• The Journal of the Korea Contents Association
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• v.19 no.2
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• pp.121-134
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• 2019

The areas be affected maritime police authority of the Republic of Korea, are largely classified as inland waters, territorial waters, exclusive economic zone and continental shelf(hereinafter referred to as "domestic sea area") and high seas. Of these, the maritime police authority in domestic sea area follows a municipal law that accommodates the United Nations Convention on the Law of the Sea(UNCLOS). In addition, this Convention shall apply on the high seas. Meanwhile, on the high seas, foreign vessels other than domestic vessels are allowed to be subject to limited jurisdiction only for the anti-mankind criminal acts, such as piracy etc. this is in accordance with the principle of "Freedom of the high seas" and "maritime flag state," under this Convention. However, the illegal acts of foreign vessels that threaten the security of coastal states and the safety of ships on the high seas can cause many types of crimes other than anti-mankind criminal acts, and the jurisdiction of the coastal states exercised may lead to conflicts between countries. Therefore, this article would like to suggest a plan for institutional improvement to maintain international maritime order on the high seas and secure maritime police authority in coastal states.

• Proceedings of the Korean Society of Marine Engineers Conference
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• 2006.06a
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• pp.121-122
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• 2006

The legal regime of the high seas has traditionally been characterised by the dominance of the principles of free use and the exclusivity of flag State jurisdiction. It means that the high seas are open to all States, and no State may validly purport to subject any part of them to its sovereignty. but it has not always been so. accordingly, here we discuss the general regime of the high seas in this papaer.

• Journal of Navigation and Port Research
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• v.41 no.3
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• pp.103-108
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• 2017

This paper analyzed the distribution characteristics of incidents of high seas watches and warnings using data from 2010 to 2014. High seas watches and warnings are critical to the vessels and marine operators of the region, etc. because they affect the ability to safely maneuver. High seas often appear at the southern and middle regions of the East Sea and the eastern region of the South Sea. This phenomenon is closely connected to an extratropical cyclone's development and migration, as well as monsoon intensity. They occur primarily in winter(December ~ January) and spring(March ~ April). The statistical analysis of monthly high seas watches and warnings in both inshore and offshore areas shows a strong positive correlation.

• Journal of the Korean Society of Marine Environment & Safety
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• v.17 no.1
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• pp.47-52
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• 2011

On the high seas, under international law, a ship is subject to the jurisdiction of the state whose flag she flies. Vessels of any flag are free to navigate the high seas without interference from other states. Thus, there are certain limits of coastal state's exercising law enforcement jurisdiction over a foreign flag vessel on the high seas. However, there are exceptions to exclusive flag state jurisdiction. One of them is the theory of constructive presence. The other is theory of partial execution. Korea Coast Guard's law enforcement authority should be exercised more actively based on those theories supported by the international cases.

• Ocean and Polar Research
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• v.42 no.3
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• pp.211-223
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• 2020

With the increasing demand for improved marine environments and safety, greater ability to minimize damages to coastal areas from harmful organisms, ship accidents, oil spills, etc. is required. In this regard, an accurate assessment and understanding of current systems is a crucial step to improve forecasting ability. In this study, we examine spatial and temporal characteristics of current systems in the adjacent seas of Jeju Island using a high-resolution regional ocean circulation model. Our model successfully captures the features of tides and tidal currents observed around Jeju Island. The tide form number calculated from the model result ranges between 0.3 and 0.45 in the adjacent seas of Jeju Island, indicating that the dominant type of tides is a combination of diurnal and semidiurnal, but predominantly semidiurnal. The spatial pattern of tidal current ellipses show that the tidal currents oscillate in a northwest-southeast direction and the rotating direction is clockwise in the adjacent seas of Jeju Island and counterclockwise in the Jeju Strait. Compared to the mean kinetic energy, the contribution of tidal current energy prevails the most parts of the region, but largely decreases in the eastern seas of Jeju Island where the Tsushima Warm Current is dominant. In addition, a Lagrangian particle-tracking experiment conducted suggests that particle trajectories in tidal currents flowing along the coast may differ substantially from the mean current direction. Thus, improving our understanding of tidal currents is essential to forecast the transport of marine pollution and harmful organisms in the adjacent seas of Jeju Island.

• Journal of Fisheries and Marine Sciences Education
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• v.5 no.2
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• pp.138-146
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• 1993

In accordance with the establishment of 200 nautical miles EEZ regime as a customary international law since the mid - 1980s, the area of global high seas became reduced relatively. On the other hand, the importance of high seas fishing ground became serious for the distant-water fishing states like Korea. But it can be expected that international dispute on the jurisdictional problem of the fishing vessels engaging high sea fishery will occur frequently owing to institutional inertia of the UNLOS Convention on this matter. "The Draft Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas" as an international code of conduct for responsible fishing which was adopted by FAO in 1993 is providing the more consolidating and definiting rules for jurisdictional responsibility of flag states to make completion the loophole of the UNLOS Convention. As a precondition for the effective control and enforcement of activities of the fishing vessels engaging high sea fishery, the Draft Agreement is providing some articles allowing the flag states to hold the rights of granting nationality, fishery permission, fishery supervision and control with punishment for the fishing vessels entitled to fly their own flag. Accordingly it can be evaluated that this Draft Agreement does not deviate on the whole from the traditional practice and the basic legal principle of the UNLOS Convention.

• Journal of the Korean earth science society
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• v.41 no.4
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• pp.356-366
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• 2020

The accuracy of satellite-observed sea surface salinity (SSS) was evaluated in comparison with in-situ salinity measurements from ARGO floats and buoys in the seas around the Korean Peninsula, the northwest Pacific, and the global ocean. Differences in satellite SSS and in-situ measurements (SSS errors) indicated characteristic dependences on geolocation, sea surface temperature (SST), and other oceanic and atmospheric conditions. Overall, the root-mean-square (rms) errors of non-averaged SMOS SSSs ranged from approximately 0.8-1.08 psu for each in-situ salinity dataset consisting of ARGO measurements and non-ARGO data from CTD and buoy measurements in both local seas and the ocean. All SMOS SSSs exhibited characteristic negative bias errors at a range of -0.50- -0.10 psu in the global ocean and the northwest Pacific, respectively. Both rms and bias errors increased to 1.07 psu and -0.17 psu, respectively, in the East Sea. An analysis of the SSS errors indicated dependence on the latitude, SST, and wind speed. The differences of SMOS-derived SSSs from in-situ salinity data tended to be amplified at high latitudes (40-60°N) and high sea water salinity. Wind speeds contributed to the underestimation of SMOS salinity with negative bias compared with in-situ salinity measurements. Continuous and extensive validation of satellite-observed salinity in the local seas around Korea should be further investigated for proper use.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.3-30
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• 2011

According to the Article 86 of the United Nations on the Law of the Sea(UNCLOS) the provisions of high seas apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. Article 87 also stipulates the freedom of the high seas. International laws on the flight over the high seas are found as follows; Firstly, as far as the nationality of the aircraft is concerned, its legal status is quite different from the ship where the flags of convenience can be applied practically. There is no flags of convenience of the aircraft. Secondly, according to the Article 95 of 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(or state) aircraft over the high seas have also complete immunity from the jurisdiction of any State other than the flag State. Thirdly, according to the Article 101 of UNCLOS piracy consists of any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft. We can conclude that piracy can de done by a pirate aircraft as well as a pirate ship. Fourthly, according to the Article 111 (5) of 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 only military aircraft, or aircraft clearly marked and identifiable as being on government service and authorized to that effect. Fifthly, according to the Article 110 of 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 authorized 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. Sixthly, according to the Article 1 (5)(dumping), 212(pollution from or through the atmosphere), 222(enforcement with respect to pollution from or through the atmosphere) of UNCLOS aircraft as well as ship is very much related to marine pollution. Seventhly, as far as the crime on board aircraft over the high seas is concerned 1963 Convention on the Offences and Certain Other Acts Committed on Board Aircraft(Tokyo Convention) will be applied, and as for the hijacking over the high seas 1970 Convention for the Suppression of Unlawful Seizure of Aircraft(Hague Convention) and as for the sabotage over the high seas 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(Montreal Convention) will be applied respectively. These three conventions recognize the flag state jurisdiction over the crimes on board aircraft over the high seas. Eightly, as far as reconnaissance by foreign aircraft in the high seas toward the coastal States is concerned it is not illegal in terms of international law because its act is done in the high seas. Ninthly as for Air Defence Identification Zone(ADIZ) there are no articles dealing with it in the 1944 Chicago Convention. The legal status of the foreign aircraft over this sea zone might be restricted to the regulations of the coastal states whether this zone is legitimate or illegal. Lastly, the Arctic Sea is the frozen ocean. So the flight over that ocean is the same over the high seas. Because of the climate change the Arctic Sea is getting melted. If the coastal states of the Arctic Sea will proclaim the Exclusive Economic Zone(EEZ) as the ocean is getting melted, the freedom of flight over that ocean will also be restricted to the regulations of the coastal states.

• Proceedings of KOSOMES biannual meeting
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• 2017.11a
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• pp.221-221
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• 2017

• Journal of Environmental Science International
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• v.10 no.6
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• pp.423-429
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• 2001

Satellite data, with sea surface temperature(557) by NOAA and sea level(SL) by Topex/poseidon, are used to estimate characteristics on the variations and correlations of 557 and SL in the East Asian Seas from January 1993 through May 1998. We found that there are two climatic characteristics in the East Asian seas the oceanic climate, the eastern sea of Japan, and the continental climate, the eastern sea of China, respectively. In the oceanic climate, the variations of SL have the high values in the main current of Kuroshio and the variations of 557 have not the remarkable seasonal variations because of the continuos compensation of warm current by Kuroshio. In the continental climate, SL has high variations in the estuaries(the Yellow River, the Yangtze River) with the mixing the fresh water and the saline water in the coasts of continent and 557 has highly the seasonal variations due to the climatic effect of continents. In the steric variations of summer, the eastern sea of Japan, the East China Sea and the western sod of Korea is increased the sea level about 10~20cm. But the Bohai bay in China have relatively the high values about 20~30cm due to the continental climate. generally the trends of SST and SL increased during all periods. That is say, the slopes of 557 and SL Is presented 0.29$^{\circ}C$/year and 0.84cm/year, respectively. The annual and semi-annual amplitudes have a remarkable variations in the western sea of Korea and the eastern sea of Japan. In the case of the annual peaks, there appeared mainly In the western sea of Korea and the eastern sea of .Japan because of the remarkable variations of SL associated with Kuroshio. But in the case of the semi-annual peaks, there appeared in the eastern sea of Japan by the influence of current, and in the western sea of Korea by the influence of seasonal temperature, respectively. From our results, it should be believed that 557 and SL gradually Increase in the East Asian seas concerning to the global warming. So that, it should be requested In the international co-operation against In the change of the abnormal climate.