enemies. Piracy constitutes a great threat to the security of navigation as well as to the safety of vessels and crews. Lessons from hostage issues such as Korean hostage crisis in Somalia and Afghanistan show that it can cause criticism on moral issues if armed rescue missions fail or hostages are killed, so the governments and related corporations try to solve it by paying ransom. Terrorists and use these advantages in order to put a huge pressure on the governments. In this study we will look at essential characteristics and types of hostage abductions and recognition of national safety, lessons and solutions to previous Korean hostage cases in overseas. At the same time, it provides a guidelines of the direction in the fighting against terrorist groups and Piracy.

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The Study of Keumcheonchang in ChungJu (충주 금천창 연구)

  • Cho, Gil Hwan
    • Korean Journal of Heritage: History & Science
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    • v.41 no.1
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    • pp.35-55
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    • 2008
  • This paper is written to results of excavated ChungJu ChangDong site located in ChungJu and the article Keumcheonchang in Joseonwangjosilrok. The structure rerics of compositing cornerstone-distance 420cm has been showing to Keumcheonchang of legend in region people. The solution to problems is that the enforcement of the river-shipping service linking Han River and NakDong River. King Taejong commanded the new tax-warehouse of 200 Kan to built at Keumcheon in ChungJu and named Keumcheonchang for the receipt of innner region and KyengSang Province. King Sejo established the foundation of the government owned tax-grain transportation systerm for the strong centralization by the sovereign right. This logistic system is gone the middle and the latter of Joseon Dynasty. Joseon Dynasty is absolutely dependent the national finance for government operation on the tax-grain from HaSamDo(ChungCheong JeonLa KyengSang) region. JoUn(tax-grain transportation by shipping) is the best logistic system in Korea surrounding sea. Joseon Dynasty has refomed the logistics base on GoRyeo's system that the Tax-grain transportation system by shipping. There is the tax-warehouses reducing from 13 numbers to 9 numbers and making up for the weak points in the matter of the Japanese Pirate and the ship wreck in transporting in the sea. The ship wreck in the sea specially make the matters of the reducing tax and political issues. We know that Keumcheonchang is operated ChuaSuCham(the government agency for taxgrain transportation by shipping at a warehouse) from King Taejong 11(1,411)year to King Sejo 11 (1,465)year. There is the result of enforcement the river-shipping service system for social stabilization and forward their new ideal in the first half Joseon Dynasty.