• 한국항해학회지
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• 제17권4호
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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.

• 해양안보
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• 제2권1호
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• pp.125-149
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• 2021

후쿠시마 원전 사고가 일어난 지 10년이 지난 지금까지도 일본은 매일 생성되는 원전 오염수 문제를 해결하지 못하고 있다. 그들은 오염수 저장탱크가 한계에 다다를 것으로 예상되자, 안전성에 관한 한국의 우려에도 일방적으로 원전 오염수를 해양에 방출하기로 했다. 문제는 한국의 대응에도 불구하고, 여전히 일본이 『유엔해양법협약』상 의무를 성실히 이행하지 않은 채 해양 방출을 준비하고 있다는 데 있다. 원전 오염수의 방사성물질로 인한 해양오염은 물론, 한국의 해양주권 침탈까지도 우려되는 상황이다. 특히 한번 환경이 오염되기 시작하면 본래의 상태로 되돌리기 어렵기에, 당장 안전성이 보장되지 않는 한 원전 오염수의 해양 방출은 반드시 막아야 한다. 본 논문은 일본과 한국이 원전 오염수 해양 방출 사안으로 빚은 갈등을 해결하기 위한 한국의 대응 전략을 제안한다. 한국은 일본과의 협력, 잠정조치, 주변국과의 공조를 통해 다양한 측면에서 일본의 원전 오염수 해양 방출에 대응해야 할 것이다.

• 수산해양교육연구
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• 제10권2호
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• pp.239-261
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• 1998

This thesis is concerned with international fisheries cooperation among Korea, China and Japan in the Yellow sea and the East China sea. For this purpose, considerated international fisheries problems relation with these countries refer to literature. Specially adjusted the focus founding of necessity and methods about international fisheries cooperation among these countries. The conclusion is as followed; At first, these countries necessity required international fisheries cooperation because of following reasons. 1. These countries have legal duties for conservation and utilization of marine living resources according to united nations convention law of the sea. 2. These countries that jointly owned semi-closed sea have legal duties for cooperation in respect of fisheries and environment problems. 3. These countries belongs to a same ecosystem and shared with staddling stocks in the Yellow sea and the East china sea. The Second, these countries certainly required international fisheries cooperation following methods. 1. These countries must establish marine area for joint control of marine living resources. 2. These countries must establish tentatively named "International fisheries cooperation body" for deal with comprehensive problems about fisheries.

• Strategy21
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• 통권33호
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• pp.148-177
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• 2014

The regional security and stability in Northeast Asia has become more complicated because of a sudden establishment of China's Air Defense Identification Zone (ADIZ) on 23 November 2013. One dimensional conflicts on the territorial sovereignty over the islands between the regional States has developed into the two dimensional conflicts like maritime delimitations among the States concerned since they have all ratified the 1982 United Nations Convention on the Law of the Sea which adopts the 200 nautical mile Exclusive Economic Zone regime. Moreover, due to the notion of the outer limit of the continental shelf, the conflicts have developed into three dimensional ones in order to acquire more natural resources even in the seabed. To make matters worse, such three dimensional conflicts have expanded to the airspace as well. The paper will analyze what implications the sudden declaration of China's ADIZ have for the regional security in Northeast Asia from the perspectives of public international law. To this end, the paper 1) starts with the debates on the legal nature of the ADIZ, 2) identifies the Chinese government's political motives for the establishment of the ADIZ over the East China Sea, 3) assesses the responses of the regional States and the USA to the China's establishment of the ADIZ, and then 4) discuss what implications the overlapped ADIZ of the three key States in the region have for the regional security and stability.

• 해양환경안전학회지
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• 제6권1호
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• pp.99-109
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• 2000

The United Nations Convention on the Law of the Sea(hereinafter referred as "the Law") adopted in 1982 was enacted on November 16, 1994. South Korea, China, and Japan signed and ratified the Law, respectively. These three countries announced their domestic laws relating to Exclusive Economic Zone(EEZ) with reserving their applications. The enactment of the Law and announcement of EEZ inevitably brought new order on the seas. The New Fishery Agreement based on the Law with EEZ was concluded between South Korea and Japan and ratified by each country′s parliament. Another New Fishery Agreement between South Korea and China is also going to be concluded in near future. The New Fishery Agreements, however, do not include regulations relating to the marine scientific research, the protection of the marine environment, and so forth, which are essential for the States to fully implement the Law According to the New Fishery Agreements, it is impossible for the Coastal States to excercise their jurisdiction. Because the agreement of delimitation ocean boundaries among the three countries are not easy to settle, provisional agreements can only be concluded. Thus, many problems including the sovereignty over Dok-do between South Korea and Japan and delimitation of EEZ between South Korea and China can be arose anytime. This paper investigates the problems and possible counter measures in legal excercise on the seas by South Korean Government. The above mentioned problems introduced by the New Fishery Agreements include potential problems in the Middle Sea Zone, Provisional Zone, and so forth. In this paper, only the legal aspect of the Zones will be discussed excluding the law enforcement and the economic aspect of the Zones.

• Ocean and Polar Research
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• 제24권4호
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• pp.501-524
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• 2002

Article 121 of the UNCLOS stipulates the regime of islands and grants different jurisdictions to islands and rocks. Especially, paragraph 3 gives different definitions and distinguishes the legal status of between islands and rocks. That is, rocks, which cannot sustain human habitation or economic life cannot have their own EEZ, continental shelf or the great-sphere maritime jurisdiction. In this paper various theories and state practicess on islands and rocks are examined with reference to Article 121 of UNCLOS. Also, the status of Dokdo as a rock or an island is examined in accordance with the interpretation of Article 121 of UNCLOS. National legislations, practices, and many scientific opinions are often contradictory and controversial with respect to the interpretation of Article 121 of the UNCLOS. However, it is believed that Article 121 of UNCLOS, particularly paragraph 3 has to be interpreted more strictly. That is because the highly developed modem scientific technology can be meaningless when the criteria of Article 121 of UNCLOS are to be inappropriately applied. Insular figures like ${\ulcorner}rocks{\lrcorner}$ could bring the inequitable effects disadvantageous toward the other party when the maritime delimitation is applied. Claiming and Intentionally extending maritime zone of a coastal states by assigning EEZ for small insular figures like ${\ulcorner}rocks{\lrcorner}$ is over-zealous nationalism which is illegal, and such practices must be recognized as actions bringing great harm to the neighboring nations and demise of the sprit of all mankind.

• Strategy21
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• 통권38호
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• pp.287-320
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• 2015

On October 27, 2015, USS Lassen(DDG82), a 9,200 ton class Aegis destroyer of the United States Navy, began its operations within 12 nautical miles of Subi Reef, one of the seven artificial islands that China has built and claimed sovereignty over. The maneuver was joined by anti-submarine patrol airplanes such as P-8A and P-3. The White House press secretary mentioned that the President of the United States approved the operation. In response, China announced that it warned the US Navy ship about the 'illegal violation' by sending two destroyers(PLAN Lanzhou and Taizhou). This event represents a close call case where tension between the United States and China in the South China Sea might have been elevated to a conflict between the two navies. Moreover, considering that this happened only one month after Chinese president Xi's state visit to the United States, the event shows that the positions of the two countries have become starkly different to the extent that they are so hard to be reconciled. The United States' position is different from those of Vietnam and the Philippines. Countries like Vietnam and the Philippines have been directly involved in disputes with regard to sovereignty claims across the waters in the South China sea. As for the United States, being a third party in the disputes, it still cannot be a by-stander watching the whole waters in the region fall under the influence of China. Accordingly, the United States maintains that all countries bear the rights of innocent passage and military operations in the Exclusive Economic Zones(EEZ) as stipulated by the United Nations Convention on the Law of the Sea(UNCLOS). In contrast, China claims that, historically, the South China sea has been part of China's territorial waters, and that foreign countries are not allowed to conduct military operations within the waters. It strongly accuses that such military operations are illegal. Against this background, this paper tracks the different positions of the United States and China on the issues regarding the South China sea. It also carefully looks at the possibility that, in the process of dealing with the issues, the two countries may get into an armed conflict as the phrase 'Thucydides Trap' predicts.

• 수산경영론집
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• 제27권2호
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• pp.65-82
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• 1996

This study aims to investigate the development of the stow-net fishery operated in East China Sea and Yellow Sea and its role in the off-shore demersal fishery In Korea after 1980's. This paper also reorganization problems of this fishery under 200 mile exclusive economic zen system. Stow-net fishery which has an important role in offshore demersal fishery in terms of the fish production and supplies had attained an rapid growth since 1960's throughout advancement of the fishing technique, government support and enlargement of fish market. However, the production had come to a stagnant stage since 1980, and even reduced in 1990's by reason of competition from Chinese vessels which have been developing reapidly as well as other more productive demersal fishery such as trawl of Korea. Nevertheless, high fish price has maintained the business of this fishery. This fishery faces some difficulties such as limited resources, the plunge of fish price due to fish import freedom, and 200 mile EEZ settlement in those Seas among the related countries ratifying the United Nations Convention of the Law of the Sea in 1996. This paper discusses the reorganization problems of the stow-net fishery under the new situation. : (1)to lighten a damage to the fishery to keep the fishing ground and to restrict the entry of competitive fisheries, (2)to reduce the fishing effort by the governmental support, (3)to introduce new fishing methods, (4)to employ foreigner as a cheep labour, (5)to rise fish price throughout more freshness of fishes.

• Ocean and Polar Research
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• 제27권1호
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• pp.97-108
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• 2005

The International Seabed Authority (ISA) formally came into existence upon the entry into force of the UNCLOS on 16 November 1994. By adopting the Implementing Agreement in 1994, UNCLOS has the universality as a Magna Carta of International Ocean Regime, and the Deep Seabed Mining Regime could be operated as a unique one for the benefit of mankind. During last 10 years, ISA established the institutional framework successfully and made substantial and tangible progress in formulating the rules, regulations and procedures for the prospecting and exploration for polymetally nodules. Furthermore, RPI's obligations had been carried out completely, and the 7 RPI made contract with ISA to become a contractor who has an at least 15 you exclusive right for exploration in their allocated site. However, due to the uncertainty of commercial mining, the number of representatives from developing countries has been getting looser and looser and ISA has a problem of quorum of the Assembly. Land-based producers took a very strong opposite position to the contractors to make their loss in the minimum level. For the next decade, it might be prospected that ISA will focus on monitoring the contractor's activities, making rules, regulations and procedures for exploration on cobalt rich crust, sulphide and methane hydrate and implementing environment studies.

• 해양환경안전학회지
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• 제14권2호
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• pp.149-156
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• 2008

UN해양법협약에 따르면 연안국을 자국의 법령을 위반했다고 믿을 만한 충분한 이유가 있는 경우 외국선박을 공해상에까지 추적하여 나포할 수 있는 추적권을 행사할 수 있다. 추적권은 공해상의 선박에 대해서는 기국이 관할권을 갖는다는 기국주의 원칙에 대한 중요한 예외의 하나이다. 본 논문은 국제관습법에 의해 형성되었고, UN해양법협약에 의해 인정되고 있는 해상에서의 추적권 행사시 무력사용의 한계에 관하여 사이가호 및 불심선 사건을 중심으로 고찰하였다. 추적권 행사시 가능한 한 무력의 사용은 회피되어야 할 것이며, 무력의 사용을 회피할 수 없다면 그 상황에서 합리적이고 필요한 정도를 초과해서는 안 될 것이다.