• Title/Summary/Keyword: Territorial Sea

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Legal Issues Regarding the Civil Injunction Against the Drone Flight (토지 상공에서의 드론의 비행자유에 대한 제한과 법률적 쟁점)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.75-111
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    • 2020
  • The civilian drone world has evolved in recent years from one dominated by hobbyists to growing involvement by companies seeking to profit from unmanned flight in everything from infrastructure inspections to drone deliveries that are already subject to regulations. Drone flight under the property right relation with the land owner would be deemed legal on the condition that expeditious and innocent passage of drone flight over the land be assured. The United Nations Convention on the Law of the Sea (UNCLOS) enshrines the concept of innocent passage through a coastal state's territorial sea. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state. A vessel in innocent passage may traverse the coastal state's territorial sea continuously and expeditiously, not stopping or anchoring except in force majeure situations. However, the disturbances caused by drone flight may be removed, which is defined as infringement against the constitutional interest of personal rights. For example, aggressive infringement against privacy and personal freedom may be committed by drone more easily than ever before, and than other means. The cost-benefit analysis, however, has been recognjzed as effective criteria regarding the removal of disturbances or injunction decision. Applying that analysis, the civil action against such infringement may not find suitable basis for making a good case. Because the removal of such infringement through civil actions may result in only the deletion of journal article. The injunction of drone flight before taking the information would not be obtainable through civil action, Therefore, more detailed and meticulous regulation and criteria in public law domain may be preferable than civil action, at present time. It may be suitable for legal stability and drone industry to set up the detailed public regulations restricting the free flight of drone capable of acquiring visual information amounting to the infrigement against the right of personal information security.

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.

Spatiotemporal Analysis of Ship Floating Object Accidents (선박 부유물 감김사고의 시·공간적 분석)

  • Yoo, Sang-Lok;Kim, Deug-Bong;Jang, Da-Un
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.27 no.7
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    • pp.1004-1010
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    • 2021
  • Ship-floating object accidents can lead not only to a delay in ship's operations, but also to large scale casualties. Hence, preventive measures are required to avoid them. This study analyzed the spatiotemporal aspects of such collisions based on the data on ship-floating object accidents in sea areas in the last five years, including the collisions in South Korea's territorial seas and exclusive economic zones. We also provide basic data for related research fields. To understand the distribution of the relative density of accidents involving floating objects, the sea area under analysis was visualized as a grid and a two-dimensional histogram was generated. A multinomial logistic regression model was used to analyze the effect of variables such as time of day and season on the collisions. The spatial analysis revealed that the collision density was highest for the areas extending from Geoje Island to Tongyeong, including Jinhae Bay, and that it was high near Jeongok Port in the West Sea and the northern part of Jeju Island. The temporal analysis revealed that the collisions occurred most frequently during the day (71.4%) and in autumn. Furthermore, the likelihood of collision with floating objects was much higher for professional fishing vessels, leisure vessels, and recreational fishing vessels than for cargo vessels during the day and in autumn. The results of this analysis can be used as primary data for the arrangement of Coast Guard vessels, rigid enforcement of regulations, removal of floating objects, and preparation of countermeasures involving preliminary removal of floating objects to prevent accidents by time and season.

항만국통제의 법적 근거와 국내시행상의 문제

  • Lee, Yun-Cheol
    • Proceedings of KOSOMES biannual meeting
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    • 2005.05a
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    • pp.195-208
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    • 2005
  • The flag State is primarily responsible for implementing international maritime conventions(IMO conventions) and national laws and other standards as far as its own vessels are concerned, on the other hand the port State exercise its rights for the safety and marine environment under international law especially UNCLOS within port and territorial sea. In particular, the port State may take appropriate measures including detention of ships identified as sub-standard vessels which are considered as port State's supplementary role aiming for implementing international and national and regulations. But in the course of implementing port state control, international disputes may happen between port state, coastal state and flag state in spite of making all possible efforts to avoid these disputes. This paper aims to consider legal grounds on port state control(PSC) in international conventions and national laws concerned and deals with contradictions between international and national law arising from exercising PSC by port state control officers(PSCOs).

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Analysis and Design of Common Platform Core Technology for Maritime Autonomous Surface Ships (자율운항선박의 공통플랫폼 요소기술 분석 및 설계)

  • Jeong, Seong-hoon;Shim, Joon-Hwan;Choi, Kwan-seon;Son, Young-chang
    • Journal of Advanced Navigation Technology
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    • v.22 no.6
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    • pp.507-513
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    • 2018
  • The maritime autonomous surface ship is automatically collects and manages various information necessary for the operation to minimize human intervention and safely perform the mission assigned to the ship. And the ship may autonomously operate the partial or entire route to the destination determined by the ship himself. This ship navigation technology allows partially remote control the ship to be operated if necessary. The maritime autonomous surface ship (MASS) should collect and manage signals of various navigation communication equipments and engines mounted on the ship for safe operation. This requires a common platform technology. In this paper, we propose a common platform that is the core of smart ship implementation. Territorial authorities and ships are connected by satellite or terrestrial communication. In such a communication environment, information is exchanged smoothly in real time. This allows the onshore authorities to monitor ships and provide remote control to enable safe vessel navigation at sea.

Extending Plans of the Role of ROK Navy vis-'a-vis the Expansion of Maritime Security Threats (해양안보위협의 확산에 따른 한국해군의 역할 확대방안)

  • Kil, Byung-ok
    • Strategy21
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    • s.30
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    • pp.63-98
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    • 2012
  • Northeast Asia has a multi-layered security structure within which major economic and military powers both confront one another and cooperate at the same time. Major regional powers maintain mutually cooperative activities in the economic sphere while competing one another in order to secure a dominant position in the politico-military arena. The multifarious threats, posed by the North Korea's nuclear development, territorial disputes, and maritime demarcation line issues demonstrate that Northeast Asia suffers more from military conflicts and strifes than any other region in the world. Specifically, major maritime security threats include North Korea's nuclear proliferation and missile launching problems as well as military provocations nearby the Northern Limit Line(NLL) as witnessed in the Cheonan naval ship and Yeonpyong incidents. The ROK Navy has been supplementing its firm military readiness posture in consideration of North Korea's threats on the NLL. It has performed superb roles in defending the nation and establishing the Navy advanced and best picked. It also has been conducive to defend the nation from external military threats and invasion, secure the sea lanes of communications, and establish regional stability and world peace. In order to effectively cope with the strategic environment and future warfares, the ROK Navy needs to shift its military structure to one that is more information and technology intensive. In addition, it should consolidate the ROK-US alliance and extend military cooperative measures with neighboring countries in the Asia-Pacific region. Evolved steadily for the last 60 years, the ROK-US alliance format has contributed to peace and security on the Korean peninsula and in the Northeast Asian region. In conclusion, this manuscript contends that the ROK Navy should strive for the establishment of the following: (1) Construction of Jeju Naval Base; (2) Strategic Navy Equipped with War Deterrence Capabilities; (3) Korean-type of System of Systems; (4) Structure, Budget and Human Resources of the Naval Forces Similar to the Advanced Countries; and (5) Strategic Maritime Alliance and Alignment System as well as Domestic Governance Network for the Naval Families.

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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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Strategies for Development of Seafloor Polymetallic Sulphides in Consideration of International Progress (해저열수광상 개발동향과 우리나라의 대응방안)

  • Park, Seong-Wook;Yang, Hee-Cheol;Jeong, Hyeong-Su
    • The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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    • v.13 no.3
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    • pp.271-279
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    • 2008
  • Polymetallic sulphides means hydrothermally formed deposits of sulphide minerals which contain concentrations of metals including, inter alia, copper, lead, zinc, gold and silver. Nautilus is the first company to commercially explore the seafloor polymetallic sulphide deposits. The Company holds exploration licences and exploration applications for more than 370,000 $km^2$ in the jurisdictional seas of Papua New Guinea, Fiji, Tonga, the Solomon Islands and New Zealand along the western Pacific Ocean's Rim of Fire. Neptune Minerals is also a leading explorer and developer in this field, with exploration licences awarded totalling more than 270,000 $km^2$ in the territorial seas or EEZ of New Zealand, Papua New Guinea and the Federated States of Micronesia. These two companies now carry out the most active investment activities for seafloor polymetallic sulphide deposits with a goal of commercial production by 2010. China and Japan carry out exploration activities for the seafloor polymetallic sulphide deposits to secure supplies of strategic metals. China carries out national R&D projects relating to deep sea mineral resources in the world ocean through China Ocean Mineral Resources R&D Association(COMRA). And Japan investigates her own EEZ for exploration of the seafloor polymetallic sulphide deposits. In consideration of aforementioned international activities of coastal nations as well as private companies for exploring the sulphide deposits, Korea shall prepare strategic plans : First, consolidation of the authorities concerned and legislative support; second, determination of main entity of the project; third, securing government's decisive investment of sufficient budget; and lastly, establishment of the mid, long-term plan for development of seafloor polymetallic sulphides deposits.

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 Preliminary Analysis on the International Management System for the Ocean fertilization with Iron at High Seas (해양 철분 시비(施肥)사업의 국제 관리체제 예비 분석)

  • Hong, Gi-Hoon;Sohn, Hyo-Jin
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.11 no.3
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    • pp.138-149
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    • 2008
  • Rapid accumulation of carbon dioxide in the atmosphere for the past century leads to acidify the surface ocean and contributes to the global warming as it forms acid in the ocean and it is a green house gas. In order to curb the green house gas emissions, in particular carbon dioxide, various multilateral agreements and programs have been established including UN Convention of Climate Change and its Kyoto Protocol for the last decades. Also a number of geo-engineering projects to manipulate the radiation balance of the earth have been proposed both from the science and industrial community worldwide. One of them is ocean fertilization to sequester carbon dioxide from the atmosphere through the photosynthesis of phytoplankton in the sea. Deliberate fertilization of the ocean with iron or nitrogen to large areas of the ocean has been proposed by commercial sector recently. Unfortunately the environmental consequences of the large scale ocean iron fertilization are not known and the current scientific information is still not sufcient to predict. In 2007, the joint meeting of parties of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 and 1996 Protocol (London Convention/Protocol) has started considering the purposes and circumstances of proposed large-scale ocean iron fertilization operations and examined whether these activities are compatible with the aims of the Convention and Protocol and explore the need, and the potential mechanisms for regulation of such operations. The aim of this paper is to review the current development on the commercial ocean fertilization activities and management regimes in the potential ocean fertilization activities in the territorial sea, exclusive economic zone, and high seas, respectively, and further to have a view on the emerging international management regime to be London Convention/Protocol in conjunction with a support from the United Nations General Assembly through The United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea.

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