• Strategy21
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• s.44
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• pp.103-141
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• 2018

As the South China Sea maritime dispute illustrates, when considering the place where maritime claims occur, states do not have many choices to respond to maritime claims in which disputed areas are located far away from the land and are surrounded by the sea. As Mearsheimer (2014) points out, the sea stops power projection. Therefore, in order to adopt coercive as well as peaceful settlement policies to deal with maritime claims, states need to overcome obstacles (the sea) to project power. It means that if states want to conduct a specific foreign policy action, such as negotiating maritime borderlines or arguing sovereignty on islands, they need a tool (naval power) to coerce or to persuade the opponent. However, there are lack of research that studies maritime claims from the perspective of naval power. This research project fills this gap based on naval power. How do relative levels of naval power and (dis) parities of naval power influence the occurrence of MIDs over maritime claims? Naval power is a constitutive element during maritime claims. If disputants over maritime claims have required naval power to project their capability, it means that they have the capability to apply various ways, such as aggressive options including MIDs, to accomplish their goals. So, I argue that when two claimants have enough naval power to project their capabilities, the likelihood of MIDs over maritime claims increases. Given that one or both states have a certain level of naval power, how does relative naval power between two claimants influence the management of maritime claims? Based on the power transition theory, I argue that when the disparities of relative naval power between claimants becomes distinctive, militarized conflicts surrounding maritime territory are less probable. Based on the ICOW project which codes maritime claims from 1900 to 2001, the empirical results of the Poisson models show if both claimants have projectable naval power, the occurrence of MIDs over maritime claims increases. In addition, the result shows that when disputants maintain similar relative naval powers, they are more likely to initiate MIDs over maritime claims. To put it differently, if naval capabilities' gap between two claimants becomes larger, the probability of the occurrence of MIDs decreases.

• Strategy21
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• s.45
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• pp.91-115
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• 2019

When compared to land territorial claims, maritime claims have not attracted as much attention from the public as well as the academia. However, after the ICOW (Issue Correlates of War) data was published and was expanded to include maritime and river claims, there have been many quantitative studies that analyze maritime claims or separate different types of territorial claims to explain various mechanisms over different types of territorial claims. These quantitative studies have provided valuable explanations about the onset and the management of maritime claims. This research tries to review these quantitative research. Most studies about maritime claims, especially regarding the management of claims, analyze maritime claims based on two different levels of factors. First, from the perspective of systemic level, several studies focus on the role of international institutions and systemic level of democracy to explain the management of maritime claims. Second, at the dyadic level, many studies explain how the issue salience, past experience, the presence of resources, joint democracy, and relative power influence the occurrence of peaceful settlement attempts or conflictual behaviors over maritime claims. Based on the review of these literature, this research tries to identify several factors to explain the Dokdo issue and to encourage peaceful settlement attempts over the Dokdo issue.

• Maritime Security
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• v.3 no.1
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• pp.1-44
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• 2021

China's new Maritime Policy Law (MPL) purports to regulate the duties of China's maritime police agencies, including the China Coast Guard, and safeguard China's sovereignty, security, and rights and interest. The MPL has potentially far-reaching application, as China claims extensive maritime areas off its mainland and in the South China Sea. This expansive application of maritime law enforcement jurisdiction is problematic given that most of China's maritime claims are inconsistent with international law. To the extent that the MPL purports to assert jurisdiction over foreign flagged vessels in disputed areas or on the high seas, it contravenes international law. Numerous provisions of the MPL regarding the use of force are also inconsistent with international rules and standards governing the use of maritime law enforcement jurisdiction, as well as the UN Charter's prohibition on the threat or use of force against the territorial integrity or political independence of any state. China could use the MPL as a subterfuge to advance its illegal territorial and maritime claims in the South and East China Seas and interfere with coastal State resource rights in their respective exclusive economic zone.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 1997.04a
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• pp.41-51
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• 1997

• Journal of the Korean Institute of Navigation
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• v.21 no.3
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• pp.39-47
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• 1997

Under Chinese law system, the maritime law is a special branch of the civil law. For this reason, the maritime litigation shall be governed correspondently by the civil prodecure law. However, since the maritime litigation has its own special prodecure which is different from that of general procedure, there must be some special regulations to be a supplement to the civil procedure law. In this paper, a study is made on such regulations which are "The Regulations Relating to the arrest of Ships Before Litigation" and "The Regulations Concerning the Auction of Ships Which Have Been Arrested by Maritime Court for Clearing off the Debts" The aim of this paper is to describe the basic principles established in the regulations mentioned above in order to make the people who are unfamiliar with Chinese maritime legislation to be understood about Chinese special procedure adopted in maritime litigation.maritime litigation.

• 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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.64
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• pp.65-97
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• 2014

Arbitration is the dispute methods for speedy and economic resolutions in international commercial areas. In maritime disputes cases in East Asia, Korea and Japan are the regional benefits to cover and deal with the maritime cases on arbitration. And Korea and Japan are the competitive maritime industry for heavy shipbuilding industry, cargo carrier, processing and transhipment service on ports, and ship financial services in national competitive areas. Japan is the Tokyo maritime arbitration commission(TOMAC) as an uniquely capable of dealing with arbitrations involving problems arising in the sea field. TOMAC provides amended its arbitration rules 2014 aiming at matching with the maritime disputes circumstances with three maritime arbitration rules as ordinary rules, simplified rules and the rules of small claims arbitration procedure. KCAB however, as the unique commercial arbitration board in Korea is dealing on all of the commercial disputes on only the international commercial arbitration rules in 2011. Though KCAB is dealt with maritime dispute cases on international arbitration rules in Korea, it is small and simple compared with TOMAC in Japan. Maritime disputes are highly complicated and embroiled with multi-parties contract and subcontracts arising under contracts relating to bills of lading, charter parties, sale and purchase of ships, shipbuilding, ship financing and so forth. This paper is to provides a discussion and comparison on recently arbitration rules focus on the maritime aspects on Korea and Japan. We need to consider to make an independent and special institute and maritime arbitration rules including the multiparty consolidation and med-arb provisions for handling the disputes and resolution of maritime conflict cases in Korea.

• Strategy21
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• s.31
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• pp.220-250
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• 2013

South Korean national security strategy should be developed to effectively handle and counter increasing maritime threats and challenges. There are three major maritime threats South Korea faces today; maritime disputes on the EEZ boundary and Dokdo islet issues, North Korean threats, and international maritime security. Maritime disputes in the region are getting intensified and turned into a military confrontation after 2010. Now regional countries confront each other with military and police forces and use economic leverage to coerce the others. They are very eager to create advantageous de facto situations to legitimize their territorial claims. North Korean threat is also increasing in the sea as we witnessed in the Cheonan incident and Yeonpyoung shelling in 2010. North Korea resorts to local provocations and nuclear threats to coerce South Korea in which it may enjoy asymmetric advantages. The NLL area of the west sea would be a main hot spot that North Korea may continue to make a local provocation. Also, South Korean national economy is heavily dependent upon foreign trade and national strategic resources such as oil are all imported. Without an assurance on the safety of sea routes, these economic activities cannot be maintained and expanded. This paper argues that South Korea should make national maritime strategy and enhance the strength of naval forces. As a middle power, its national security strategy needs to consider all the threats and challenges not only from North Korea but also to maritime security. This is not a matter of choice but a mandate for national survival and prosperity. This paper discusses the importance of maritime security, changing characteristics of maritime threats and challenges, regional maritime disputes and its threat to South Korea's security, and South Korea's future security strategy and ways to enhance the role of naval forces. Our national maritime strategy needs to show middle and long term policy directions on how we will protect our maritime interests. Especially, it is important to build proper naval might to carry out all the roles and missions required to the military.

• The Transactions of The Korean Institute of Electrical Engineers
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• v.66 no.2
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• pp.409-415
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• 2017

This paper addresses on an linear matrix inequality (LMI) formulation of the robust waypoint tracking problem of large diameter unmanned underwater vehicles (LDUUVs) in the horizontal plane. The interested design issue can be reformed as the robust asymptotic stabilization of the provided error dynamics with respect to the desired yaw angle, surge speed and attitude. Sufficient conditions for its robust asymptotic stabilizability against the hydrodynamic uncertainties are derived in the format of LMI. An example is provided to testify the validity of the proposed theoretical claims.

• Journal of Navigation and Port Research
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• v.26 no.4
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• pp.399-406
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• 2002

There may be some cases in which underwriters refuse to pay claims to the assured in case of his want of due diligence and actually, a lot of cases which an assured could not have been covered, existed through the history of marine hull insurance claims. Statistically, looking back the past marine accident cases in korea, the most parts of the accident are man-made disasters caused by want of due diligence. So, this study will focuss on this kind of marine losses and insurance clauses and other relevant rules containing due diligence such as due diligence of the assured in inchmaree clause, ITC-Hulls(1983), and due diligence of carrier in Hague-Visby Rule and so on. This study also shows what the disadvantages to marine enterprisers are, caused by want of due diligence and the advantages of doing due diligence are. In conclusion, this study contends that marine enterprisers should perform due diligence in dong their business for both financial stability and good management of their companies.