• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.1
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• pp.26-32
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• 2014

The increased threat to commercial shipping by Somalia-based pirates has triggered an increased use of PMSC(Private Maritime Security Contractors). The use of PMSC to protect merchant ships against Somali-based piracy threat seems to have been most effective counter-piracy measures. However, there are various legal and practical questions around using PMSC and PCASP(Privately Contracted Armed Security Personnel) on board at sea. This paper aims to study the regulation and its problems of PMSC and PCASP on board to protect merchant ships against Somali-based piracy in the Indian Ocean and Gulf of Aden. In particular, this paper focuses on the legal issues including jurisdictional issues of PCASP on board merchant vessels, use of force by PCASP in self-defense, and authority for using PMSC. Currently, the legal framework relating to use of PMSC and PCASP on board protecting ships from Somali-based piracy is complex, sometimes ambiguous or inconsistent, and currently in a state of flux. Thus, this paper concludes that at this juncture an effort to coordinate this legal framework is necessary, as regards both the interpretation of existing rules related to PCASP on board merchant ships under UNCLOS(United Nations Convention on the Law of the Sea) and the creation of new rules. Also, this paper suggested that there is an urgent need to establish the PMSC-specific laws in Korea.

• Strategy21
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• s.40
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• pp.144-161
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• 2016

A unanimous Award has been issued on 12 July 2016 by the Arbitral Tribunal constituted under Annex VII to the United Nations Convention on the Law of the Sea in the arbitration instituted by the Republic of the Philippines against the People's Republic of China. The current security issues in the regional sea shall be carefully reflected to anticipate whether the Award could resolve the existing political conflict or rather will grow military tension in the region. The Award clearly directs the scope of delimiting maritime jurisdiction to coastal States in the Southern China sea, so it seems to help facilitating finding resolutions of regional disputes on maritime boundaries. On the other hand, there are several limitations in reality to implementation of the decisions included in the Award. USA could use the decisions to restrict military activities and exercise of unilateral maritime jurisdiction by China in the region, while China shall encounter guilt to illegitimacy of its activities as well as shaking the legal foundation of its policy in the region. Then the resolution of this dispute through application of international law would rather cause more political confusion. The intension of bringing the case to an international court were to resolve political difficulties. If, however, the political difficulties are not properly reflected in the legal decisions, such decision would possibly raise more political risks.

• Ocean and Polar Research
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• v.25 no.2
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• pp.227-235
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• 2003

In August 1998, during the resumed fourth session of the Authority, the delegation of the Russian Federation reminded the Assembly that, in addition to polymetallic nodules, other mineral resources existed in the Area, including polymetallic sulphides and cobalt crusts, and requested the Authority to adopt rules, regulations and procedures for exploration for such resources. Pursuant to article 162, para. 2(o)(ii), of the 1982 UNCLOS, such rules, regulations and procedures are to be adopted within three years of the date of such a request. This article reviewed the 'Draft Rules and Regulations for the Exploration and Exploitation of Sea-Floor Massive Sulphides and Cobat-rich Ferromanganese Crusts in the Area' by ISA in 2001, and the 'Madang Guideline for Offshore Mineral Policy' written in 1999 in respect of the international trends of polymetallic sulphides and cobalt crusts. Issues for size of mining area and relinquishment, application of the site-banking system, procedure for dealing with overlapping claims and precautionary approach etc. for the establishment of the norm of polymetallic sulphides and cobalt crusts are reviewed as consideration factors.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.59
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• pp.113-135
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• 2013

Piracy has been an ongoing and serious problem in international shipping industry. Somalia is often in the news these days. Somalia has been in a state of unrest for more than two centuries. In recent times, the situation has remained unstable. The persistent unrest is the major driver behind the piracy epidemic in Somalia waters. By the MIA 1906, s.78(1), the expenses in order to be recoverable must have been "properly incurred". The underwriter is also liable in certain circumstances for expenses incurred by the assured in an attempt to avert or diminish loss covered by the policy, under provisions. This class of expenditure is commonly referred to as sue and labour expenses, or suing and labouring expenses; less commonly, as particular charges. The standard marine policy(the S.G.Form) contained what was invariably called the sue and labour clause, which has been replaced in the current Institute Clauses by the "Duty of Assured(Sue and Labour)" Clause in the Hull Clauses, and the "Duty of Assured" Clause, headed "Minimizing losses", in the Cargo Clauses. Sue and labour charges are not confined to expenditure on the part of the assured and his agents, but can include quantified loss consequent upon a sacrifice properly and reasonably made to avert or minimize an insured loss.

• Journal of Navigation and Port Research
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• v.37 no.5
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• pp.511-517
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• 2013

UNFCCC was adopted in 1992 in order to prevent global warming. However, as a lack of concrete reduction goal and implementation plan, UNFCCC could not have effectiveness. In 1997, Kyoto Protocol to UNFCCC was adopted and UNFCCC regime started practically binding on the parties. Global warming takes the leading role in changing marine environment such as the rising of water level and sea water temperature. Also, Ocean plays the vital role in storing carbon to prevent global warming. Meanwhile ships which get the propulsion generated by consuming the fossil fuel are identified as GHG source and the discussions regarding the control of GHG emitted from ships are still in progress in IMO. IMO instrument has some legal conflicts with UNFCCC in principle. Therefore, this paper reviews the present UNFCCC regime and UNCLOS. Also, it surveys activities of IMO and analyze the Amendment to MARPOL73/78 Annex VI which entered into force on January 1, 2013. Finally, conclusions suggest the improvements in order to ensure effectiveness the new Amendment to MARPOL73/78 practically.

• Journal of the Korean Society of Marine Environment & Safety
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• v.12 no.3 s.26
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• pp.225-231
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• 2006

The ocean provides with not only the global environment and ecology, which is essential for human beings survival, but also various resources for human beings prosperity. The ocean security is to secure and keep the benefits that the ocean provides with to human beings. It is essential to keep enforcement measures for the ocean security. Major marine countries are challenging to secure ocean environment and resources since UNCLOS. The utmost policy priority should be given to the ocean security in Korea.

• Proceedings of KOSOMES biannual meeting
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• 2008.05a
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• pp.197-204
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• 2008

The right of hot pursuit is an exception to the general rule that a ship on the high seas is subject to the jurisdiction of the state whose flag she flies. The right of hot pursuit is provided in the United Nations Convention on the Law of the Sea. This paper discusses the requirements of the right of hot pursuit. The use of force should be avoided during hot pursuit. When force is unavoidable, that is not go beyond what is reasonable and necessary in the circumstances.

• Journal of Fisheries and Marine Sciences Education
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• v.12 no.1
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• pp.98-121
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• 2000

The Korean fishery encountered a difficulty situation, due to the new regime of the Exclusive Economic Zone (EEZ) and the decreasing fisheries resources in Korean waters. In addition, the coastal areas are deteriorated by industrial wastes, sewage, farming wastes and pollution from aquaculture. In this situation, it is necessary to study the TAC (total allowable catch) - based management system, the development of fishing gears and appropriate fishing methods for stock conservation, and the automation system of fishing gears for improving the efficiency of fisheries. The objective of this study is to look for an appropriate system in marine production and resource management under the new UNCLOS (United National Convention for the Law of the Sea) regime for subjects in fishing gears and methods, production system, and information, and fisheries resources management. The results of this study could be used as scientific information to maintain and develop the Korean fisheries and to establish fisheries policy for the management of fisheries resources in Korean waters.

• Journal of the Korean Society of Fisheries and Ocean Technology
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• v.60 no.1
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• pp.47-56
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• 2024

After the United Nations Convention on the Law of the Sea (UNCLOS) and the United Nations Fish Stocks Agreement (UNFSA) came into effect, international cooperation through Regional Fisheries Management Organizations (RFMOs) was required, and each RFMO established and adopted the Conservation and Management Measure (CMM) for the regional Observer Programs to collect data on fishing activities and biological information and to monitor compliance with its CMMs. The observer coverage required by RFMO is set differently for each organization, ranging from 5% to 100%. In addition, tuna-RFMOs recommend increasing observer coverage in longline fisheries by at least 20% for reliable quantitative analysis of not only target species but also bycatch species and ecologically related species such as sharks, seabirds, sea turtles, and marine mammals. Therefore, in this study, we discussed ways to improve the national observer programs of Korean distant water fisheries that should be addressed in the future to respond to the RFMO trends.

• The Journal of Fisheries Business Administration
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• v.31 no.1
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• pp.135-151
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• 2000

최근에 지속적 발전(sustainable development)은 환경정책 분석뿐만 아니라 현대 환경, 생태 경제학에 있어서 중요한 개념이 되어왔으며, 이 개념은 어업에 있어서 특히 중요한 국제적 이슈(issue)가 되고 있다. 어업은 갱생자연 자원에 입각한 산업으로서 지속적 발전의 길로 가야만 한다. 이것은 1982년 UN해양법 협약(UNCLOS), 1995년 UN경계왕래성 어족과 고도회유성 어족에 관한 집행협약 (UNIA), FAO의 책임있는 어업(the Code of Conduct fer Responsible Fisheries)을 위 한 국제규범과 일련의 기술지침서에서 구체적으로 표현함으로써 국제적 합의가 이루어 지게 되었다. 지속적 발전의 개념에 대한 심층적인 이해는 어업 관리자가 어업정책의 수립과 평가에 대한 새로운 요소와 기준을 설정함에 있어서 중요한 의미를 부여한다. 이것은 특히, 어업관리자(정부와 단체 그리고 어업자)가 어업관리 목표 어종 및 비관리목표 어종과 어종의 생태, 그리고 환경을 포함한 어업 자원의 직접 사용 가치와 비사용 가치(즉, 내재 가치 )등에 관련된 제문제를 다루는 것을 그 내용으로 한다. 따라서, 이 논문은 국제사회에서 지속적 발전과 관련된 지식의 현 주소와 어업관리에 있어서 갖는 함축적 의미와 주로 관계된다. 이 논문은 지속적 발진에 대한 개념의 기원과 형성과정, 개념 구조를 상세히 고찰함으로써 어업의 지속적 발전을 위한 어업관리정책 수립을 위한 방향설정에 기여하게 될 것이다. 또 이 논문에서는 지속적 발전의 개념하에서 어업의 지속성과 지속적 발전이 어업관리에 어떠한 의미를 갖는지 고찰한다. 그 하나로 이 논문에서는 FAO에서 최근에 제시한 해양어업의 지속적 발전지표를 어떻게 설정하는지에 대한 가이드라인을 분석 고찰 하였다. 이 FAO의 지속적발전지표는 지속적 발전의 평가체계의 구성요소와 어업에 대한 지속적 평가체계[sustainable development reference system(SDRS)]를 수립하는데 있어서 필요한 관련 절차에 관해 특별한 의미를 부여해 줄 것으로 생각한다. 마지막으로 본 논문에서 는 SDRS가 지역어업 협력체계 구축에 있어 서 어떠한 역할을 할 것인가를 강조함으로써 결론을 내리고 있다.