• Title/Summary/Keyword: Right of Self-Defense

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Historical and International Legal Study on Security Characteristics of the Peace Line (평화선의 안보적 성격에 관한 역사적·국제법적 고찰)

  • Yang, Jae Young
    • Strategy21
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    • s.44
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    • pp.291-322
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    • 2018
  • This research aims to cast light upon security characteristics of the Peace Line, which have been underestimated. To understand maritime order and maritime security policy of the Republic of Korea between 1950 and 1970, it is necessary to analyze the Peace Line as line of defence and to investigate its character This research begins with analyzation of historical facts and investigation on security characteristics of the Peace Line. It goes further to examination of legal justification of the Peace Line, which was one of international legal issues of the period, principally regarding its security characteristics. As results of the study, it could be said that the security characteristics of the Peace Line was the line of defensive waters, which set its goal mainly to prevent infiltration of communist spies. The Peace Line had practical effect as it functioned as a base line of the ROK Navy to take anti-spy operation. At the early phase of the Korea-Japan Negotiation, the Korea delegation interpreted significance of the Peace Line passively. After abrogation of Clark Line, the delegation, however, became positive to maintain the Peace Line and its security characteristics. Security characteristics of the Peace Line was recognized again, as it became the base line of special maritime zone which was made in 1972. Through analysis on international law, it is concluded that the Peace Line was fair as a part of the right of self-defense against indirect aggression. North Korea attempted indirect aggression mainly from sea way, and these might undermine peace and cause urgent and unjust damage on the ROK. Thus the ROK's action of anti-spy operation through the Peace Line can be justifiable as considering the right of self-defence. Also the Peace Line accorded with principles of necessity, immediacy and proportionality. As it was argued on the above, the Peace Line as line of defence was one of the most significant factor in the ROK's maritime security history from the Hot war against communist forces to Cold war period after Korean War and must not be underestimated.

The analysis on Japan's New Maritime Strategy and the Development of its Naval Forces - focusing on Japan's countermeasure to China's pursuing of maritime hegemony - (일본의 신(新) 해양전략과 해상전력 발전 동향 분석 - 중국의 해양패권 추구에 대한 대응을 중심으로 -)

  • Bae, Joon-Hyung
    • Strategy21
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    • s.40
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    • pp.5-36
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    • 2016
  • Recently, the Japanese government revised the three guidelines of its security policy, the National Security Strategy(NSS), the National Defense Program Outline and Midterm Defense Buildup Plan, exceptionally at one time. This means Japan has been seeking the new strategy and strengthening military power considering changing regional security environment. Moreover, Japan revised the security laws for the right to collective self-defense, which authorized the use of force even when Japan is not under attack. Also, Japan renewed the Guidelines for Japan-U.S. Defense Cooperation in twenty years, and has expanded JSDF's scope of activity to a worldwide level. These changes imply Japan would constantly seek to build military forces focusing on naval forces. Because Japan's naval forces, the JMSDF is the means that allow Japan to use its force at anywhere overseas and expand its roles and missions in international society by the basis of the right to collective self-defense. This research will analyze Japan's new maritime strategy and trend of force development and eventually look for the implication on our maritime security These days, Japan has perceived Chinese rapid increase of naval power and pursuing of maritime hegemony as a grave threat. In response to this, Japan is designing new maritime strategy, which are "remote islands defense and recapture" and proactively develop a new type of naval forces to accomplish this new strategy. The Japan's "remote island defense and recapture strategy" is to harden its defensive posture in Nansei islands which correspond to China's 1st island chain for chinese A2/AD strategy and directly encounter with China and to protect its own dominium and maritime interest while supporting US national strategy in East Asia. Japan continues to build compact, multi-functional ship to accomplish "remote island defense and recapture strategy" and keep strengthening its maritime power projection capability to include build of new amphibious ship, and large, multi-functional ship which can provide effective C2. These changes imply that Japan is shifting its strategy from passive and defensive to proactive and aggressive way and continues to pursue naval buildup.The implication of Japan's new maritime strategy and naval buildup needs to be observed carefully and we need to keep developing naval power required to protect our maritime sovereignty and interest.

Competitive Efforts Regarding the South Pacific Islands by South Korea, Japan and China (동아시아 국가들의 태평양 쟁탈전 : 한국, 일본, 중국의 남태평양 도서국가 외교)

  • Park, Young-June
    • Ocean and Polar Research
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    • v.35 no.4
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    • pp.373-381
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    • 2013
  • The Pacific Island Forum that consists of 14 island countries in the South Pacific has long been the focus of keen attention from East Asian countries such as South Korea, Japan and China. The South Pacific area was controlled by Japan right after the First World War. The League of Nations bestowed the right of trusteeship over the region to Japan, one of the victors in the war. However, the U.S. considered the area indispensible for its security interests in the Pacific after victory in the Second World War. With the end of Cold War period, the region again began to gain the competitive attention of Japan, China and Korea. Japan has made efforts to give economic assistance to this region by holding the Japan-Pacific Islands summit every three years. In addition, Japan is promoting a security engagement with this region by dispatching Self Defense Forces with the aim of initiating construction and development projects. In response to Japan's active involvement in the region, China also began to convene a summit meeting with these countries in 2006, making pledges of economic assistance. Furthermore, Chinese civilian companies struck deals of investment with municipal institutions in the region with a view to enhancing China's influence in the region. Japan's and China's active engagement in the region has galvanized South Korea to craft a more effective strategic approach to the region.

A study on measure of North Korea's nuclear terror threat; Focusing on the guarantee of 'anticipatory self-defense' (북한 핵테러 위협 대비방안 연구; '선제적 자위권' 보장을 중심으로)

  • Kim, Yeon Jun
    • Convergence Security Journal
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    • v.16 no.3_2
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    • pp.13-23
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    • 2016
  • North Korea had recently conducted the fourth nuclear test and ICBM tests, dared nuclear provocation targeting the Korea and the international community. It is determined based on experiments of nuclear and missile in progress in North Korea that the technical level of nuclear force reached the completion stage of standardization, lightweight, and variation. It is expected to become reality that North Korea executes the nuclear provocation targeting the Korea and the international community in the near future. Nuclear bomb is an absolute weapon that the logic of counterattack after allowing the first strike of the other party cannot be applied due to its tremendous destructive power. Therefore, as the opponent to North Korea that it decided to hold the nuclear, the exercise of anticipatory self-defense in order to guarantee a minimum of right to life is not a choice, but the only essential correspondence concept. At the moment that the North Korean nuclear provocation is expected in the near future, it shall be provided with competence to strike the origin region of provocation by forming a national consensus of preemptive strike enforcement. Also, in preparation for the fifth nuclear test of North Korea, which is anticipated, the national competence must be mobilize to be able to ensure the 'Nuclear Option' from the international community.

A Study on the Cyber Weapons Classification System (사이버무기 분류체계에 관한 시론)

  • Lee, Yongseok;Kwon, Hunyeong;Choi, Jeongmin;Lim, Jongin
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.28 no.4
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    • pp.905-917
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    • 2018
  • The sovereign state has the right to engage in self-defense or war with the approval of the Security Council when it receives an invasion of territory from a foreign country. War is conducted under the principle of the necessity and proportionality of self-defense. In case of cyber attack, proportional countermeasure must be made through attack means and effect analysis, and cyber weapons need to be classified for this purpose. Therefore, this study aims to provide a rational and legitimate response according to the necessity and proportionality of the self - defense right by suggesting definition and classification criteria of cyber weapons. In this study, cyber weapons were defined as "means of collecting, attacking, and protecting information using cyber technology in the cyber space according to military objectives. Based on existing weapon systems and public cyber weapons cases, cyber weapons were classified as (1) cyber weapons for information gathering, (2) cyber weapons for attack, and (3) cyber weapons for protection. We suggest the considerations for applying the proportional response according to this functional classification. In order to guarantee the principle of proportionality to cyber attacks in the future, the classification study based on the cyber weapon effect should be conducted. This study has conducted an exploratory study on the classification of cyber clusters which constitutes one axis of the proportionality principle.

A Super-Wideband Dipole Antenna With a Self-Complementary Structure (자기상보 구조를 갖는 초광대역 다이폴 안테나)

  • Park, Won Bin;Kwon, Oh Heon;Lee, Sungwoo;Lee, Jong Min;Park, Young Mi;Hwang, Keum Cheol
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.41 no.11
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    • pp.1414-1416
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    • 2016
  • In this paper, a SWB (Super-WideBand) dipole antenna with self-complementary structure is proposed for signal intelligence. The proposed antenna consists of a self-complementary dipole antenna and a tapered balun for balanced feeding. The measured -10 dB reflection bandwidth of the proposed antenna is more than 28:1 (0.73-20 GHz) and 3 dB axial ratio bandwidth is 3.25:1 (1.91-6.22 GHz) with RHCP (Right Hand Circular Polarization) at +z direction. The measured radiation patterns are omni-directional in lower frequency band and bi-directional in higher frequency band. The measured peak gain within -10 dB reflection bandwidth varies from 2.83 dBi to 7.66 dBi.

The Impact of Japan's Pursuit of Constitutional Amendment on Marine Security and Countermeasures (일본의 개헌(改憲) 추진이 우리 해양안보에 미치는 영향과 대응방안)

  • Heo, Song
    • Strategy21
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    • s.44
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    • pp.54-78
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    • 2018
  • The core of the current constitutional amendment pursued by the Abe administration depends on the status of the Japanese Self-Defense Forces, which include the right to engage in war, in the legal and regular military positions. This is an important turning point for the Abe administration, which aims to become a normal country for Japan, and it is a series of steps that followed in the revision of the U.S. and Japan guidelines in 2015 and the overhaul of the security law in 2016. In this paper, we propose building "A navy Attractive to Alliances" as a way to secure Korea's maritime security under the current security environment. The term "attraction" refers to the alliance "first priority" especially in the United States. The way to do this is to transform the paradigm of the ROK-U.S. alliance into a naval hub in the vast seas, which will allow us to strengthen our national defense and even deter threats from neighboring countries. To this end, our navy needs to have a more active approach to U.S. East Asian strategy. If we can convince the United States to be a nation that contributes more to its East Asian strategy, it will only lead to a strengthening of the status of its alliance and expansion of its unilateral support and military capability against Japan, thus minimizing Japan's influence.

A Study on Development of Exercise Simulation System out of regard for Korea's Armed Forces (한국군 주도의 연습모의체계 발전 연구)

  • Park, Chong-Jae;Lee, Jong-Ho
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.11 no.9
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    • pp.3271-3276
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    • 2010
  • Preparing to reclaim the wartime operational control of South Korea's armed forces, Korea Military have to embattle the right capability in relation to conduct of the war. Although Korea Military are operating Joint Exercise Simulation Training System, they are having a lot of difficulties because of interoperability according to a joint exercise with USA military and pursue an independent korea military models. Therefore this study analyzes technical problems and proposes some measures to establish Exercise Simulation System out of regard for South Korea's self defense.

The Legal Status of Military Aircraft in the High Seas

  • Kim, Han Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.201-224
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    • 2017
  • The main subject of this article focused on the legal status of the military aircraft in the high seas. For this the legal status of the military aircraft, the freedom of overflight, the right of hot pursuit, the right of visit and Air Defense Identification Zone (ADIZ) were dealt. The 1944 Chicago Convention neither explicitly nor implicitly negated the customary norms affecting the legal status of military aircraft as initially codified within the 1919 Paris Convention. So the status of military aircraft was not redefined with the Chicago Convention and remains, as stated in the 1919 Paris Convention, as a norm of customary international law. The analyses on the legal status of the military aircraft in the high seas are found as follows; According to the Article 95 of the 1982 United Nations Convention on the Law of the Sea (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 aircraft in the high seas have also complete immunity from the jurisdiction of any State other than the flag State. According to the Article 111 (5) of the 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 by military aircraft. According to the Article 110 of the 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 unauthorized 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. As for Air Defence Identification Zone (ADIZ) it is established and declared unilaterally by the air force of a state for the national security. However, there are no articles dealing with it in the 1944 Chicago Convention and there are no international standards to recognize or prohibit the establishment of ADIZs. ADIZ is not interpreted as the expansion of territorial airspace.

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A Study on the Authority of Private Security Personnel (민간경비원의 권한에 대한 연구)

  • Choi, Sun-Woo
    • Korean Security Journal
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    • no.21
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    • pp.177-199
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    • 2009
  • In this study, I would try to observe the scopes and related matters of the authority of private security personnel based on the basic discussion about the identity of private security. Everybody knows, the problems of private personnel have been mainly discussed in the relations of the public police. Because the roles of private personnel are similar to the police, and in the perspective of the law, private security are regulated by the police. When we compared with the police, the scopes of authorities of private personnel are considered in several points. First, most private personnel are just only 'citizen', so they can exercise the authority as citizen. It can include self-defense, self-help. flagrante delicto arrest. But when discuss the authority in the scopes of a possessionary right or managemental right, the authority of private personnel can be extended somewhat. Moreover, when private personnel are delegated by the special laws, their authority are extended much more. Finally, when the whole authority are delegated by such as the privatization, private personnel authority can be nearly same to the police. But, it can be considered that the degrees of the delegated authority are flexible. And the exercise of the authority must be performed in the limit that not infringe the individual freedom and rights. It seems to me that the degrees of fairness in use of authorities and it's a permitted limit are set forth a premise not only the legitimate base but also judicial judgement. Therefore, the attitudes of the courts related the exercise of authority are very important. And the growth of private security and the extension of authority followed are inevitably accompany the various problems of responsibility, so it must be considered about that in many perspectives.

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