• Title/Summary/Keyword: territorial sea

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India's Maritime-Security Strategy: Pretext, Context and Subtext (인도의 해상 안보 전략: 구실, 맥락 및 숨은 의미)

  • Khurana, Gurpreet S
    • Maritime Security
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    • v.4 no.1
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    • pp.1-56
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    • 2022
  • Why has India become a key actor in the maritime-configured Indo-Pacific region? There are some external factors, but for India, its geo-strategic frontier encompassing its geopolitical and maritime interests is expanding rapidly beyond its territorial space across both the Indian and Pacific oceans amidst an increasingly arduous geopolitical and security environment. India must, therefore, acquire the ability to influence events within this strategic arena using all facets of national power, including maritime-military power. Lately, therefore, New Delhi has invested much intellectual capital to review its maritime-security strategy. India's new strategy is premised on the concept of holistic security involving the 'softer' aspects of maritime-security, and a rekindling of maritime consciousness in India, a nation that has traditionally been beset by 'sea-blindness'. The strategy adopts a region-wide, inclusive, and a more proactive approach than hitherto, as is evident in its title 'Ensuring Secure Seas: Indian Maritime Security Strategy'. While it deals with the growing concern of new non-traditional threats in the Indian littoral and the need for military deterrence and preparedness, it also addresses the imperatives for India to seek a favorable and rules-based benign environment in its immediate and extended maritime periphery, including through multi-vectored strategic partnerships dictated by its enduring principle of strategic autonomy. For a more profound and comprehensive understanding of India's maritime-security strategy, this paper examines the key unstated and implicit factors that underpin the strategy. These include India's historical and cultural evolution as a nation; its strategic geography; its geopolitical and security perceptions; and the political directions to its security forces. The paper deals specifically with India's response to maritime threats ranging from natural disasters, crime and state-sponsored terrorism to those posed by Pakistan and China, as well as the Indian Navy's envisaged security role East of the Malacca Straits. It also analyzes the aspects of organizational restructuring and force planning of India's maritime-security forces.

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The Legal Status of Military Aircraft in the High Seas

  • Kim, Han Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.201-224
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    • 2017
  • The main subject of this article focused on the legal status of the military aircraft in the high seas. For this the legal status of the military aircraft, the freedom of overflight, the right of hot pursuit, the right of visit and Air Defense Identification Zone (ADIZ) were dealt. The 1944 Chicago Convention neither explicitly nor implicitly negated the customary norms affecting the legal status of military aircraft as initially codified within the 1919 Paris Convention. So the status of military aircraft was not redefined with the Chicago Convention and remains, as stated in the 1919 Paris Convention, as a norm of customary international law. The analyses on the legal status of the military aircraft in the high seas are found as follows; According to the Article 95 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military aircraft in the high seas have also complete immunity from the jurisdiction of any State other than the flag State. According to the Article 111 (5) of the UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised by military aircraft. According to the Article 110 of the UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an unauthorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. As for Air Defence Identification Zone (ADIZ) it is established and declared unilaterally by the air force of a state for the national security. However, there are no articles dealing with it in the 1944 Chicago Convention and there are no international standards to recognize or prohibit the establishment of ADIZs. ADIZ is not interpreted as the expansion of territorial airspace.

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Management Policy Directions for Sustainable Management of the Uninhabited Islands of Korea (무인도서의 지속가능한 관리를 위한 기본 정책방향)

  • Nam, Jung-Ho;Kang, Dae-Seok
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.8 no.4
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    • pp.227-235
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    • 2005
  • This study aimed at suggesting management policy directions for the uninhabited islands of Korea which are national land resources with economic potential for tourism and development and strategic value for boundary delineation of territorial waters and exclusive economic zone as well as their unique ecological status. Review of existing management arrangements related to the uninhabited islands revealed six management issues to be addressed: insufficient data and their low reliability, lack of management policy directions, increase in ecosystem deterioration and perturbation by human activities, lack of policy measures for meeting utilization and development demands, weak management base with insufficient personnel and budget, and legal measures not taking Into account their unique ecological and socioeconomic characteristics. The management policy directions to improve the management of the uninhabited islands of Korea include management directions and strategies, and suggestions for legal improvement. Considering the unique ecological value of the uninhabited islands, management directions suggested are anti-degradation in which current and future demands for their utilization and development do not degrade the ecological potential of the uninhabited islands and integration in which land and sea areas are managed as an integrated management unit. Four strategies proposed to follow the management directions are enhancement of the knowledge base through a comprehensive survey, development and legislation of guidelines for the rational management of utilization and development demands, establishment of the comprehensive island debris collection and disposal system, and enhancement of management capacity. Legal improvement for the effective implementation of the management policy directions should include comprehensive uninhabited islands survey, legal utilization restraints and management guidelines based on classification of the islands, management boundary, and improvement of regulations on designated islands.

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A Proposal for Korean armed forces preparing toward Future war: Examine the U.S. 'Mosaic Warfare' Concept (미래전을 대비한 한국군 발전방향 제언: 미국의 모자이크전 수행개념 고찰을 통하여)

  • Chang, Jin O;Jung, Jae-young
    • Maritime Security
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    • v.1 no.1
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    • pp.215-240
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    • 2020
  • In 2017, the U.S. DARPA coined 'mosaic warfare' as a new way of warfighting. According to the Timothy Grayson, director of DARPA's Strategic Technologies Office, mosaic warfare is a "system of system" approach to warfghting designed around compatible "tiles" of capabilities, rather than uniquely shaped "puzzle pieces" that must be fitted into a specific slot in a battle plan in order for it to work. Prior to cover mosaic warfare theory and recent development, it deals analyze its background and several premises for better understanding. The U.S. DoD officials might acknowledge the current its forces vulnerability to the China's A2/AD assets. Furthermore, the U.S. seeks to complete military superiority even in other nation's territorial domains including sea and air. Given its rapid combat restoration capability and less manpower casualty, the U.S. would be able to ready to endure war of attrition that requires massive resources. The core concept of mosaic warfare is a "decision centric warfare". To embody this idea, it create adaptability for U.S. forces and complexity or uncertainty for the enemy through the rapid composition and recomposition of a more disag g reg ated U.S. military force using human command and machine control. This allows providing more options to friendly forces and collapse adversary's OODA loop eventually. Adaptable kill web, composable force packages, A.I., and context-centric C3 architecture are crucial elements to implement and carry out mosaic warfare. Recently, CSBA showed an compelling assessment of mosaic warfare simulation. In this wargame, there was a significant differences between traditional and mosaic teams. Mosaic team was able to mount more simultaneous actions, creating additional complexity to adversaries and overwhelming their decision-making with less friendly force's human casualty. It increase the speed of the U.S. force's decision-making, enabling commanders to better employ tempo. Consequently, this article finds out and suggests implications for Korea armed forces. First of all, it needs to examine and develop 'mosaic warfare' in terms of our security circumstance. In response to future warfare, reviewing overall force structure and architecture is required which is able to compose force element regardless domain. In regards to insufficient defense resources and budget, "choice" and "concentration" are also essential. It needs to have eyes on the neighboring countries' development of future war concept carefully.

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