• Title/Summary/Keyword: Maritime Safety Crimes

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A Study on the Enhancement of International Regulation on Maritime Crimes at Sea (해상안전범죄에 대한 국제법상 규제강화방안에 관한 연구)

  • Min, Kkot-Byol;Lee, Yong-Hee
    • Proceedings of KOSOMES biannual meeting
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    • 2006.05a
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    • pp.141-152
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    • 2006
  • Along with unification world market, marine transportation has become important for international community. At the same tome, piracy, armed robbery and maritime terrorism which threaten marine transport have been issued in international society. International organization like a IMO has continued to regulate maritime crimes by international law and regulation. Bearing in mind the in importance of the issue, this article analyze maritime crimes covering piracy, armed robbery and maritime terrorism about definition and legal character and pointed out problems. Finally it suggest methods to enhance international regulation on them.

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A Study on the Countermeasures to the Crimes Committed by Mental Patients at Sea (해양에서 정신장애자의 범법행위에 대한 대응방안)

  • Ju, Jong-Kwang;Goh, Sung-Jung;Lee, Eun-Bang;Choi, Suk-Yoon
    • Proceedings of KOSOMES biannual meeting
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    • 2008.05a
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    • pp.33-42
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    • 2008
  • The crimes and the vandalism committed by mental patients such as the burning of Syungremoon and Daegu's subway have become a social insecure factors. In the paper, the criminal status of mental patients is analyzed and the range of probabilities at sea investigated. The countermeasures to these crimes are proposed.

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Legal Problems of Crimes against Aircraft Safety in Korean Law (항공안전 관련 형사특별법에 대한 연구)

  • Song, Seong-Ryong;Kim, Dong-Uk
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.69-100
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    • 2011
  • The penalty clauses of 'Aviation Act' and 'Aviation Safety and Security Act' going into effect now were legislated because the aviation safety is being more influenced by the aviation safety system compared to the ground or maritime transportation and it is possible the aircraft can harm to people and wealth located in the ground as well as threaten the safety of the passengers and crew on board when it is the target of crimes. However, analyzing the current acts, applicable objects and behavioral requirements of some provisions are too general, and they are providing severely high penalties in many clauses without separating applicable objects and behavioral requirements. In addition, there are some critical legislative defects and there is a problem in terms of law-applicable area in the legal system. It is inferred that these legislative problems of the criminal special-law related to the aviation were caused by following reasons; first, aviation security experts or policy-makers than criminal law experts attended more actively in the enactment process, second, the communication among specialist groups were not accomplished well enough.

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

  • Son, Yeong-Tae
    • 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.

A Study on Jurisdiction under the International Aviation Terrorism Conventions (국제항공테러협약의 관할권 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.59-89
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    • 2009
  • The objectives of the 1963 Tokyo Convention cover a variety of subjects, with the intention of providing safety in aircraft, protection of life and property on board, and promoting the security of civil aviation. These objectives will be treated as follows: first, the unification of rules on jurisdiction; second, the question of filling the gap in jurisdiction; third, the scheme of maintaining law and order on board aircraft; fourth, the protection of persons acting in accordance with the Convention; fifth, the protection of the interests of disembarked persons; sixth, the question of hijacking of aircraft; and finally some general remarks on the objectives of the Convention. The Tokyo Convention mainly deals with general crimes such as murder, violence, robbery on board aircraft rather than aviation terrorism. The Article 11 of the Convention deals with hijacking in a simple way. As far as aviation terrorism is concerned 1970 Hague Convention and 1971 Montreal Convention cover the hijacking and sabotage respectively. The Problem of national jurisdiction over the offence and the offender was as tangled at the Hague and Montreal Convention, as under the Tokyo Convention. Under the Tokyo Convention the prime base of jurisdiction is the law of the flag (Article 3), but concurrent jurisdiction is also allowed on grounds of: territorial principle, active nationality and passive personality principle, security of the state, breach of flight rules, and exercise of jurisdiction necessary for the performance of obligations under multilateral agreements (Article 4). No Criminal jurisdiction exercised in accordance with national law is excluded [Article 3(2)]. However, Article 4 of the Hague Convention(hereafter Hague Article 4) and Article 5 of the Montreal Convention(hereafter Montreal Article 5), dealing with jurisdiction have moved a step further, inasmuch as the opening part of both paragraphs 1 and 2 of the Hague Article 4 and the Montreal Article 5 impose an obligation on all contracting states to take measures to establish jurisdiction over the offence (i.e., to ensure that their law is such that their courts will have jurisdiction to try offender in all the circumstances covered by Hague Article 4 and Montreal Article 5). The state of registration and the state where the aircraft lands with the hijacker still on board will have the most interest, and would be in the best position to prosecute him; the paragraphs 1(a) and (b) of the Hague Article 4 and paragraphs 1(b) and (c) of the Montreal Article 5 deal with it, respectively. However, paragraph 1(b) of the Hague Article 4 and paragraph 1(c) of the Montreal Article 5 do not specify if the aircraft is still under the control of the hijacker or if the hijacker has been overpowered by the aircraft commander, or if the offence has at all occurred in the airspace of the state of landing. The language of the paragraph would probably cover all these cases. The weaknesses of Hague Article 4 and Montreal Article 5 are however, patent. The Jurisdictions of the state of registration, the state of landing, the state of the lessee and the state where the offender is present, are concurrent. No priorities have been fixed despite a proposal to this effect in the Legal Committee and the Diplomatic Conference, and despite the fact that it was pointed out that the difficulty in accepting the Tokyo Convention has been the question of multiple jurisdiction, for the reason that it would be too difficult to determine the priorities. Disputes over the exercise of jurisdiction can be endemic, more so when Article 8(4) of the Hague Convention and the Montreal Convention give every state mentioned in Hague Article 4(1) and Montreal Article 5(1) the right to seek extradition of the offender. A solution to the problem should not have been given up only because it was difficult. Hague Article 4(3) and Montreal Article 5(3) provide that they do not exclude any criminal jurisdiction exercised in accordance with national law. Thus the provisions of the two Conventions create additional obligations on the state, and do not exclude those already existing under national laws. Although the two Conventions do not require a state to establish jurisdiction over, for example, hijacking or sabotage committed by its own nationals in a foreign aircraft anywhere in the world, they do not preclude any contracting state from doing so. However, it has be noted that any jurisdiction established merely under the national law would not make the offence an extraditable one under Article 8 of the Hague and Montreal Convention. As far as international aviation terrorism is concerned 1988 Montreal Protocol and 1991 Convention on Marking of Plastic Explosives for the Purpose of Detention are added. The former deals with airport terrorism and the latter plastic explosives. Compared to the other International Terrorism Conventions, the International Aviation Terrorism Conventions do not have clauses of the passive personality principle. If the International Aviation Terrorism Conventions need to be revised in the future, those clauses containing the passive personality principle have to be inserted for the suppression of the international aviation terrorism more effectively. Article 3 of the 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, Article 5 of the 1979 International Convention against the Taking of Hostages and Article 6 of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation would be models that the revised International Aviation Terrorism Conventions could follow in the future.

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