• Title/Summary/Keyword: Territorial Waters

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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.

Taming the Tide of Maritime Piracy in Nigeria's Territorial Waters

  • Anele, Kalu Kingsley
    • Journal of Navigation and Port Research
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    • v.39 no.2
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    • pp.89-97
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    • 2015
  • The rising spate of piracy in Nigeria's territorial waters has become a burden on the economic development of the country. It has adversely affected the exportation of crude oil, which is the mainstay of the country's economy. Pirates target and hijack vessels carrying oil and gas, thus reducing the revenue accruable to the country from selling these resources. Piracy also affects the fishing industry which is another source of revenue to the country. Nigeria, as an import dependent country, relies on the importation of finished goods, and this is seriously affected by piracy. This study briefly examines the root causes of piracy in Nigeria. Further, the study interrogates the effects of piracy, identifies the challenges in the suppression of the crime and proffers suggestions toward suppressing the crime in the country. Against this backdrop, the study argues, among other things, that an expansive definition of piracy is key in the fight against this maritime crime in Nigeria, because the present legal regime is restrictive and limited in scope, thus, it does not reflect the modern piratical acts. More importantly, Nigeria must criminalise piracy in its domestic law in other to police its territorial waters, capture and prosecute pirates in its local courts.

A study of comparison of position accuracy of territorial basepoints using the united network of territorial basepoints (영해기점단일망을 이용한 영해기점 정확도 비교)

  • 김병국;최정민;조영포;우인제
    • Proceedings of the Korean Society of Surveying, Geodesy, Photogrammetry, and Cartography Conference
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    • 2003.04a
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    • pp.75-79
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    • 2003
  • Nowadays, the value of the ocean is growing noticeably throughout the world in accordance with the development of the industrial society and increase in the number of the ocean related economic activities. Therefore the pursuit of more waters has led more disputes amongst many maritime powers in the world. In this study, the territorial basepoints are recalculated methods to develop their accuracies to settle a boundary issue among nations.

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Primary production by phytoplankton in the territorial seas of the Republic of Korea

  • An Suk, Lim;Hae Jin, Jeong
    • ALGAE
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    • v.37 no.4
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    • pp.265-279
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    • 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.

60 Years since the Armistice Treaty, the NLL and the North-Western Islands (정전협정 60년, NLL과 서북 도서)

  • Jhe, Seong-Ho
    • Strategy21
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    • s.31
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    • pp.27-56
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    • 2013
  • The United Nations Command (UNC) and the communist North failed to reach an agreement on where the maritime demarcation line should be drawn in the process of signing a truce after the Korean War because of the starkly different positions on the boundary of their territorial waters. As a result, the Armistice Treaty was signed on July 1953 without clarification about the maritime border. In the following month, Commander of the UNC unilaterally declared the Northern Limit Line (NLL) as a complementing measure to the Armistice. Referring to this, North Korea and its followers in South Korea wrongfully argue that the NLL is a "ghost line" that was established not based on the international law. However, one should note that the waters south of the NLL has always been under South Korea's jurisdiction since Korea's independence from Japan on August 15, 1945. There is no need to ask North Korea's approval for declaring the territorial waters that had already been under our sovereign jurisdiction. We do not need North Korea's approval just as we do not need Japan's approval with regard to our sovereign right over Dokdo. The legal status of the NLL may be explained with the following three characteristics. First, the NLL is a de facto maritime borderline that defines the territorial waters under the respective jurisdiction of the two divided countries. Second, the NLL in the West Sea also serves as a de facto military demarcation line at sea that can be likened to the border on the ground. Third, as a contacting line where the sea areas controlled by the two Koreas meet, the NLL is a maritime non-aggression line that was established on the legal basis of the 'acquiescence' element stipulated by the Inter-Korea Basic Agreement (article 11) and the Supplement on the Non-aggression principle (article 10). Particularly from the perspective of the domestic law, the NLL should be understood as a boundary defining areas controlled by temporarily divided states (not two different states) because the problem exists between a legitimate central government (South Korea) and an anti-government group (North Korea). In this sense, the NLL problem should be viewed not in terms of territorial preservation or expansion. Rather, it should be understood as a matter of national identity related to territorial sovereignty and national pride. North Korea's continuous efforts to problematize the NLL may be part of its strategy to nullify the Armistice Treaty. In other words, North Korea tries to take away the basis of the NLL by abrogating the Armistice Treaty and creating a condition in which the United Nations Command can be dissolved. By doing so, North Korea may be able to start the process for the peace treaty with the United States and reestablish a maritime line of its interest. So, North Korea's rationale behind making the NLL a disputed line is to deny the effectiveness of the NLL and ask for the establishment of a new legal boundary. Such an effort should be understood as part of a strategy to make the NLL question a political and military dispute (the similar motivation can be found in Japan's effort to make Dokdo a disputed Island). Therefore, the South Korean government should not accommodate such hidden intentions and strategy of North Korea. The NLL has been the de facto maritime border (that defines our territorial waters) and military demarcation line at sea that we have defended with a lot of sacrifice for the last sixty years. This is the line that our government and the military must defend in the future as we have done so far. Our commitment to the defense of the NLL is not only a matter of national policy protecting territorial sovereignty and jurisdiction; it is also our responsibility for those who were fallen while defending the North-Western Islands and the NLL.

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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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Research on territorial nomination related to Korean traditional medicine etymology (한의학적 어원이 남아 있는 지명)

  • Park, Su-Jin;Ahn, Sang-Woo;Ahn, Sang-Young;Lee, Sun-A
    • Korean Journal of Oriental Medicine
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    • v.14 no.1
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    • pp.19-31
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    • 2008
  • Names attributed to villages varies from governmental administrative division to simple modest names called from the habitants. Actually, scarce names only called from the habitants remains today. While these names reflect abundant cultural, social and historical aspects we made this research based on those nominations related only to Korean traditional medicine(KTM). We could find that the most KTM related village name was famine relieve or/and medicinal plant designation like Puerariae village. Also there was names of doctors like Dasan. Another big portion was from the medicinal mineral waters like Yakbawegol which said has the properties for dermatologic desease. We suggest this study may use as a clue in the field of KTM history research.

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Current Status and Tasks of Maritime Territorial Policies in Korea (국내 해양영토 정책의 현황과 과제)

  • Lee, Junsung
    • Maritime Security
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    • v.3 no.1
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    • pp.237-255
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    • 2021
  • This article analyzed maritime territorial policies in Korea. Marine territory originally refers to the topography of the subsoil in a country's territorial sea. From a political perspective, it is a broad concept that includes islands and polar regions beyond the jurisdiction of Korean sovereignty or sovereign rights, such as territorial waters, EEZs, and continental shelves. Also, Korean researchers use "maritime territory" as a term for maritime zones that stretch from Ieodo (Korean EEZ) to Dokdo Island. The purpose of this study is to review the concepts of various domestic maritime territories and examine the formation and change of policies. The article is structured as follows. Chapter 2 reviews past discussions on maritime territories and analyzes the concept of maritime territory based on them. The term "maritime territory" is used indiscriminately with islands due to the lack of discussion on this matter between academic circles in the past. Therefore, this chapter provides an in-depth analysis of the concept of maritime territory. Chapter 3 tracks the formation and change of maritime territorial policies. Today, the concept of domestic maritime territory has been completed in the public domain. The activities of the Ministry of Oceans and Fisheries, the control tower of domestic maritime territorial policies, are summarized to explain this concept. Chapter 4 analyzes the concept of maritime territory by comparing it with China's blue state territory (藍色國土). As China's concept of blue state territory has many similarities with maritime territory as a political base for China's maritime activities today, comparing these two concepts would be significant. Based on the above, Chapter 5 derives suggestions to promote maritime territorial policies.

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Random Forest Classifier-based Ship Type Prediction with Limited Ship Information of AIS and V-Pass

  • Jeon, Ho-Kun;Han, Jae Rim
    • Korean Journal of Remote Sensing
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    • v.38 no.4
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    • pp.435-446
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    • 2022
  • Identifying ship types is an important process to prevent illegal activities on territorial waters and assess marine traffic of Vessel Traffic Services Officer (VTSO). However, the Terrestrial Automatic Identification System (T-AIS) collected at the ground station has over 50% of vessels that do not contain the ship type information. Therefore, this study proposes a method of identifying ship types through the Random Forest Classifier (RFC) from dynamic and static data of AIS and V-Pass for one year and the Ulsan waters. With the hypothesis that six features, the speed, course, length, breadth, time, and location, enable to estimate of the ship type, four classification models were generated depending on length or breadth information since 81.9% of ships fully contain the two information. The accuracy were average 96.4% and 77.4% in the presence and absence of size information. The result shows that the proposed method is adaptable to identifying ship types.