• 제목/요약/키워드: Freedom of High Sea

검색결과 28건 처리시간 0.028초

해상에서 국제법 위반행위에 대한 법 집행권의 범위와 한계 (The Scope and Limits of Law Enforcement at Sea on International Law Violations)

  • 김석균
    • Strategy21
    • /
    • 통권45호
    • /
    • pp.60-90
    • /
    • 2019
  • 공해의 이용은 '항해의 자유'와 '기국주의'라는 관습법으로 형성되어온 원칙이 유엔해양법협약에서 명문화되어 공해 이용에 관한 두 개의 큰 축을 이루고 있다. 연안국의 해양에 대한 통제권이 확대되고 새로운 안보위협에 대처하기 위한 레짐이 생성되면서 공해의 자유에 관한 두 가지 기제를 축소하려는 유인과 시도가 있었다. '항해의 자유'와 '기국주의'는 인류가 바다에 진출한 이래 수 천 년에 걸쳐 형성된 관습법이고 오늘날 인류 공동의 유산인 바다를 평화롭고 질서 있게 이용하기 위한 법, 제도적 근간이 되고 있다. 따라서 공해상 타국 선박에 법 집행의 절차적 편리성과 집행국의 이익을 위해 이러한 원칙으로부터 예외를 만들거나 후퇴하기 시작하면 해양이용의 기본 틀 자체가 위협받을 수 있고 결국에는 해양질서는 강대국의 힘의 논리와 이익에 좌우 될 수 있다. 이러한 이유로 대북해상 제재와 같은 새로운 해양법 집행 레짐이나 조치는 무해통항제도, 공해이용의 자유와 같은 원칙을 존중하고 국제법의 틀 안에서 이루어져야 한다.

Development of 6-DOF Equations of Motion for a Planning Boat Based on the Results of Sea Trial Tests

  • Jeon, Myung-Jun;Lee, Dong-Hyun;Yoon, Hyeon-Kyu
    • 한국항해항만학회지
    • /
    • 제40권5호
    • /
    • pp.231-239
    • /
    • 2016
  • In general, the attitude of a high-speed planning boat changes following a speed change. Since the hydrodynamic forces acting on a ship differ according to the change of its underwater shape, it is difficult to estimate its hydrodynamic force compared to that of a large commercial ship. In this paper, 6 Degrees Of Freedom (DOF) equations of motion that express the maneuvering motion of a planning boat are modeled by analyzing its motion characteristics based on various sea trial tests. Finally, a maneuvering simulation is carried out and a validation of the equations of motion is confirmed with the results of sea trial tests.

Nonlinear response of stiffened triceratops under impact and non-impact waves

  • Chandrasekaran, Srinivasan;Nassery, Jamshed
    • Ocean Systems Engineering
    • /
    • 제7권3호
    • /
    • pp.179-193
    • /
    • 2017
  • Dynamic response analysis of offshore triceratops with stiffened buoyant legs under impact and non-impact waves is presented. Triceratops is relatively new-generation complaint platform being explored in the recent past for its suitability in ultra-deep waters. Buoyant legs support the deck through ball joints, which partially isolate the deck by not transferring rotation from legs to the deck. Buoyant legs are interconnected using equally spaced stiffeners, inducing more integral action in dispersing the encountered wave loads. Two typical nonlinear waves under very high sea state are used to simulate impact and non-impact waves. Parameters of JONSWAP spectrum are chosen to produce waves with high vertical and horizontal asymmetries. Impact waves are simulated by steep, front asymmetric waves while non-impact waves are simulated using Stokes nonlinear irregular waves. Based on the numerical analyses presented, it is seen that the platform experiences both steady state (springing) and transient response (ringing) of high amplitudes. Response of the deck shows significant reduction in rotational degrees-of-freedom due to isolation offered by ball joints. Weak-asymmetric waves, resulting in non-impact waves cause steady state response. Beat phenomenon is noticed in almost all degrees-of-freedom but values in sway, roll and yaw are considerably low as angle of incidence is zero degrees. Impact waves cause response in higher frequencies; bursting nature of pitch response is a clear manifestation of the effect of impact waves on buoyant legs. Non-impact waves cause response similar to that of a beating phenomenon in all active degrees-of-freedom, which otherwise would not be present under normal loading. Power spectral density plots show energy content of response for a wide bandwidth of frequencies, indicating an alarming behaviour apart from being highly nonlinear. Heave, being one of the stiff degrees-of-freedom is triggered under non-impact waves, which resulted in tether tension variation under non-impact waves as well. Reduced deck response aids functional requirements of triceratops even under impact and non-impact waves. Stiffened group of buoyant legs enable a monolithic behaviour, enhancing stiffness in vertical plane.

해상시험 결과를 이용한 RIB의 4자유도 동력학 식별 (I) - 해상시험, 저항·추진 모델 (Identification of Four-DOF Dynamics of a RIB using Sea Trial Tests (I) - Sea Trial Test, Resistance and Propulsion Model)

  • 윤현규;윤근항;박인홍
    • 대한조선학회논문집
    • /
    • 제48권1호
    • /
    • pp.8-14
    • /
    • 2011
  • RIB(Rigid Inflatable Boat) is widely used for coastal transportation in the commercial use and for ISR(Intelligence, Surveillance, Reconnaissance) in the military use. Since RIB is around 10 meters in length and over 30 knots in speed, its motion characteristics in waves is quite different from a large scale ship. When it turns, large roll occurs and heeling direction is opposite to the large ship's case. Currently, many countries are developing USV(Unmanned Surface Vehicle) of which type is RIB. In order to develop high performance autopilot and way point controller, it is very important to identify RIB's motion characteristics. In this paper, sea trial test results of a 7-meter RIB such as speed, turning, zig-zag, and way point control tests were represented and its resistance and propulsion model was identified by using sea trial data and Savitsky's formula. In addition, the state space model which will be used in the identification of the four-degree-of-freedom dynamics in the next step was formulated and the identification procedure was proposed.

수중드론 운용에 관한 국제법적 논란과 대한민국의 전략 (The Controversy Surrounding the Use of Underwater Drones and the Position of Korea)

  • 이기범
    • Strategy21
    • /
    • 통권41호
    • /
    • pp.153-173
    • /
    • 2017
  • On 15 December 2015, China seized an underwater drone belonging to the U.S. in the South China Sea. The underwater drone was then about to be retrieved by the Bowditch, a U.S. naval ship.Although China returned the underwater drone to the U.S. on 20 December 2016, the incident resulted in the considerable controversy involving the use of underwater drones. The reason for this is that the seizure of the underwater drone happened in the exclusive economic zone (hereafter referred to as "EEZ") of the Philippines. Part XIII of the United Nations Convention on the Law of the Sea (hereafter referred to as "UNCLOS") governs the matters of marine scientific research (hereafter referred to as "MSR"). If a State intends to use an underwater drone in the EEZ of another coastal State for the purpose of MSR, the former has to obtain the consent of the latter in accordance with relevant provisions included in Part XIII of the UNCLOS. However, it is not obvious whether the consent of a coastal State should be required to launch an underwater drone in the EEZ of the State for the purpose of hydrographic surveying or military surveying. Maritime powers such as the U.S. regard hydrographic surveying or military surveying as part of "other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines" found in Article 58(1) of the UNCLOS, or part of the freedom of the high seas. This interpretation is not incompatible with the implications that the UNCLOS has. Nevertheless, Korea cannot accept this kind of interpretation that is supported by maritime powers. The freedom of hydrographic surveying or military surveying could imply that the EEZ of Korea would be full of underwater drones launched by China, Japan or even Russia. Hence, Korea should claim that the data collected for the purpose of MSR cannot be distinguished from that collected for the purpose of hydrographic surveying or military surveying. This means that hydrographic surveying or military surveying without the consent of a coastal State in the EEZ of the State should not be permitted.

국제법상 공해에서의 우리나라 해양경찰권에 관한 연구 (A Study on the Maritime Police Authority of Korea Coast Guard on the High Seas of International Law)

  • 손영태
    • 한국콘텐츠학회논문지
    • /
    • 제19권2호
    • /
    • pp.121-134
    • /
    • 2019
  • 우리나라의 해양경찰권이 미치는 해역은 크게 내수, 영해, 접속수역, 배타적 경제수역, 대륙붕(이하 "국내해역"이라 한다) 및 공해로 구분하고 있으며, 이 중 국내해역에서의 해양경찰권은 국제법인 "해양법에 관한 국제연합 협약"을 수용한 국내법을 따른다. 그 밖에 공해에서는 이 협약을 따르도록 하고 있다. 한편, 국내해역을 벗어난 공해에서는 자국 선박이외 외국선박에 있어서는 해적행위 등 이 협약에서 금지하고 있는 반인류적 범죄행위에 한해 제한적으로 관할권을 허용하고 있다. 하지만 공해상에서 연안국의 해양안보와 선박의 안전을 위협하는 외국선박의 불법행위는 반인류적 범죄 이외 여러 유형의 범죄(case)가 발생할 수 있고 명확한 명문규정 없이 이에 행사된 연안국의 관할권은 국가 간 분쟁을 가져올 수 있는 개연성이 높다 할 것이다. 따라서 본 논문에서는 공해상에서 국제 해양질서를 유지하고, 연안국의 해양경찰권을 안정적으로 확보하기 위한 제도적 개선방안에 대해 제시하고자 한다.

한국의 원양어업관련 국제분쟁 사례연구 (A Study on International Disputes with Korean Distant-Water Sea Fisheries)

  • 김민종
    • 수산경영론집
    • /
    • 제34권1호
    • /
    • pp.69-85
    • /
    • 2003
  • The primary objective of this thesis is to study, case by case, the international disputes for fishing rights between fishing nations and costal states never imagined till the introduction of the UN Convention on the Law of the Sea adopted in 1982 and came into effect in November 16, 1994, which governs the high seas and EEZ in a new manner. Such a study is to provide help in the understanding on this new marine system and how to deal with. This is addressed by the perspectives of disputes (a) in the high seas between fishing nations having traditionally enjoyed the principle of the freedom of the high seas and costal states, (b) in the EEZ between fishing nations and costal states possessing the exclusive jurisdiction over living marine resources and sovereign rights for determining allowable catch and the surplus in its EEZ. The article can be divided into four main parts. First, both the general principles of the settlement of international disputes, and the nature and procedures described in the UNCLOS are introduced. Second, it gives cases of tuna long-liner, North Pacific trawler and squid jigger occurred in the coastal states EEZ, and analyses the problem in both terms of its background and final judgment. It further describes the possible issues in case it depends on the International Tribunal for the Law of the Sea for its settlement. Third, closely tied to above, important points such as the right of hot pursuit, prompt release of vessel and crew, and the limits of cooperation with costal states inspector on board fishing vessels are considered mostly based on the UNCLOS, Bilateral Agreement and UNIA. Finally, the article concludes as follows ; The need for broad analyses on the nature of international suits and legal system for the settlement, to win the case before the International Tribunal for the Law of the Sea or coastal states court, is really acknowledged. However, considering the lack of previous studies about it, it is preferably recommended that governmental efforts for making legal standards to cover the judicial costs, for helping industry out of becoming bankrupt.

  • PDF

방조제 축조 예정지반의 지진에 의한 액상화 거동 평가 (A Study on the Evaluation of Dynamic Behavior and Liquefaction Cau8ed by Earthquake of Sea Dike Structures on the Ground)

  • 도덕현;장병욱;고재만
    • 한국농공학회지
    • /
    • 제35권2호
    • /
    • pp.43-56
    • /
    • 1993
  • The laboratory tests are performed on how the liquefaction potential of the sea dike structures on the saturated sand or silty sand seabed could be affected due to earthquake before and after construction results are given as follows ; 1. Earthquake damages to sea dike structures consist of lateral deformation, settlement, minor abnormality of the structures and differential settlement of embankments, etc. It is known that severe disasters due to this type of damages are not much documented. Because of its high relative cost of the preventive measures against this type of damages, the designing engineer has much freedom for the play of judgement and ingenuity in the selection of the construction methods, that is, by comparing the cost of the preventive design cost at a design stage to reconstruction cost after minor failure. 2. The factors controlling the liquefaction potential of the hydraulic fill structure are magnitude of earthquake(max. surface velocity), N-value(relative density), gradation, consistency(plastic limit), classification of soil(G & vs), ground water level, compaction method, volumetric shear stress and strain, effective confining stress, and primary consolidation. 3. The probability of liquefaction can be evaluated by the simple method based on SPT and CPT test results or the precise method based on laboratory test results. For sandy or silty sand seabed of the concerned area of this study, it is said that evaluation of liquefaction potential can be done by the one-dimensional analysis using some geotechnical parameters of soil such as Ip, Υt' gradation, N-value, OCR and classification of soils. 4. Based on above mentioned analysis, safety factor of liquefaction potential on the sea bed at the given site is Fs =0.84 when M = 5.23 or amax= 0.12g. With sea dike structures H = 42.5m and 35.5m on the same site Fs= 3.M~2.08 and Fs = 1.74~1.31 are obtained, respectively. local liquefaction can be expected at the toe of the sea dike constructed with hydraulic fill because of lack of constrained effective stress of the area.

  • PDF

근해안강망어업의 발전과정 및 재편방향에 관한 연구 (A Study on the Development and Reorganization of the Stow-Net Fishery in Korea)

  • 김대영;일본명
    • 수산경영론집
    • /
    • 제27권2호
    • /
    • pp.65-82
    • /
    • 1996
  • This study aims to investigate the development of the stow-net fishery operated in East China Sea and Yellow Sea and its role in the off-shore demersal fishery In Korea after 1980's. This paper also reorganization problems of this fishery under 200 mile exclusive economic zen system. Stow-net fishery which has an important role in offshore demersal fishery in terms of the fish production and supplies had attained an rapid growth since 1960's throughout advancement of the fishing technique, government support and enlargement of fish market. However, the production had come to a stagnant stage since 1980, and even reduced in 1990's by reason of competition from Chinese vessels which have been developing reapidly as well as other more productive demersal fishery such as trawl of Korea. Nevertheless, high fish price has maintained the business of this fishery. This fishery faces some difficulties such as limited resources, the plunge of fish price due to fish import freedom, and 200 mile EEZ settlement in those Seas among the related countries ratifying the United Nations Convention of the Law of the Sea in 1996. This paper discusses the reorganization problems of the stow-net fishery under the new situation. : (1)to lighten a damage to the fishery to keep the fishing ground and to restrict the entry of competitive fisheries, (2)to reduce the fishing effort by the governmental support, (3)to introduce new fishing methods, (4)to employ foreigner as a cheep labour, (5)to rise fish price throughout more freshness of fishes.

  • PDF