• Title/Summary/Keyword: Maritime neutrality laws

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Changes in the Law Regulating Contraband of war under the Law of Neutrality and Implications for the Korean Peninsula (중립법상 전시금제품 제도의 변천과 한반도에서의 함의)

  • Park, Ji-hong
    • Maritime Security
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    • v.8 no.1
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    • pp.41-71
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    • 2024
  • In international armed conflict, 'the contraband of war' under 'the law of neutrality' was developed to balance the interests of belligerents' belligerent rights and neutrals' economic interests and it began to change and evolve with the development of trade in the 19th century. The scope of material control expanded during the First and Second World Wars and continues to this day. In particular, a trend toward preventing the military use of 'conditional contraband' that could be used for both military and civilian purposes. In the process, the law regulating contraband of war expanded conceptually to become an 'international export control system' led by international organizations. Today, the contraband of war is still in effect, but there are no laws or guidelines related to the contraband of war in Korea in case of an emergency for the Korean Peninsula. Considering that it is an international practice to create and publicize a list of the contraband of war, it is necessary for Korea to prepare for it. Therefore, this paper examines the historical origins and development of the law regulating of war under the law of neutrality and examines the state practice of the contraband of war control over time. In doing so, this paper will examine the implications of the law regulating contraband of war for the Korean Peninsula through changing in the law regulating contraband of war and state practice.

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Legitimacy of the wartime maritime blockade of the Korean Peninsula : Focusing on the response to ships in neutral countries (전시 한반도 근해 해상봉쇄의 합법성: 중립국 선박에 대한 대응을 중심으로)

  • Park, Hyun-rok
    • Maritime Security
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    • v.5 no.1
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    • pp.85-112
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    • 2022
  • The maritime blockade has long been used as a means of war in that it serves as a bridge for economic warfare by paralyzing enemy maritime transport, although it is not a decisive battle, and in the Korean War, U.N. forces have achieved significant results in the war with limited maritime blockade through the Clark Line. However, with China emerging as a maritime powers based on its strong naval power, there is a lack of consideration on how to set up a blockade to block maritime activities and how to respond neutral ships or carrying wartime contraband products if war breaks out again on the Korean Peninsula, In addition, since maritime blockade should be used as a sensitive and flexible naval force projection in that it has interests with neutral countries, it should be carefully reviewed in that it can be used only through careful and reasonable judgment considering the principle of ensuring the legality of maritime blockade Therefore, in this study, Reexamine the process of change in the application of the International Law of Blockade, and through this, Derive the basic principle of ensuring the legitimacy of maritime blockade. In addition, by reviewing the application of these basic principles in the waters off the Korean Peninsula at wartime, we presented answers to research questions by reviewing what needs to be done to neutral ships and ships carrying wartime contraband products, and considered the implications for us

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Analysis of the Legal Blind Sectors of the Large-Scale Offshore Wind Farms of Korea and Proposal to Improve Safety Management (대규모 해상풍력발전단지의 안전관리를 위한 법적 사각지대 분석 및 개선 제안)

  • Inchul Kim;Dong Nam
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.29 no.2
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    • pp.127-138
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    • 2023
  • A variety of decarbonized energy sources are being developed globally to realize carbon neutrality (Net Zero) by 2050 as a measure to address the global climate crisis. As the Korean government has also established a Renewable Energy 3020 policy and promoted energy development plans using solar or wind power, large-scale offshore development projects not present before in coastal waters, such as offshore wind farms, are being promoted. From ships' point of view, offshore facilities present obstacles to safe navigation, and with the installation of marine facilities, ship collisions or contact accidents between ships and marine facilities may occur in the narrowed water areas. In addition, there are concerns about environmental pollution and human casualties caused by marine accidents. Accordingly, we review overseas and domestic offshore wind farm development plans, analyze whether institutional devices are in place to ensure the safe passage of ships in wind farm areas, and study the safe operation of large-scale offshore wind farms and safe passage of ships along the Korean coast by comparing overseas legislative cases with domestic laws and presenting a proposal to illuminate the legal blind sectors.