• Title/Summary/Keyword: territorial sea

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Information System of Anti-Crisis Management in the Context of Ensuring National Security

  • Kryshtanovych, Myroslav;Antonova, Liudmyla;Pohrishchuk, Borys;Mironova, Yulia;Storozhev, Roman
    • International Journal of Computer Science & Network Security
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    • v.21 no.12spc
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    • pp.719-725
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    • 2021
  • The main purpose of the study is to determine the main aspects of information support for anti-crisis management in the context of ensuring national security. In modern conditions, under the influence of COVID-19, it becomes important to develop a modern paradigm for the transformation of anti-crisis management, based on the determination of the laws of state development on the basis of the imperative of national interests and territorial integrity. These are, firstly, the patterns of development of the state system of public administration, secondly, the patterns of development of a complex of state interests, and thirdly, patterns of development of the modern model of the country's territorial integrity. As a result of the study, the key aspects of the anti-crisis management system were identified in the context of ensuring the security of national interests.

The Status of North Korean Airspace after Reunification (북한 공역의 통일 후 지위)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.287-325
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    • 2017
  • Considering the development of aerospace, military science and technology since the 20th century, the sky is very important for the nation's existence and prosperity. The proverb "Whosoever commands the space commands the world itself!" emphasizes the need for the command of the air. This essay is the first study on the status of airspace after reunification. First, the territorial airspace is over the territory and territorial sea, and its horizontal extent is determined by the territorial boundary lines. Acceptance of the present order is most reasonable, rather than attempting to reconfigure through historical truths about border issues, and it could be supported by neighboring countries in the reunification period. For peace in Northeast Asia, the reunified Korea needs to respect the existing border agreement between North Korea and China or Russia. However, the North Korean straight baselines established in the East Sea and the Yellow Sea should be discarded because they are not available under United Nations Convention on the Law of the Sea. It is desirable for the reunified Korea to redefine the straight baselines that comply with international law and determine the territorial waters up to and including the 12-nautical mile outside it. Second, the Flight Information Region (hereinafter "FIR") is a region defined by the International Civil Aviation Organization (hereinafter "ICAO") in order to provide information necessary for the safe and efficient flight of aircraft and the search and rescue of aircraft. At present, Korea is divided into Incheon FIR which is under the jurisdiction of South Korea and Pyongyang FIR which is under the jurisdiction of North Korea. If North Korea can not temporarily exercise control of Pyongyang FIR due to a sudden change of circumstances, it is desirable for South Korea to exercise control of Pyongyang FIR, and if it is unavoidable, ICAO should temporarily exercise it. In reunified Korea, it is desirable to abolish Pyongyang FIR and integrate it into Incheon FIR with the approval of ICAO, considering systematic management and control of FIR, establishment of route, and efficiency of management. Third, the Air Defense Identification Zone (hereinafter "ADIZ") is a zone that requires easy identification, positioning, and control of aircraft for national security purposes, and is set up unilaterally by the country concerned. The US unilaterally established the Korea Air Defense Identification Area (KADIZ) by the Declaration of Commitment on March 22, 1951. The Ministry of Defense proclaimed a new KADIZ which extended to the area including IEODO on December 13, 2013. At present, North Korea's military warning zone is set only at maritime boundaries such as the East Sea and the Yellow Sea. But in view of its lack of function as ADIZ in relations with China and Russia, the reunified Korea has no obligation to succeed it. Since the depth of the Korean peninsula is short, it is necessary to set ADIZ boundary on the outskirts of the territorial airspace to achieve the original purpose of ADIZ. Therefore, KADIZ of the reunified Korea should be newly established by the boundary line that coincides with the Incheon FIR of the reunified Korea. However, if there is no buffer zone overlapping with or adjacent to the ADIZs of neighboring countries, military tensions may rise. Therefore, through bilateral negotiations for peace in Northeast Asia, a buffer zone is established between adjacent ADIZs.

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Strengthening Trend of Coast Guards in Northeast Asia (동북아 해양경찰 증강 동향)

  • Yoon, Sungsoon
    • Strategy21
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    • s.43
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    • pp.175-199
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    • 2018
  • Recent marine territorial disputes in the East China Sea and the South China Sea have come to us as a great threat. China, which has recently established the China Coast Guard and has rapidly developed maritime security forces, is trying to overcome the various conflict countries with its power. Japan is also strengthening intensively its maritime security forces. Since Korea, China, and Japan are geographically neighboring and sharing maritime space in Northeast Asia, there is no conflict between maritime jurisdiction and territorial rights among the countries. The struggle for initiative in the ocean is fierce among the three coastal nations in Northeast Asia. therefore, Korea needs more thorough preparation and response to protect the marine sovereignty. As the superpowers of China and Japan are confronted and the United States is involved in the balance of power in strategic purposes, the East Asian sea area is a place where tension and conflict environment exist. China's illegal fishing boats are constantly invading our waters, and they even threaten the lives of our police officers. The issue of delimiting maritime boundaries between Korea and China has yet to be solved, and is underway in both countries, and there is a possibility that the exploration activities of the continental shelf resources may collide as the agreement on the continental shelf will expire between Korea and Japan. On the other hand, conflicts in the maritime jurisdictions of the three countries in Korea, China and Japan are leading to the enhancement of maritime security forces to secure deterrence rather than military confrontation. In the situation where the unresolved sovereignty and jurisdiction conflicts of Korea, China and Japan continue, and the competition for the strengthening of the maritime powers of China and Japan becomes fierce, there is a urgent need for stabilization and enhancement of the maritime forces in our country. It is necessary to establish a new long-term strategy for enhancing the maritime security force and to carry out it. It is expected that the Korean Coast Guard, which once said that it was a model for the establishment of China's Coast Guard as a powerful force for the enforcement of the maritime law, firmly establishes itself as a key force to protect our oceans with the Navy and keeps our maritime sovereignty firmly.

Resolution of Complication in Territorial Sea by Using Digital Forensic (분쟁소지가 있는 공해상에서 Digital Forensic을 이용한 해결 방안)

  • Lee, Gyu-An;Park, Dea-Woo;Shin, Youg-Tae
    • Journal of the Korea Society of Computer and Information
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    • v.12 no.3
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    • pp.137-146
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    • 2007
  • Korea's seas have the potentials of dispute against China or Japan due to the overlap of the territorial waters and EEZ. In case of marine accidents, the nature of the sea tends to eliminate much of the track, making it another hardship in evidence adoption in case of an international dispute along with the false entries of fishing vessels' journals. Marine Digital Forensics Protects the functions of computers and IT appliance on vessels and extracts evidence of voyage and accidents to resolve international dispute. The digital evidence, if tampered with its integrity, my lead to the rejection to a critical claim or may even fail to make a case. As a solution, this thesis suggests Marine Digital Forensics as a way to extract evidence and prove a claim. This may be utilized as means of scientific investigation on sea as overseas exchange increases and the vessels digitalize, leading to a solution in international disputes that may occur in the future.

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A Study on the Protection Plan of Fisheries Resources against Illegal Fishing of Chinese Fishing Vessel (중국 어선의 불법조업에 대한 우리나라 수산자원의 보호방안)

  • JUNG, Bong-Kyu
    • Journal of Fisheries and Marine Sciences Education
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    • v.28 no.6
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    • pp.1549-1560
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    • 2016
  • Today, all the countries of the world newly recognize importance of sea, which are focused on efforts for security of marine territory and fishes resources. Many of the coastal state, to strengthen the rights of their own country EEZ, marine survey and continental shelf development, travels through such maritime jurisdiction in the territorial sovereignty and the EEZ overlaps, deepening complex interests between neighboring countries cooperation activities of the fierce competition, the domestic and foreign been has been carried out. Under such circumstances, is devastated coastal of China, our territorial waters and EEZ has been violated more and more, in spite of the powerful crackdown maritime public power, illegal fishing more resistance intensified. They tend to be gradually organization, collectivization and atrocities. Currently, illegal fishing of Chinese fishing boats in the West Sea of Korea, including the waters near Yeonpyeong Island is prevalent as operating in the coast of the country. Furthermore regrettable one is illegal on a scale and the situation where South Korea of scale of damage caused by it have not been accurately grasp of the operation, but that there is damage of Korea official duty enforcement to crack down the increase to illegal operations year after year have occurred. Violent, illegal fishing of Chinese fishing boats, in order to eradicate the operations of insane at our sea, we investigated to the infringement situations of fisheries resources by multiple fields. each of problems presenting a specific preservation plan in accordance with the function and role of the maritime enforcement organization and other government organization the point. at the same time we will try to seek measures such as a scheme that it is possible to increase the capacity.

PCA Ruling on South China Sea : Implications for Region (필리핀 vs. 중국 간 남중국해 사건 중재판정의 동아시아 역내 함의)

  • Park, Young-Gil
    • Strategy21
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    • s.40
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    • pp.131-143
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    • 2016
  • On 12 July 2016, China's maritime claim to most of the South China Sea (SCS) based on the so-called nine-dash line was rejected by the Arbitral Tribunal, constituted under Annex VII to the UN Convention on the Law of the Sea (UNCLOS) concerning issues in the South China Sea including the legality of the so-called "nine-dashed line", the status of certain maritime features and their corresponding maritime entitlements, together with the lawfulness of certain actions by China which the Philppines, in a case brought in 2013, alleged were violations. As having the Tribunal determined that China's claim had no legal grounds in UNCLOS, thus undermining China's claims, and establishing that China has no exclusive legal rights to control the area roughly the size of India. There are some major implications from the Tribunal's ruling in the Arbitration award. These include implications on: how to delimit the maritime boundary in disputed waters, how to promote maritime confidence-building measures, how to safeguard maritime safety and security, and how to promote the rule of law in the SCS. Since its application of UNCLOS in East Asia, it has been obvious that the only way to resolve maritime disputes in the region is to build strong maritime cooperative partnerships under the auspices of the rule of law.

Law of the Sea Problems on Fishery Resources Conservation and Management in the Yellow Sea and East China Sea (황해(黃海)와 동중국해어장(東中國海漁場)의 수산자원(水産資源) 보존관리(保存管理)에 관한 해양법문제(海洋法問題))

  • Lee, Byoung-Gee;Choe, Jong-Hwa
    • Journal of Fisheries and Marine Sciences Education
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    • v.6 no.1
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    • pp.77-91
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    • 1994
  • The Yellow Sea and the East China Sea are the most important fishing grounds for the fishing industry of Korea, China and Japan which are major coastal states of these Seas. But the fishery resources in these fishing grounds are almost exhausted and also the sea region is seriously polluted. Accordingly an international joint countermeasure is necessary to recover the fishery resources and to keep the fishery a continuous industry. The authors inspected the existing fishery policies and international fishery relationship of the three coastal states, and suggested rational conservation and management regime of the fishery resources in these sea regions. 1. At present the legal status of the sea region beyond territorial sea is the high sea, for that reason the international cooperation is urgently needed to establish common regime for conservation and management of the fishery resources. 2. A series of scientific research on ecological system of fishery resources must be carried out in the sea region first of all for that purpose. 3. The existing Korea-Japanese Fishery Agreement and Sino-Japanese Fishery Agreement should be reformed to coincide with the new legal order of the UNLOS Convention, and the Sino-Korean Fishery Agreement should be concluded newly on the identical line. 4. As a conclusion, a joint conservation and management regime through a regional fishery organization or a individual conservation and management regime through the promulgation of exclusive economic zone by each state can be suggested to resolve the fishery resources conservation problem in the Yellow Sea and the East China Sea.

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A study on the problems about the obligation to notify in marine cargo insurance (해상적하보험에서 통지의무의 문제점에 관한 고찰)

  • Kim, Hee-Kil
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.46
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    • pp.211-235
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    • 2010
  • According to the commercial law in Korea, a marine cargo insurance contractor (policyholder, insured person, agent) has the duty to disclose risks before establishing an insurance contract and the obligation to notify changes in risks after before establishing the contract. Marine cargo insurance policy clauses include one about the obligation to notify changes in risks. This clause assumes that an insurance contract should be implemented according to what has been answered to the important questions asked by the insurer in connection with the insurant's duty to disclose before establishing an insurance contract, and it stipulates that, if any change in what has been disclosed should be notified to the insurer since it is regarded as a change in risks. Neglecting the obligation to notify may lead to the termination of the appropriate insurance contract by the insurer. The problems here concern the clauses about changes in risks and about the obligation to notify. The problems are like these. Can it be that the circumstances which might be seen in the past as changes in risks according to the territorial sea laws and institute cargo clauses stipulated long ago are considered as such still today? And a marine cargo insurance policy till valid when changes in risks have not been properly notified by the original discloser of risks to the insured who currently holds the marine cargo insurance policy, which, unlike other insurance policies, is a marketable security? In Korea, the commercial law has a clause the obligation to notify changes in risks established based on the territorial sea laws and institute cargo clauses. In this regard, this study aims to consider if the clause still valid today or not and, if not, to propose alternatives to the clauses.

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Activities on Naming Undersea Features in Korea (한국에서 해저지명 부여를 위한 활동)

  • Sung, Hyo-Hyun
    • Journal of the Korean Geographical Society
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    • v.41 no.5 s.116
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    • pp.600-622
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    • 2006
  • The consistent use of appropriate names for the undersea features is an essential element of effective communication among ocean scientists. The correct use of names on bathymetric and nautical charts provide benefits to national and international communities. Also it is expected that naming of the marine geographical features within the territorial waters and EEZ contributes to secure the territorial waters and preserve the various marine resources. This paper will seek to addresses a variety of activities where geographic names issues for undersea features arises. For the purpose of this paper, the attention will be given upon 1) the general history of activities on naming undersea features in Korea; 2) development of the guideline for standardization of marine geographical names; 3) geomorphological characteristics of undersea features in East Sea; and 4) future plan to conduct a systematic analysis for naming marine geographical features in Korea.

A Study on US Free and Open Indo-Pacific Strategy and Distributed Lethality (인도-태평양(FOIP) 전략과 전력분산의 치명성에 관한 연구)

  • Kim, Tae-sung
    • Strategy21
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    • s.44
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    • pp.28-53
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    • 2018
  • The U.S. has recently developed Free and Open Indo-Pacific strategy and Distributed Lethality strategy based on a common perception that they are responding to China's threats. In the future, it is anticipated the following. Strengthen cooperation of the U.S.-India-Vietnam navy, Maximizing the combined combat power between the U.S. and regional navies, Improving its ability to restore damage control, Economic cooperation between the Pacific and Indian countries. The meanings given to the Korean navy are as follows. First, South Korea should pursue cooperation with the Indian Navy, which will grow into a regional balance on China's growth. The growth of the Indian navy is expected to increase cooperation with other Pacific countries. The government should seek ways to promote cooperation with india navy in various fields. Secondly, it is a joint drill between the U.S. Navy and the Korean Navy. Recently, the Korea-U.S. joint drill has not been conducted and many changes are expected to be made regarding the implementation of the joint drill in the future. Therefore, it is necessary to respond to possible changes in the naval relationship between Korea navy and the U.S. navy Also, due to distributed lethality strategy, preparations for operations and training with U.S.navy will be necessary. Lastly, it should contribute to cooperation among regional countries in preparation for maritime territorial disputes. The growth of the Chinese navy and the territorial disputes in the East and South China sea has raised the possibility of accidental military clashes at sea. Therefore, the government should make efforts to create multilateral security cooperation systems that can continue to promote the prevention of armed conflict.