• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• v.1
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• pp.91-96
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• 2006

International law provides for fundamental navigational rights called the right of transit passage in international straits as defined by UNCLOS. However, the Australian government published Marine Notice 8/2006 and the associated Part 54 of Australian Marine Orders which requires ships transiting the Torres Strait to engage the services of a pilot and imposes significant penalties for non-compliance on the basis of the IMO MEPC 133(53) which is just a resolution as a recommendation. This paper aims to study legal aspects in UNCLOS on the pilotage in the Torres Strait following the extension of the Great Barrier Reef PSSA neighbouring Australia.

• The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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• v.28 no.2
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• pp.63-93
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• 2023

This study aims to examine the history of naming the strait between the Yellow and East China Seas and the East Sea to suggest a consistent nomenclature and to demarcate the geographic region of the strait. Although the strait is internationally known as 'Korea Strait', it is commonly referred to as the 'South Sea' in Korean common usage. This review ultimately recommends the use of 'Korea Strait' as an appropriate geographical name for this area. To support this recommendation, the historical boundaries typically assigned to the Korea Strait were investigated. We also analyzed the evolution of geographical labels assigned to Korea Strait and to the Western and Eastern Channels (labels given to the two maritime areas surrounding Tsushima). Resources for this analysis included historic maps and charts, International Hydrographic Organization Special Publications (S-23), and maps published in the Ocean Science Journal (OSJ) and Journal of Oceanography (JO), which are two international journals representing Korean and Japanese sources, respectively, from 2005 to 2021. In these two international journals, the most frequently used names assigned to the strait of interest were Korea Strait (appearing 42.9% of OSJ maps, and 7.5% of JO maps), and Tsushima Strait (appearing 60.4% of JO maps, and 0% of OSJ maps). Other names were South Sea and Korea Strait/Tsushima Strait. On maps in the two reviewed journals, the boundaries of Korea Strait were defined explicitly or implicitly in five different ways: a broad region between the Yellow and East China Seas and Ulleung Basin (Type 1), the region between Ulleung Basin and Tsushima (Type 2), the western channel of the strait (Type 3-1), the eastern channel of the strait (Type 3-2), and both the western and eastern channels of the strait (Type 4). Overall, Type 1 was the most frequently used boundary, taking up 71.4% of OSJ and 60.4% of JO maps. Lastly, we suggest in this paper that the current flowing through Korea Strait from the East China Sea to the East Sea should be labeled the 'Korea Strait Warm Current' to indicate its full path through the strait. Currently, this current is internationally referred to as the 'Tsushima Warm Current', which does not link well to the commonly used geographic name of the strait.

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

• Journal of Arbitration Studies
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• v.28 no.2
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• pp.111-135
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• 2018

As the disputes in the investment and civil/commercial sectors of China and Taiwan have increased due to active cross-strait economic exchanges, the Chinese government is addressing cross-strait disputes through various dispute resolution methods. In recent years, the Arbitration Center Across the Straits (ACAS) has been established to resolve disputes between cross-strait parties, while ACAS Arbitration Rules have been enacted and enforced. ACAS Arbitration Rules are prepared by referring to the Arbitration Act of China and Taiwan, the relevant provisions and practices of the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules and the cross-strait practical affairs of the China International Economic and Trade Arbitration Commission, and the cross-strait practical affairs giving consideration to the specificity of the cross-strait relationship and the characteristics of economic and trade disputes. Therefore, this paper has compared the features and main contents of the ACAS Arbitration Rules with those of the CIETAC Arbitration Rules. This refers to arbitration proceedings such as form and effect of arbitration agreement, decision of place of arbitration, and organization of arbitral tribunal; the provision of consolidation of multiple contracts and arbitration, and the provision of joinder of arbitration parties, which are implementing the "principle of party autonomy" with streamlining arbitration proceedings and reducing costs; "common, simple, and small sum arbitration proceedings which require shorter arbitration proceedings depending on the size of the arbitration object; and regulations on the "interconnection of mediation and conciliation" which is characteristic of China's arbitration system. Based on the above-mentioned main contents of the ACAS Arbitration Rules in China, there are some implications to be considered in the establishment of the Arbitration Rules of the South-North Commercial Arbitration Commission which will be applied to solve commercial and investment disputes arising from the Inter-Korean Economic Cooperation process, suggesting implications such as the need for the rapid composition and operation of the South-North Commercial Arbitration Commission, requirements for selecting arbitrators, expansion of the object of arbitration, specification of concreteness in deciding the place of arbitration, need to create a variety of arbitration proceedings, and application plan of the International Center for Settlement of Investment Dispute (ICSID) or Third Power Arbitration Agency.

• Journal of Environmental Science International
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• v.3 no.2
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• pp.111-128
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• 1994

The distributions of sea surface temperature across the Cheju Strait and the Korea Strait have been measured by using a thermometer installed on board No.1 Cheju, a ferry that operates regularly between Pusan and Seogwipo. The data from 14 October 1991 to 15 August 1992 were analyzed in this paper. A clear temperature front is wormed at the adjacent sea of Geomundo, and its position is not fixed and moves north and south. The slow northward movement of the front can easily be traced, but the southward movement from March to October is obscure. The temperature contrast in the Cheju Soait and the Korea Strait is very we in this period. Some periodical fluctuations with a period of several tens of days are observed in the region of the temperature front from November to February. This fluctuation seems to be caused by winter heat flux exchange and the strong southeastward wind force. The result shows that continous observation of the sea surface temperature distribution across the Cheju Strait and the Korea Strait yields a good method for monitoring the presence of Tsushima Warm Current and the fluctuations of South Korea Coastal Water. The formation and structure of shelf front in the Cheju Strait and the Korea Strait was analysed based on the detailed oceanographic data observed during the period of 1990-1992. The analysis shows that well-defined fronts were formed through yearly around the Chuja Island, particularly, in summer. In nature, its structure and formation position can be changed easily from year % year and by season. But, in region of the Korea Strait this front is relatively weak.

• Strategy21
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• s.36
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• pp.150-179
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• 2015

This thesis analyzes Somali piracy as a non-traditional threat to the Sea Lines of Communication (SLOC) and international countermeasures to the piracy. In an era of globally interdependent economies, the protection of sea lines and freedom of navigation are prerequisites for the development of states. Since the post-Cold War began in the early 1990s, ocean piracy has emerged as a significant threat to international trade. For instance, in the Malacca Strait which carries 30 percent of the world's trade volume, losses from failed shipping, insurance, plus other subsequent damages were enormous. Until the mid-2000s, navies and coast guards from Malaysia, Indonesia, Singapore, together with the International Maritime Organization (IMO), conducted anti-piracy operations in the Strait of Malacca. The combined efforts of these three maritime states, through information sharing and with reinforced assets including warships and patrol aircrafts, have successfully made a dent to lower incidents of piracy. Likewise, the United Nations' authorization of multinational forces to operate in Somali waters has pushed interdiction efforts including patrol and escort flotilla support. This along with self-reinforced security measures has successfully helped lower piracy from 75 incidents in 2012 to 15 in 2013. As illustrated, Somali piracy is a direct security threat to the international community and the SLOC which calls for global peacekeeping as a countermeasure. Reconstructing the economy and society to support public safety and stability should be the priority solution. Emphasis should be placed on restoring public peace and jurisdiction for control of piracy as a primary countermeasure.

• Maritime Security
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• v.1 no.1
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• pp.93-117
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• 2020

Four cargo ships were ambushed by bombs in 2019 while navigating in the Strait of Hormuz. It was not clear who attacked those ships, however, many nations including the United States argued that it was Iran due to several reasons. The United States established the maritime collective defense system named International Maritime Security Construct (IMSC) in order to protect the maritime security in the Strait of Hormuz, without disclosure against whom it is aimed. Persian, who uses the Persian language unlike other countries in the Middle East, is the major ethnic group in Iran, and most of them believe Shi'ah Islam while most of the Arabs in the Gulf countries adhere to Sunni Islam. It seems that historic and religious motives caused the bipolar system in the Middle East, however, it is plausible to analyze the system of international affairs in the Middle East via defensive or structural realism. Iran has attempted to maintain its hegemony in the region by supporting Shi'ah muslims in the neighboring countries as well as in the world by using military and economic means. In this context, Iran's maritime strategy is to maintain its maritime hegemony on the Persian Gulf via countering threats and cooperating with friendly navies by using the Islamic Republic of Iran Navy(IRIN) and the Islamic Revolutionary Guard Corps Navy(IRGCN). IRIN acts like other navies in the world: protecting national interest at sea, expending its operational areas to the outer seas, and enhancing cooperation with other navies. Meanwhile, IRGCN plays a role as an asymmetric force at sea. It is composed of small and fast asymmetric assets, which can ambush ships fast and furious. Considering the poor study for Iran's maritime strategy in Korea, analyzing the strategy is meaningful for the Republic of Korea Navy, which has operated the Cheonghae Unit for more than ten years since it has extended its operational area over the Strait of Hormuz. In order not to be drawn into the conflict in the Strait, research on the maritime strategy of Iran and other countries in the Middle East should be started.

• Journal of Environmental Science International
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• v.12 no.9
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• pp.943-948
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• 2003

Variation of the polar front in the East Sea is studied using temperature and dissolved oxygen data obtained from Japan Meteorological Agency from 1972 to 1999. Variation of the polar front in the East Sea has a close relation to the variation of the Tsushima Warm Current (TWC). When the TWC spreads widely in the East Sea, polar front moves northward. The spatial variation of the polar front is greater in the southwestern area of the East Sea and the northern area of Tsugaru Strait where the variation of the TWC's distribution area is greater than those in others of the East Sea. Hence, in the southeastern area of the East Sea, that is, between near Noto peninsula and Tsugaru Strait, the spatial variation of the polar front is not so wide as in the southwestern area because the flow of TWC is stable.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 1997.10a
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• pp.43-50
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• 1997

The Singapore Strait is one of the world's busiest waterways used by international shipping Coupled with this, the Port of Singapore is the world's busiest port in terms of shipping and cargo tonnage and the second busiest container port. Navigational safety is Singapore's concern and we are convinced that the ECDIS is the key to further enhancing navigational safety in the Singapore Strait and the port waters of Singapore. We have initiated the production of Electronic Navigational Chart data and invested in infrastructural supporting facilities such as DGPS brodcast service for use with ECDIS as well as other maritime systems.

• The Journal of the Convergence on Culture Technology
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• v.9 no.1
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• pp.161-168
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• 2023

Recently, China-Taiwan relations are facing a crisis, and at the same time, the U.S.-China relationship and the structure of Northeast Asia are greatly shaken, so we should pay attention to changes in cross-strait relations. This study aims to predict how cross-strait relations will change after the party convention by analyzing Xi Jinping's Taiwan policy, focusing on the "Political Report" of the 20th party convention and the content analysis of leadership personnel. The results of the study are as follows. First, as the amendment to the party constitution announced after the closing of the party convention stipulates the possibility of armed invasion, Xi Jinping will implement a tough Taiwan policy emphasizing unification. Second, strategic competition with the United States will continue to intensify in the future when analyzing the contents of Chapters 2, 11, 13, and 14 of the "Political Reporting" and the personnel management of diplomatic and security leadership. As a result, cross-strait relations are expected to show instability for a considerable period of time. Third, at a time when Taiwan rejects the unification plan of "one country, two systems" and the tendency to de-Chineseize is strengthening, there is a possibility that legislation or specific enforcement ordinances will be enacted to strengthen the existing "Anti-Secession Law." Fourth, it is expected that strong and warm two-sided strategies will be used together, such as taking a strong response to external forces interfering with the Taiwan issue and Taiwan independence forces, and using incentives for the Kuomintang(KMT) and Taiwanese who are friendly to unification.