• Ocean and Polar Research
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• v.28 no.3
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• pp.273-285
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• 2006

As the political arguments on international power concept has gradually been deepened, the role of international regimes, defined as principles, norms, rules, and decision-making procedures around which nation-actors' expectations converge in a given issue-area, has also been reinforced. There are many ways of understanding about international regimes. In terms of realistic theories, international regimes are one of methods of maintaining hegemonic power order of hegemonic nation and in terms of liberalistic theories, international regimes are understood as the products of mutual inter-dependence of nations in changing international society. As a matter of fact, if we take structural causes and regime consequences into severe consideration, we can find not a few characteristics of international regimes, such as security regime, world trade and fiance regime, ocean regime, environmental regime, human right regime, etc. This paper will examine the changing concept of power after World War II in three categories of hard power (military power), meta power (regime creating power), and soft power (advanced in cultural, diplomatical, and technological power). This paper will provide the evidence of why the changing power concepts will be strongly related with the emergence of international regimes. The UN convention on the law of the sea will chosen as a standard case of the ocean regime and it's regime structure and role will also be analysed in both realistic :md liberalistic theories. Futhermore, the nations' interests involved in the UN convention on the law of the sea will be analytically classified and finally a future prospectus of the UN convention on the law of the sea as an ocean regime will be tested.

• Ocean and Polar Research
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• v.36 no.4
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• pp.353-365
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• 2014

Artificial islands, installations and structures have been used as a major means for ocean development and management since the early 20th century. The International legal regime to regulate the man-made offshore structures also have evolved and the UN Convention on the Law of the Sea (UNCLOS) acts as a basic international instrument for that purpose. Although the Convention includes more detailed provisions on man-made offshore structures, there are some legal issues regarding jurisdiction of coastal State on the man-made offshore structures in the Exclusive Economic Zone (EEZ) or on the Continental shelf. For this reason, this article begins by reviewing the 1958 Convention on the Continental shelf and the UNCLOS by focusing on the EEZ and the Continental shelf regime governing the man-made offshore structures. It next examines some controversial international legal issues that have emerged from the regulation of man-made offshore structures in the EEZ or on the Continental shelf. This is followed by a review of the Korean domestic laws regulating artificial islands, installations and structures in the EEZ or on the continental shelf. Finally, it closes by summarizing the findings of the above examinations, and suggests some recommendations for future works.

• Proceedings of KOSOMES biannual meeting
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• 2017.04a
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• pp.141-141
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• 2017

• Proceedings of KOSOMES biannual meeting
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• 2008.05a
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• pp.197-204
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• 2008

The right of hot pursuit is an exception to the general rule that a ship on the high seas is subject to the jurisdiction of the state whose flag she flies. The right of hot pursuit is provided in the United Nations Convention on the Law of the Sea. This paper discusses the requirements of the right of hot pursuit. The use of force should be avoided during hot pursuit. When force is unavoidable, that is not go beyond what is reasonable and necessary in the circumstances.

• Journal of the Korean Society of Marine Environment & Safety
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• v.29 no.2
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• pp.147-159
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• 2023

Sea level rise due to climate change is an increasing concern for the international community, and especially for coastal States. In case of regression of the coastal line or inundations of maritime features, including islands, the questions of whether coastal States are under an obligation to redraw their baseline and the outer limits of their maritime jurisdiction and of whether the existing maritime boundary treaties should be terminated are raised. This article reviews the arguments raised by the Small Island Developing States, International Law Association, and International Law Commission and suggests a solution within the current legal framework of the Law of the Sea through an interpretation of the existing provisions of the UNCLOS focusing on the legal issues relating to the Law of the Sea.

• Journal of Navigation and Port Research
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• v.29 no.1 s.97
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• pp.43-58
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• 2005

Piracy is the enemy of the human race. Pirates commit acts of murder, robbery, plunder or other villainous deeds at sea, cruelly against humanity. The Republic of Korea(ROK), as a big maritime country, is obliged to suppress piracy under international treaties it ratified, including the UN Convention on the Law of the Sea and the two 1988 Conventions against maritime terrorism The Korean government is recently taking a positive attitude towards the regional cooperation which is necessary for the suppression of piracy in the waters of Southeast Asia In spite of the effects of international cooperation to prevent piracy, it is recently on an increasing trend every year. Such circumstances may have a bad effect on the sound development of world economy by means of trade at sea as well as treat to the safety of crews and safe operation of ships. This paper aims to suggest the countermeasures against piracy in terms of criminal law, civil law and international law in order to secure safe operation of vessels at sea.

• Journal of the Korean Institute of Navigation
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• v.17 no.4
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• pp.1-21
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• 1993

The purpose of this paper is to search for reasonable and fair principles applicable to the delimitation of the Exclusive Economic Zone(which is called the EEZ, hereinafter) around the Korean Peninsula th-rought the comprehensive study of maritime boundary, which is one of the most important issues in the law of the Sea. So far, the sea has been exploited for activities such as fishery, transport and military stratedy, and en-vironmental policy and so on. From this time on, however, it becomes important to us as the major trea-sure-house of various resources which will be developed and used for diversified purposes. For these rea-sons, nowadays, more and more countries of the world are competing to secure waters as much as possible within their jurisdiction. And the regime of the EEZ was created as a result of this international trend. At last, it has been institutionalized as the 200-mile EEZ of a legal notion in the Convention on the Law of the Sea, which was adopted at the Third United Nations Conference on the Law of the Sea, in Jamaica on December 10, 1982. In adapting to this EEZ institution, Korea is faced with several complicated problems as it is bounded on three sides by the sea and all of its neighboring countries such as the PRC, the DPRK, Japan, Russia etc are less than 400 miles away between opposite countries. Therefore, when trying to delimit the boun-dary for the EEZ, it appears necessary to analyze applicable principles and rules of international law for delimitation mainly through the Convention on the Law of the Sea, and studies the trends of actual State practices and recent international precedents. It is hoped that such knowledge will enable Korea to secure sufficient resources and other sovereign rights without conflicting with the neighboring countries concer-ned. For the achievement of the above mentioned object. I analyzed the necessities of the establishment of the EEZ in Korea, the difficulties and practices of Korea's neighbors, and the changes and forthcoming trends in Korea's relations with its neighbors concerned on the basis of the general explanation of the EEZ regime. In conclusion, it is my opinion that for the establishment of the EEZ delimitation which neighbors around the Korean Peninsula should be applied reasonable and equitable principles considering the rele-vant circumstances which characterize the area definitely as well as the UN Convention on the Law of the Sea, 1982.

• The Journal of Fisheries Business Administration
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• v.48 no.3
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• pp.15-32
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• 2017

This article's aim is to review the jurisprudence which has emerged pursuant to the international dispute settlement provisions and to provide a provisional expectation as to the future of international dispute settlement under "UNCLOS". Globally, marine fisheries play an important role in ocean biodiversity and the food security of millions of people, providing a vital source of high-quality dietary protein and supporting individuals' livelihoods and income. In the 1982 Convention, the establishment of co-operative mechanisms for effective monitoring, control, surveillance and enforcement, decision-making procedures facilitating the adoption of such measures of conservation and management, and the promotion of the peaceful settlement of disputes are called for. In this study, 'Northeast Asian Sea' means that the Yellow/East China Sea, the East Sea, the Ohotsk Sea, the Kamchaka Sea, the Alaska Sea, and the Bering Sea surrounded by Korea, China, Japan, Russia, U.S.A. and Canada including their EEZs. There are several bilateral fisheries agreements existing in Northeast Asian area, the Fisheries Agreement between Republic Korea and Japan, between Republic of Korea and China, between China and Japan, between Republic Korea and U.S.A., between Republic Korea and Russia, between Russia and Japan, And there are several regional fisheries organizations existing in Northeast Asian area, for example NPAFC(Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean), CBSPC (Convention on the Central Bering Sea Pollack Conservation), PICES(North Pacific Marine Science Organization), NPFC(North Pacific Fishery Commi-ssion) etc. It analyzed the proliferation of bilateral treaties and multilateral treaties due to the adoption of the EEZ in Northeast Asia reviewed the strengthening of management rights on the high seas marine living resources and marine environment preservation of regional fisheries organizations. In view of the changes in the international fisheries mechanism this paper suggested the future direction of the country in overseas fisheries. We concluded as follows. We shall apply bilateral treaties first, regional fisheries organizations' treaties secondly, and provisions under "UNCLOS" for dispute settlement last.

• 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.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2013.10a
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• pp.196-198
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• 2013

Navigation of ships is mainly being performed through high sea, but inbound/outbound vessels to a port are characteristic of going via territorial sea of coastal countries. At territorial sea, all ships are under the influence of korea' sovereignty and enjoy innocent passage on the basis of UN Convention on the Law at the Sea(UNCLOS). But in the practical points of view, we want to examine legally on these issues, because we have no clear criteria for reasons about anchor except anchorage and innocent passage at territorial sea prescribed at national laws, moreover it can be used maliciouly.