• The Journal of Fisheries Business Administration
• /
• v.24 no.1
• /
• pp.45-64
• /
• 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zones established unilaterally in 1950 are illegal with respect to the customary international law, and they must be repealed deservedly.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.

• Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
• /
• v.29 no.2
• /
• pp.149-155
• /
• 2011

As the depletion of land resources, the attention about marine resources has been focused on. Neighboring countries such as Japan and China to expand their marine territory invest more governmental money. The exact territorial sea baselines can be the scientific data which cad resolve the dispute between the neighboring countries. So, those territorial sea baselines should be maintained systematically and continuously. Because territorial sea baselines surveyed 10 years ago without updating, the review may be needed. In this study, we compared 2009 year surveying results with past territorial sea baselines results for reviews. As a results, Jeju Island represents a large difference. So, the outputs of territorial sea baselines around Jeju Island should be readjusted. Through this study, the ongoing maintenance of the territorial sea baselines is required. The continuing interest in the maritime boundary, as well as defend in terms of protection for undersea resources are needed.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
• /
• 2013.10a
• /
• pp.196-198
• /
• 2013

Navigation of ships is mainly being performed through high sea, but inbound/outbound vessels to a port are characteristic of going via territorial sea of coastal countries. At territorial sea, all ships are under the influence of korea' sovereignty and enjoy innocent passage on the basis of UN Convention on the Law at the Sea(UNCLOS). But in the practical points of view, we want to examine legally on these issues, because we have no clear criteria for reasons about anchor except anchorage and innocent passage at territorial sea prescribed at national laws, moreover it can be used maliciouly.

• Spatial Information Research
• /
• v.18 no.1
• /
• pp.39-48
• /
• 2010

Recently, many countries are promoting the rapid development of marine for securing territorial sea. The importance of territorial sea has being emphasized as territorial disputes among countries has been increasing. The South Korea should be encouraged to expand the territory due to territorial disputes with neighborhood countries. The purpose of this study is to derive a improvement plan for the efficient control of the territorial base point through analyzing the existing territorial base point and checking the territorial base point. Therefore, we proposed a variety of new plans for accurate positioning by sea level observation and MBES, reduced the surveying procedure through analyzing the existing territorial base points and provided a basis for the territorial base points which can be the 2nd grade national control points by improving a grade. We also suggested that the territorial base points and sub-territorial base points' database should be given standardized number for increasing the efficient management of other national control points and territorial base points. Finally, we suggested a improved work regulation about analysis and maintenance for territorial base points, the information activity of territorial base points and the new plan of community relations. This study will be a basis for the foundation of maritime territory which could be superior to other countries and the expansion of maritime territory.

• ALGAE
• /
• v.37 no.4
• /
• pp.265-279
• /
• 2022

The primary production (PP) by phytoplankton in marine ecosystems is essential for carbon cycling and fueling food webs. Hence, estimating the PP in the territorial sea of each country is a necessary step to achieving carbon neutrality. To estimate the PP in the territorial sea of the Republic of Korea from 2005 to 2021, we analyzed various physiochemical parameters, such as sea surface temperature (SST), Secchi depth, and concentrations of chlorophyll-a and nutrients in the seas of five regions, including the East Sea, West Sea, western South Sea, eastern South Sea, and the waters off Jeju Island. During the 17-year study period, the SST tended to increase, while the nutrient concentrations declined, except in the Jeju area. Overall, the PP did not show a specific temporal trend, but daily PP in the western South Sea was the highest among the five regions. Moreover, the maximum PP in the Korean territorial waters (76,450 km²) was estimated at 11,227 Gg C y^-1, which accounts for 0.03% of the global PP. The results may give insights into a better understanding of the PP, further resource utilization, and environmental sustainability in the studied region.

• Journal of Korean Society for Geospatial Information Science
• /
• v.10 no.3 s.21
• /
• pp.53-59
• /
• 2002

Territorial sea baseline is a borderline, with the effectuation of the United Nations Convention on the Law of the Sea of 1982, for the related sea zone negotiations with neighboring countries. Its position must be determined to international standard like WGS84 coordinate system. In this study, GPS survey for territorial sea points was performed to determine territorial baseline around five islands in the yellow sea, and the results of them were compared with previous coordinates. Territorial sea point, outermost spot of a nation's realm, tend to be placed in end up low-tide elevations or precipice. Therefore traditional surveying methods are hard to take accurate observations, so that GPS survey is most effective. Through the study, the scientific and reasonable methods for GPS surveying procedure is presented. The results of coordinate comparison show that there are wide difference between the old and new coordinates, and it is necessary for the whole area of islands to calculate displacements by GPS surveying.

• Proceedings of KOSOMES biannual meeting
• /
• 2003.11a
• /
• pp.35-44
• /
• 2003

Considering possible legal and policy problems with regard to the Cheju Strait, a central issue is whether the Cheju Strait should be treated as Korean territorial sea or an international strait The claim that the strait is territorial sea has been based on the use of a straight baseline method of dermarcation With the use of straight baseline, Korea claims that the breadth of the Cheju Strait is only 20.7 miles at its narrowest point and therefore the strait becomes the territorial sea of Korea. The consideration cf marine pollution has weighed heavily in claiming the Cheju Strait as territorial sea. Pollution resulting from the accidents cf tankers caused by fire, collision, or stranding in the Cheju Strait and the Korea Strait would be enormous, affecting the entire coastal waters of the south coasts cf Korea's mainland and Japan's Tsushima Islands areas. Catastrophic pollution in the Cheju Strait could also come from the accidents cf large-size oil tankers passing through the Korea Strait from the Malacca Strait Although the Korean government considers the geographic and socioeconomic conditions sufficient to justify Korea's claim of the Cheju Strait as territorial sea, it believes that declaring it so would raise considerable legal conflicts with maritime states. In view of the legal difficulties and the need to meet the problems arising from the growing vessel traffic in the Cheju Strait, the sea lanes and traffic separation schemes may be considered an alternative to the internationalization of the Cheju Strait Even if the Korean government dose not do so, the regime of innocent passage should be applied to vessels passing through the Strait and should not suspend innocent passage through the Strait. Therefore, the Korean government needs to have a more legal, pragmatic, functional and managerial approach than a purely sovereign and selfish approach to the solution of legal matters of the Cheju strait For this purpose, the UN Convention on the Law of the Sea would serve as a guide and also self-restraint and cooperative approaches would become norms governing the resolution of the law of the sea issues in the Cheju Strait.

• Proceedings of the Korean Society of Surveying, Geodesy, Photogrammetry, and Cartography Conference
• /
• 2010.04a
• /
• pp.139-140
• /
• 2010

Recently, Many countries are promoting rapidly development of marine. As they are very committed for the purpose of securing territorial sea. Disagreements between countries had being emphasized the importance of terrirorial sea. As the South Korea has been at the center of a territorial dispute between Japan and China, the South Korea should be encouraged to expand the nation. The purpose of this study is to derive the improvement plan of Efficient control of the territorial base point through the analyses of the existing control of the territorial base point and check of the territorial base point.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.28 no.2
• /
• pp.280-289
• /
• 2022

Internal Waters refer to the waters located at the landward side of a baseline and is completely under the sovereignty of a coastal state. However, the right of innocent passage of foreign-flag vessels is recognized in internal waters that are newly incorporated by establishing a straight baseline. Korea has a massive Internal Waters on its south-western coast where the straight baseline is adopted and has a wide Internal Waters that allows innocent passage. A foreign-flag vessel navigating the internal waters must be properly managed according to the interest of the coastal states such as the fishing·safety·security·environment around the Korean coast. Additionally, Territorial Sea comes under the sovereignty of a coastal state and it is a very important sea area for managing the interests of the coastal states. However, several collision accidents involving illegally anchored or drifted foreign-flag vessels have been occurring recently in the Korean Internal Waters and Territorial Sea, and such accidents are a threat to its interests. Thus, this paper analyzes the cases of collision of foreign-flag vessels that anchored or drifted without authorization, and examines domestic·international laws on the passage of foreign-flag vessel through Internal Waters and Territorial Waters. Finally, this paper suggests that unauthorized anchoring of foreign-flag vessels in Korean Internal Waters and Territorial Water violates the requirements for innocent passage and this violation is punishable according to related Acts; a desirable improvement plan for the legal system of passage through Internal Waters and Territorial Waters.

• Strategy21
• /
• s.42
• /
• pp.154-195
• /
• 2017

This paper is to analyse conflict between the US and China over the South China Sea and Korea's responses. To this end the paper is composed of 6 chapters titled instruction; the current status of South China Sea sovereignty disputes; changes in US and Chinese maritime security strategies and the strategic values of the South China Sea; key issues and future prospects for US-China conflicts in the South China Sea; South Korea's security and diplomatic responses; and conclusion. The recent East Asian maritime security issue has evolved into a global issue of supremacy between the US and China, beyond conflicts over territorial disputes and demarcation among the countries in the region. China is pursuing offensive ocean policy to expand economic growth. The core of the maritime order that the United States intends to pursue is the freedom of navigation in the oceans and the maintenance of maritime access. China is making artificial islands in the South China Sea, claiming the sovereignty of these islands, building strategic bases in East Asia, and securing routes. The United States has developed several "Freedom of Navigation Operations" to neutralize the declaration of the territorial sea surrounding Chinese artificial islands. We can not be free from marine conflicts in the South China Sea and the East China Sea. Regarding the South China Sea dispute, it is expected that the strategic competition and conflict between the two countries will intensify due to China's failure to make concessions of core interests and adherence to the US compliance with international norms. In the midst of conflict over the South China Sea, we need a harmonious balance between our alliance security and economic diplomacy. We must continue our efforts to strengthen the ROK-US alliance but not to make China an enemy. Considering the significant impacts of the oceans on the survival and prosperity of the nation, we must continue to develop our interest in the oceans, appropriate investments and tactical strategies.