• Title/Summary/Keyword: Regulations on Exploitation

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The Scope of Potential Duties for Environment Protection in the Regulation on the Exploitation for Polymetalic Nodules in the Area (심해저 망간단괴 생산규칙의 잠재적 환경보호 의무 범위에 관한 연구)

  • Kim, Jung-Eun;Park, Seong-Wook
    • Ocean and Polar Research
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    • v.37 no.1
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    • pp.81-90
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    • 2015
  • International Seabed Authority (ISA) is currently developing rules with regard to exploitation of manganese nodules which will be contained in its first regulations governing the exploitation of deep seabed mineral resources. A stakeholder survey was conducted in the early 2014 by ISA with the aim of facilitating participation of interested entities in the development process of the rules. The stakeholders who had replied to the survey included existing contractors, sponsoring States, environmentalists, academics, and nongovernmental organizations. Opinions given by them largely reflect their own interests. This paper aims to clarify the scope of the obligations regarding the environmental protection which may be imposed on contractors under the new regulations for the exploitation of manganese nodules. To do so, it first analyses the express provisions on environmental protection applicable to deep seabed mining included in the Law of the Sea Convention, its agreement on implementation of Part XI, and the regulations on exploration for manganese nodules. Secondly, it categorizes these obligations based on the categories of international obligations suggested by Combacau and Alland. Based on the categorizations this paper concludes that, in addition to the existing duties to protect deep seabed environment within the Law of the Sea Convention system, the following new obligations could be added: conservation of exploitation sites for a limited time after the contract is ceased; taking all necessary measures for rehabilitation of destroyed ecosystems that occurredas a result of mining activities; monitoring exploitation sites for a limited period time after the contract is ceased; observing rules and standards on safety of ships and environmental protection adopted under IMO instruments; regulation on the discharge of mine tailings from the facilities used for exploitation of deep sea minerals. Lastly, this paper attempts to provide ways of reflecting national interests in terms of potential obligations which may be included in the new regulations.

A Study on the Financial System for Developing Mineral Resources and Protecting the Marine Environment in the Area (심해저 광물자원 개발과 해양환경보호를 위한 재정제도에 관한 연구)

  • Seongwook Park
    • Ocean and Polar Research
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    • v.45 no.1
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    • pp.11-22
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    • 2023
  • For the commercial development of deep-sea mineral resources, the International Seabed Authority is engaged in wide ranging discussions to establish the Regulations on Exploitation. The core issue of the Regulations on Exploitation is how to protect the marine environment along with the royalty system that distributes the profits from such development. The United Nations Convention on the Law of the Sea stipulates the protection of the marine environment in Part 12 (Articles 192-237) for the preservation of the marine environment, and in the 1994 Implementation Agreement, the protection of the marine environment at the stage of application for approval of the plan of work together with the Regulations on Exploration for the protection of the marine environment. For this purpose, certain obligations are imposed on the applicants. In the Regulations on Exploitation, financial systems such as environmental performance guarantee, insurance, and environmental compensation funds, which were not found in the Regulations on Exploration, are added to further specify the measures for marine environment protection generally stipulated in the 1982 Law of the Convention or 1994 Implementation Agreement. Regarding the financial system for marine environment protection, the Marine Environmental Protection and Conservation Informal Working Group meeting is revising the purpose of the environmental compensation fund. Among these financial system elements, it is judged that there is a possibility that the environmental performance guarantee and insurance may overlap considerably, and it is also thought that the establishment of the environmental compensation fund can also provide a substantial sum of money that will meet the purpose of the compensation fund in terms of securing its financial resources. In this paper, the question is posed as to whether or not this can be accomplished. In this respect, this paper examines the environmental performance guarantee, insurance, and environmental compensation fund, which are necessary for the protection of the marine environment of the deep seabed, but which can impose appropriate obligations on contractors for the commercial development of deep seabed mineral resources. At the same time as figuring out how it is operated in relation to relevant domestic laws, I would like to propose a plan to reflect the implications derived from the domestic law operation process in the Regulations on Exploitation.

A Study on the Considerations Relating to the Regulations for Prospecting and Exploration for Hydrothermal Polymetallic Sulphides and Cobalt-rich Ferromanganese Crusts in the Area (해저 열수광상 및 망간각 자원 개발을 위한 국제적 논의에 대한 고찰)

  • Park, Seong-Wook;Lee, Yong-Hee;Kwon, Moon-Sang
    • Ocean and Polar Research
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    • v.25 no.2
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    • pp.227-235
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    • 2003
  • In August 1998, during the resumed fourth session of the Authority, the delegation of the Russian Federation reminded the Assembly that, in addition to polymetallic nodules, other mineral resources existed in the Area, including polymetallic sulphides and cobalt crusts, and requested the Authority to adopt rules, regulations and procedures for exploration for such resources. Pursuant to article 162, para. 2(o)(ii), of the 1982 UNCLOS, such rules, regulations and procedures are to be adopted within three years of the date of such a request. This article reviewed the 'Draft Rules and Regulations for the Exploration and Exploitation of Sea-Floor Massive Sulphides and Cobat-rich Ferromanganese Crusts in the Area' by ISA in 2001, and the 'Madang Guideline for Offshore Mineral Policy' written in 1999 in respect of the international trends of polymetallic sulphides and cobalt crusts. Issues for size of mining area and relinquishment, application of the site-banking system, procedure for dealing with overlapping claims and precautionary approach etc. for the establishment of the norm of polymetallic sulphides and cobalt crusts are reviewed as consideration factors.

A Study on Development Direction for Ornamental Fish Industry in Korea (우리나라 관상어산업의 발전방향에 관한 연구)

  • Kim, Dae-Young;Jung, Min-Min
    • Journal of Fisheries and Marine Sciences Education
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    • v.23 no.4
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    • pp.626-641
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    • 2011
  • The aims of this study are to provide future prospects of the Korean ornamental fish industry and to seek for its development direction based on analysis of its problems and its domestic and foreign situations and circumstances. The ornamental fish market has continuously grown due to increase of domestic and international demand. In this respect, the Korean ornamental fish industry has also high potential. However, the industry still has several problems such as artisanal industrial structure, a lack of investment related with R&D, poor information on the domestic and international ornamental fish industry, underdeveloped regulations and policies, low public awareness and less effort to expand the market, and a lack of regulatory and policy support. Therefore, overcoming these problems above, the Korean government has to carry out following things : establishment of institutional and industrial foundation, intensive R&D investment, exploitation of domestic and foreign markets, and systematic information gathering for ornamental fish industry.

An Experimental Suggestion on the Transformation of Korean Energy Policies (한국 에너지 정책체계의 전환방안 연구)

  • Park, Jung-Gu
    • Journal of Energy Engineering
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    • v.19 no.1
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    • pp.1-7
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    • 2010
  • This experimental study suggests some alternatives for stable growth and environmental conservation, responding to the unstability of global energy market and the regulations to greenhouse gas reduction. It introduces the energy-chain approach optimizing the whole processes extending energy production, transfer, and exploitation. And the alternatives are covered from low-carbon & environment-friendly energy-specific innovation system, transformation of major industries to low-carbon & environment-friendly industries, upgrading of energy efficiency, procurement of energy sources to policy cluster.

The forestry-related legal system and permission procedure of forestation business in Indonesia (인도네시아의 산림 관련 법체계 및 조림사업 허가 절차)

  • Yeom, In-Hwan;Kweon, Hyeong-Keun;Lee, Joon-Woo;Kim, Se-Bin;Park, Gwan-Soo;Han, Man-Seong
    • Korean Journal of Agricultural Science
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    • v.38 no.3
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    • pp.421-428
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    • 2011
  • Of the countries where Korea has advanced for overseas afforestation investments, Indonesia might be the most important country. As the end of 2010, nine Korean companies have been implementing afforestation projects in Indonesia, covering a total area of one hundred and fifty thousand hectares roughly. Following the Memorandum Of Understanding (MOU) on afforestation investment covering five hundred thousand hectares (A/R CDM / industrial afforestation) signed between Korea and Indonesia, the two countries concluded in 2009 an additional MOU covering two hundred thousand hectares for biomass afforestation, thus securing a total afforestation area of seven hundred thousand hectares. Further it was guaranteed that afforestation license would have validity for maximum 95 years, which laid the foundation for long-term stable investments for afforestation projects. Forest law of Indonesia consists of Presidential decree and Governmental decree as superior regulations and Minister's decree as subordinate regulations, being made up of total 17 chapters. Forestry Minister's decree was amended at end of last year, as regards license for exploitation of timber and forestry products in afforestation area. In the past, such license to develop and use timber and forestry products had been granted under Forestry Minister's decree No. P 11 / Menhut-II / 2008. After the amendment in 2010, however, the ground was shifted to Forestry Minister's decree No. P 50 / Menhut-II / 2010, trimming the procedure to obtain afforestation license into a little simplified one.

Simulation-based Yield-per-recruit Analysis of Pacific cod Gadus macrocephalus in Southeastern Korean Coastal Waters (모의실험을 통한 동남해안 대구(Gadus macrocephalus)의 가입당 생산 분석)

  • Cha, Hyung Kee;Jung, Sukgeun
    • Korean Journal of Fisheries and Aquatic Sciences
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    • v.45 no.5
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    • pp.493-498
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    • 2012
  • We derived biological reference points for Pacific cod Gadus macrocephalus in southeastern Korean waters by applying a yield-per-recruit analysis based on a daily simulation that adopted size-dependent fecundity, growth, and natural mortality functions. This showed that the yield per recruit of Pacific cod can be maximized at an instantaneous rate of fishing mortality (F)=0.37 $yr^{-1}$ under the current regulations, where the minimum catch size ($L_c$)=30 cm in total length (TL). The maximum economic yield was estimated to be attained at $L_c$=35-45 cm TL, if F>1 $yr^{-1}$ but at $L_c$=35-40 cm TL, if F<1 $yr^{-1}$. Despite great uncertainty in the stock assessment, to develop fisheries management plans for the sustainable exploitation of Pacific cod in southeastern Korean waters, it is necessary to estimate F using capture-recapture or other expedient methods.

Foreign Entry Strategies for Korean Fishery Firms (한국수산업의 해외진출전략에 관한 연구)

  • 김회천
    • The Journal of Fisheries Business Administration
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    • v.15 no.1
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    • pp.131-153
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    • 1984
  • Fishery resources are still abundant compared with other resources and the possibility of exploitation is probably great. The Korean fishery industry has grown remarkably since 1957, and Korea is ranked as one of the major fishery countries. Its of fishery products reached the 9th in the world and the value of exports was 5th in 1982. But recently a growth rate has slowed down, due to the enlargement of territorial seas by the declaration of the 200 mile, Exclusive Economic Zone, the tendency to develop fishery resources strate-gically in international bargaining, the change in function of the international organizations, the expansion of regulated waters, the illegal arrest of our fishing boats, the rapid rise in oil prices, and the fall in fish prices, the development of fishery resources as a symbol of nationalism, the fishing boats decreptitude, the rise of crew wages, regulations on fishing methods, fish species, fishing season, size of fish, and mesh size, fishing quotas and the demand of excessive fishing royalties. Besides the the obligation of coastal countries, employing crews of their host countries is also an example of the change in the international environment which causes the aggravation of foreign profit of fishing firms. To ameliorate the situation, our Korean fishery firms must prepare efficient plans and study systematically to internationalize themselves because such existing methods as conventional fishing entry and licence fishing entry are likely to be unable to cope with international environmental change. Thus, after the systematic analysis of the problem, some new combined alternatives might be proposed. These are some of the new schemes to support this plan showing the orientation of our national policy: 1. Most of the coastal states, to cope with rapid international environmental change and to survive in the new era of ocean order, have rationalized their higher governmental structure concerning the fishery industries. And the coastal countries which are the objectives of our expecting entry, demand excessive economic and technical aid, limit the number of fishing boats’entry and the use of our foreign fishing bases, and regulate the membership of the international fishery commissions. Especially, most of the coastal or island countries are recently independent states, which are poorer in national budget, depend largely on fishing royalties and licence entry fees as their main resources of national finance. 2. Alternatives to our entry to deep sea fishing, as internationalization strategies, are by direct foreign investment method. About 30 firms have already invested approximately US $ 8 million in 9 coastal countries. Areas of investment comprise the southern part of the Atlantic Ocean, the Moroccan sea and five other sea areas. Trawling, tuna purse seining and five other fields are covered by the investment. Joint-venture is the most prominent method of this direct investment. If we consider the number of entry firms, the host countries, the number of seas available and the size of investment, this method of cooperation is perhaps insufficient so far. Our fishery firms suffer from a weakness in international competitive ability, an insufficiency of information, of short funds, incompetency in the market, the unfriendliness of host coastal countries, the incapability of partners in joint-ventures and the political instability of the host countries. To enlarge our foreign fishing grounds, we are to actively adopt the direct investment entry method and to diversity our collaboraboration with partner countries. Consequently, besides proper fishing, we might utilize forward integration strategies, including the processing fied. a. The enterprise emigration method is likely to be successful in Argentina. It includes the development of Argentinian fishing grounds which are still not exploited in spite of abundant resources. Besides, Arentina could also be developed as a base for the exploitation of the krill resources and for further entries into collaboration with other Latin American countries. b. The co-business contract fishing method works in American territorial seas where American fishermen sell their fishery products to our factory ships at sea. This method contributes greatly to obtaining more fishing quotas and in innovation bottom fishing operation. Therefore we may apply this method to other countres to diffuse our foreign fishing entry. c. The new fishing ground development method was begun in 1957 by tuna long-line experimental fishing in the Indian Ocean. It has five fields, trawling, skipjack pole fishing and shrimp trawling, and so on. Recently, Korean fisheries were successful in the development of the Antarctic Ocean krill and tuna purse seining. 3. The acceleration of the internationalization of deep sea fishing; a. Intense information exchange activities and commission participation are likely to be continues as our contributions to the international fishery organizations. We should try to enter international fishery commissions in which we are not so far participating. And we have to reform adequately to meet the changes of the function of the international commissions. With our partner countries, we ought to conclude bilateral fishery agreements, thus enlarging our collaboration. b. Our government should offer economic and technical aids to host countries to facilitate our firms’fishery entry and activities. c. To accelerate technical innovation, our fishery firms must invest greater amount in technical innovation, at the same time be more discriminatory in importing exogeneous fishery technologies. As for fishing methods; expanded use of multi-purpose fishing boats and introduction of automation should be encuraged to prevent seasonal fluctuations in fishery outputs. d. The government should increases financial and tax aid to Korean firms in order to elevate already weak financial structure of Korean fishery firms. e. Finally, the government ought to revise foreign exchange regulations being applied to deep sea fishery firms. Furthermore, dutes levied on foreign purchaed equipments and supplies used by our deep sea fishing boats thould be reduced or exempted. when the fish caught by Korean partner of joint-venture firms is sold at the home port, pusan, import duty should be exempted.

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A Study on the Response to Acts of Unlawful Interference by Insider Threat in Aviation Security (항공보안 내부자 위협에 의한 불법방해행위의 대응을 위한 연구)

  • Sang-hoon Lim;Baek-yong Heo;Ho-won Hwang
    • Journal of Advanced Navigation Technology
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    • v.27 no.1
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    • pp.16-22
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    • 2023
  • Terrorists have been attacking in the vulnerable points of aviation sector with the diverse methods of attacks. Recently, Vulnerability is increasing because the Modus Operandi of Terrorism is carried out by exploitation of people in the form of employee working in aviation sector whose role provides them with privileged access to secured locations, secured items or security sensitive information. Furthermore, cases of insider threat are rising across the world with the phenomenon of personal radicalization through internet and social network service. The government of ROK must respond to insider threat could exploit to acts of unlawful interference and the security regulations should be established to prevent from insider threat in advance refer to the acts of unlawful interference carried out in foreign countries and the recommendations by USA, UK and ICAO.

Regulatory Reform Proposals for the Korean Deep Sea Fishing Industry (원양어업(遠洋漁業)에 대한 정부규제(政府規制)의 개선방안(改善方案))

  • Kim, Jong-seok
    • KDI Journal of Economic Policy
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    • v.12 no.1
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    • pp.93-110
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    • 1990
  • The basic purpose behind the Korean government's policy toward the Korean deep sea fishing industry is to limit growth of the industry. Therefore, the regulations on the industry are generally restrictive and interventionist. The policy is intended to maintain high domestic fish prices in order to protect the domestic coastal fishing industry. Some regulations have also been introduced to maintain "industrial order." Each fishing vessel must obtain a government permit for operation. The permit specifies the kind of fish it can catch, the area of sea in which it can operate, and the port at which it can unload its catches. The number of permits government issues each year is based on the estimates of the demand increase calculated by government officials, and the government traditionally has been fairly conservative in its estimation, reflecting its concern for fish price stabilization, which actually implies a gradual increase of the prices. There is also a restriction on importing vessels from abroad. This regulation is intended to protect the domestic shipbuilding industry. However, this regulation has resulted in an unusually high average age of Korean fishing vessels, causing fishing costs to rise. These regulations and the inflexible response of the regulators to changing circumstances have resulted in many problems: i) high domestic fish prices, which are, to some extent deliberately, inflated to three or four times the level of international prices, resulting in huge consumer welfare losses; ii) over-exploitation of coastal fish resources; iii) provision of a hospitable environment for inefficient firms to survive, which is especially evident from the fact that, despite the high fish prices in Korea, most of the firms in the industry do not enjoy high profitability. It also must be pointed out that the actual beneficiaries of the high fish prices are the large operators, who are protected from competition and provide most of the fish for domestic consumption, rather than the low-income fishing households and small coastal operators whom the policy was originally designed to help. This study proposes a set of regulatory reforms and policy changes which could Promote competition and equity within the industry and allow firms to reduce costs and increase productivity. Such changes can make the industry more efficient and internationally competitive. Major proposals are, among others: minimization of bureaucratic discretion in issuing fishing permits and maintaining transparency in the governments' decision-making processes; reduction of the government permit specifications and simplification of the operational categories within the industry; and removal of the restrictions on importing foreign fishing vessels.

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