• Title/Summary/Keyword: Territorial Sea and Contiguous Zone

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A Study on the Right of hot pursuit of UNCLOS (UN해양법 협약상의 추적권에 관한 연구)

  • Seong, Yun-Chang
    • Proceedings of KOSOMES biannual meeting
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    • 2006.11a
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    • pp.15-24
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    • 2006
  • The hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to believe that the ship has vi-olated the laws and regulations of that State. Such pursuit must be commenced when the foreign ship or one of its boats is within the internal waters, the archi-pelagic waters, the territorial sea or the contiguous zone of the pursuing State, and may only be continued outside the territorial sea or the contiguous zone if the pursuit has not been interrupted. It is not necessary that, at the time when the foreign ship within the territorial sea or the contiguous zone recevies the order to stop, the ship giving the order should likewise be within the territorial sea or the contiguous zone. If the foreign ship is within a contiguous zone, as defined in article 33, the pursuit may only be undertaken if there has been a vio-lation of the rights for the protection of which the zone was established. The right of hot pursuit shall apply mutatis mutandis to violations in the ex-clusive economic zone or on the continental shelf, including safety zones around continental shelf installations, of the laws and regulations of the coastal State applicable in accordance with this Convention to the exclusive economic zone or the continental shelf, including such safety zones.

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An Examination on International Lawfullness of P. R. China's Territorial Sea Regime (중국 영해제도의 국제법상 합법성 검토)

  • 최종화
    • The Journal of Fisheries Business Administration
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    • v.24 no.1
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    • pp.45-64
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    • 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.

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The Development Option for Korea Air Defense Identification Zone(KADIZ) (한국방공식별구역(KADIZ) 발전방안)

  • Kim, Dongsoo;Hong, Sungpyo;Chong, Mangseok
    • Journal of Aerospace System Engineering
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    • v.10 no.1
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    • pp.127-132
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    • 2016
  • Recently, China & Japan have expanded their responding ADIZ(Air Defence Identification Zone) to implement each Government's maritime policy and to project their Air Power in preparation for maritime provocation & contingency, especially over the piled area where East Asia countries have claimed to have maritime jurisdiction one another. So this is to guide the Development Option for Korea Air Defence Identification Zone to cope with the maritime intentions of the neighboring countries, considering the international law for ADIZ, the maritime policy and the maritime sovereign & jurisdiction area of the Republic of Korea, etc.

Analysis concerning the latest operating concept and status for Air Defense Identification Zone(ADIZ) (최근 방공식별구역 운영 개념과 현황 분석)

  • Kim, Dongsoo;Hong, Sungpyo;Chong, Mangseok
    • Journal of Aerospace System Engineering
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    • v.8 no.4
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    • pp.44-51
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    • 2014
  • This thesis analyzes the latest operating concept and status for Air Defense Identification Zone (ADIZ) researching overseas ADIZ CONOPS, international legal basis for ADIZ, the intention & background of proclamation for China Air Defense Identification Zone(CADIZ). Firstly, ADIZ is lawful concerning international connivance for ADIZ where around 20 countries have operated, Article 56 "Rights, jurisdiction & duties of the coastal State" and Article 301 "Peaceful uses of the seas" on the United Nations Convention on the Law of the Sea(UNCLS). Secondly, ADIZ has been regarded as a support means for national interest & policy as well as military air defense one. Thirdly, Based on legal re-interpretation for UNCLS relating to ADIZ, China proclaimed CADIZ where can ensure national maritime policy and strategy including A2/AD(Anti-Access & Area Defence), inroad into the ocean, claim for Senkaku Islands possession, etc..

A Study on Unauthorized Anchoring of Foreign-flag Vessels in Internal Waters and Territorial Sea (외국선박의 내수 및 영해 무단정박에 관한 연구)

  • Lim, Chae-Hyun;Lee, Chang-Hee;Jeong, Dae-Deuk
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.2
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    • pp.280-289
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    • 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.

Implementation of Digital Image Processing for Coastline Extraction from Synthetic Aperture Radar Imagery

  • Lee, Dong-Cheon;Seo, Su-Young;Lee, Im-Pyeong;Kwon, Jay-Hyoun;Tuell, Grady H.
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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    • v.25 no.6_1
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    • pp.517-528
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    • 2007
  • Extraction of the coastal boundary is important because the boundary serves as a reference in the demarcation of maritime zones such as territorial sea, contiguous zone, and exclusive economic zone. Accurate nautical charts also depend on well established, accurate, consistent, and current coastline delineation. However, to identify the precise location of the coastal boundary is a difficult task due to tidal and wave motions. This paper presents an efficient way to extract coastlines by applying digital image processing techniques to Synthetic Aperture Radar (SAR) imagery. Over the past few years, satellite-based SAR and high resolution airborne SAR images have become available, and SAR has been evaluated as a new mapping technology. Using remotely sensed data gives benefits in several aspects, especially SAR is largely unaffected by weather constraints, is operational at night time over a large area, and provides high contrast between water and land areas. Various image processing techniques including region growing, texture-based image segmentation, local entropy method, and refinement with image pyramid were implemented to extract the coastline in this study. Finally, the results were compared with existing coastline data derived from aerial photographs.