• Title/Summary/Keyword: marine Policy

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A Study on the Effect of 2010 HNS Convention on Korean Industry (위험·유해물질 피해보상 국제협약의 우리 산업계에 대한 영향 고찰)

  • Kim, Ji-Hong
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.26 no.1
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    • pp.57-64
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    • 2020
  • The IOPC Fund general assembly reported that the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (known as the HNS Convention) will meet the requirement for the convention to take ef ect between 2021 and 2022. When the convention comes into effect, the liability-limit insurance of the HNS transport ship will be enforced and the shipper receiving the HNS will pay the share of the contribution from the International Fund for damages exceeding the limit of the ship's liability insurance. Korea is one of the major shipping and shipper countries in the world; thus, this study aimed to the need to analyze the effect of the convention on the related industries. The survey of ships and contribution targets analyzed the research data of the Ministry of Oceans and Fisheries. The P&I premium estimation was reviewed by the Korea Shipping Association and the K P&I as insured ships. In addition, the contribution of the HNS cargo volume was analyzed in an annual report by a representative international association for each cargo. About 1,500 ocean-going and domestic vessels have been identified as ships subject to the convention. The effect of changes in premiums under the convention was minimal for most ships. The effect of the shipping industry is expected, with about 150 domestic tankers expected to increase insurance premiums. In the case of shipper industries, 52 freight terminals were found to be eligible for the payment of the share of the international fund, as the proportion of freight volume in Korea was ranked second to fourth in the world by individual HNS accounts. This implies the obligation to pay contributions according to the convention. Considering the status of HNS transport ships entering and leaving ports and the quantity of HNS cargo, it can be concluded that the validity of Korea's convention is sufficient and that, it is necessary to coordinate with global major shipper countries.

Review on the Protected Areas Issues within Mid-Long Term National Plans for Territory and Environment of Korea; Focus on the "Biodiversity 2011-2020 Strategic Targets" and "Protected Areas Decision" (우리나라 국토 및 환경 분야 중장기 국가계획의 보호지역 관련 내용 고찰 - "생물다양성협약 2011~2020 전략목표" 및 "보호지역 결정문" 내용을 중심으로-)

  • Heo, Hag Young
    • Journal of Environmental Policy
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    • v.11 no.4
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    • pp.3-37
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    • 2012
  • In perspective of biodiversity conservation and protected areas (PAs), the aims of the study are to review the mid-long term national plans, which deal with national territory and environment in Korea, and to find out the way to improve this issue. Key issues were drawn by referring "Biodiversity 2011-2020 Strategic Targets" and "Protected Area Decision" in CBD CoP-10 and 7 National comprehensive or basic Plans were reviewed. Quoting Biodiversity 2011-2020 Strategic Target 5, "By 2020, the rate of loss of all natural habitats, including forests, is at least halved and where feasible brought close to zero, and degradation and fragmentation is significantly reduced", most of national plans included various methods such as "No Net Loss of Green", "No Net Loss of Wetlands", and so on. Regarding the target 11, "By 2020, at least 17% of terrestrial and inland water, and 10% of coastal and marine areas, ecologically representative and well connected systems of PAs and other effective area-based conservation measures, and integrated into the wider landscape and seascapes", 15% by 2015 was set up as a target of total PAs in Korea and 13% by 2015 or 2020 was set up as a target of coastal and marine PAs. CBD CoP-10 Decision X/31 (Protected Areas) invites parties to develop a national long-term action plan for the implementation of PoWPA and describes 10 issues that need greater attention. National action plan for the implementation of PoWPA doesn't be mentioned at any national plans even PoWPA. Regarding the 10 issues, most of issues were well reflected within various national plans, however there is still a need to improve the details and corelation between plans. Particularly, in terms of management effectiveness evaluation (MEE), there was no national plan to directly deal with MEE even though CBD invites parties to work towards assessing 60% of the total PAs by 2015. Based on the review results, below 4 items were suggested; (1)"The Comprehensive Plan of the National Territory" needs more attention on the Biodiversity Conservation and PAs, (2)Consider to establish "National PA System Plan" embedded into "the Comprehensive Plan of National Environment", (3)Establish a "National Action Plan for the implementation of PoWPA", (4)Improve the National Plans through linking with Biodiversity 2011-2020 Strategic Targets and relevant PA key issues.

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Emergy Evaluation Overview of the Natural Environment and Economy of the Han River basin in Korea (한강유역의 자연환경과 사회경제활동에 대한 에머지 평가 - 한강유역 및 한강하구 관리를 위한 정책제언 -)

  • Kang, Dae-Seok
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.10 no.3
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    • pp.138-147
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    • 2007
  • An emergy concept was used to evaluate the environment and economy of the Han River basin in Korea and to suggest policy perspectives far the sustainable utilization of its environment and associated estuarine ecosystem. The economy of the basin used $5.19{\times}10^{23}\;sej/yr$ of emergy in 2005. The economy of the Han River basin was heavily dependent on outside energy sources from foreign countries and other parts of Korea, with internal sources, renewable and nonrenewable, contributing only 15.6% to the total emergy use. The basin's trade balance in terms of emergy showed trade surplus, whereas there was a deficit in monetary terms. The population of the Han River basin was far greater than the carrying capacity calculated using the emergy flow, with renewable carrying capacity only at 1.8% of the basin's population and developed carrying capacity at 14.3%. The economy of the basin imposed a substantial stress on its environment, with an environmental loading ratio of 54.8. Overall, the economy of the Han River basin was not sustainable with an emergy sustainability of 0.02. These are reflected in lower quality of living expressed in the emergy term than the national average. Deconcentration of population and economic activities is needed to reduce environmental stress on the environment of the basin and its valuable estuarine ecosystem. Policies to restore ecosystem productivity of the basin are also needed to ensure the sustainability of the basin's economic activities and the sustainable utilization of the Han River estuary. In this regard, it is urgently needed for the Korean government to implement sustainable management measures for the Han River estuary, a well-preserved, productive natural estuarine ecosystem in Korea.

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Present Status and Future Prospect on Fishing Industry in North Korea (북한수산업(北韓水產業)의 현황(現況)과 전망(展望))

  • Lee, Byoung-Gee;Kim, Jin-Kun;Choe, Jong-Hwa
    • Journal of Fisheries and Marine Sciences Education
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    • v.3 no.2
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    • pp.73-82
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    • 1991
  • In recent years, the communication and the trade between the Republic of Korea(South Korea) and the Communist bloc has been activated. The simultaneous entrance of South Korea and North Korea to the United Nations will accelerate the political dialogue and also the trade which is indirectly carried out through a third country at present will be turned into direct way. Fisheries products are also treated as one of the important trade goods and there is a hopeful prospect that the amount of trade will be steeply increased in the near future. Furthermore, there is a great possibility of development up to the joint utilization of fishing grounds or the joint investment in fisheries projects. Concerning such points, since it is very much important to understand the present status of fisheries in North Korea, the author made a study on this field as requested by the Board of Unification, and report a part of the study here. The prominent character of North Korea's ruling sea area is that the sea is completely separated into two regions-the East Sea Region and the West Sea Region-and no continuity exists between them. The East Sea Region locates in the fringe of the biggest fishing ground of the world-the North Pacific Ocean-and very rich in resources not only warm water fishes but also cold water fishes. Especially alaska pollack, Theragra chalcogramma, is caught abundantly in this region. Contrary to that, fishing activity in the West Sea Region seems to be interrupted in winter. Even though some valuable warm water fishes-yellow corvenia, Pseudosciaena manchurica, and hair tail, Trichiurus lepturus, and so forth-come to this region from spring to summer along the coast line of this region for spawning, and vigorous fishing activity is carried out. But the most of them migrate southward to the neighboring waters of Cheju Island for wintering from autumn to winter, and so the fishing activity in this region seems to be interrupted greatly during winter. The total number of fishing boats in North Korea is estimated at 36 thousand and the rate of mechnization at about 70% compared with 99 thousand and 78% in South Korea. North Korea proclaimed an exclusive economic zone of 200 nautical miles in 1977. Specific character of this zone is setting of military boundary zone, up to 50 miles from the base line in the East Sea Region and also it covers whole region of the economic zone in the West Sea Region. Especially in the East Sea Region she set up a straight base line which can not be permissible by the international law. North Korea's statistics on fisheries product has not been announced officially on account of her unique isolationism, but it can be estimated through several data procured. At the first, the amount of fisheries products in the North Korea is reported as about 1.7 million ${\frac{M}{T}}$ by Fisheries Statistics which issued by the FAO in 1987, but a North Korea's trade organization announced the amount as 3.5 million ${\frac{M}{T}}$ in 1988. The former seems to be underestimated and the latter must be an exaggeration. According to Chikuni, who is a Japanese worker for FAO, prepared the unofficial statistics based on the evidence which he collected through the fineries development plan of the FAO/UNDP, and estimated the mean amount between 1982 and 1984 was 2.4 million ${\frac{M}{T}}$ or so. The Board of Unification estimated on the basis of various factors that the amount was 2.2 million ${\frac{M}{T}}$ or so in 1987 and in 1988. This seems to be the most reasonable. To solve the chronic lack of foreign currency, North Korea makes effort on the development of fisheries, and has even aimed fisheries product at 11 million ${\frac{M}{T}}$ by 1993, but this target looks unrealistic under the present circumstances. Somehow, we can exploit her extreme policy which has gone so far as to establish such an excessive and impractical target. Nevertheless this will be helpful to promote the joint development of the fishery activity between South Korea and North Korea.

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A Study on the Selection of Base Port and Establishment of International Cooperation System for Seafarer Rotation In case of Emergency - Focusing on the Service Network of HMM - (비상 시 선원교대를 위한 거점항만 선정과 국제협력 방안 - HMM 정기선을 중심으로 -)

  • Kim, Bo-ram;Lee, Hye-jin
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.27 no.2
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    • pp.275-285
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    • 2021
  • COVID-19 is threatening the safety of ships and seafarers by delaying seafarer rotation. Shipping companies and governments have a blindspot in case of the onboard environment of seafarers. An effective, alternative plan should be devised to eliminate the possibility of human accidents in an emergency that threatens the safety of seafarers. According to the survey of former and current seafarers, the most important factor in boarding life was safety, and the most necessary thing during emergencies was to secure smooth seafarer rotation rather than improve wages and welfare. By analyzing the major routes of national shipping companies by continent, ports with a large number of calls and a high Air Connectivity Index were selected as the base port. In addition, the route was designed for effective, domestic seafarer rotation during international shipping. Other countries must be consulted to establish a travel route linking ships, ports, and airports for the safe return of sailors to their home countries during an emergency. In addition, it is necessary to work together for the seafarers who are in trouble of seafarer rotation through cooperation with the International Maritime Organization(IMO). Starting with this, the government should have a monitoring system for the return and non-return routes as well as the number of seafarers on board. If such a system is established, it will be able to determine the response direction of our country's policy in case of an emergency. Along with the shipping company's ef orts to improve the treatment of seafarers, national and social attention will be needed to review domestic laws and improve awareness about seafarers.

A Study on Legal Comparison Review of the Pilot's License System of WIG Ship(surface-flying ship) and Pilot Certification System of Aircraft (수면비행선박 조종사 면허제도와 항공기 조종사 자격증명제도의 법적 비교 검토)

  • Park, Sang-Yong
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.3
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    • pp.95-126
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    • 2020
  • In 2017, the world's first WIG ship (WIG: Wing In-Ground) pilot's license written test was conducted in Korea. The WIG ship is a ship that combines the characteristics of ships and airplanes. Therefore, the pilot of the WIG ship was allowed to apply only for those who had the aircraft pilot's license and the 6th class marine nautical license. The WIG ship pilot's license system was first introduced by Korea, so there are no international standards for the license system, and the introduction of a domestic qualification system also requires institutional arrangements due to various restrictions such as pilot training. However, in order to become a valuable industry as a future growth engine for the ocean, several urgent problems need to be solved, and that is the training of manpower for WIG ships. Therefore, I reviewed the institutional issues related to pilot training as this subject. Since 2001, various countries around the world have been discussing this issue, centering on IMO, and Korea has continued to participate and cooperate in IMO meetings. And the national qualification test for surface flying ships was conducted in Korea from 2011. However, there are still problems to be solved, and I pointed out the advancement of the manpower training system, the education and training system, and the designated national educational institution system. As a solution to this, it was suggested through the improvement of the license system and the operation of designated educational institutions. Among these solutions, I believe that the best way is to entrust the operation of designated national educational institutions to private educational institutions. However, I propose a plan that the government entrusts to private educational institutions, but the government is responsible for licensing and supervision. WIG ship will be a new market for the aviation industry and aviation workers.

Right of disposition of cargo and Air waybill (송하인의 운송물 처분청구권과 항공화물운송장)

  • Nam, Hyun-Sook;Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.177-199
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    • 2015
  • Commerce enriches human life enriched and within commerce, transportation of cargo is arguably the most important in business transactions. Traditionally, marine transport has been major commercial transaction, but carriage cargo by air is on the increase. While the fare for freight in comparison with that of ocean is higher, air freight has many benefits that justify the higher shipping fee; lower insurance premium, packing charges, inventory control, cost management and especially speed. Therefore, air freight transport is accumulating gradually. An air waybill(AWB) is needed in the air transport flow. It is a nonnegotiable security, so the holder cannot transfer of a right to a third party. Some scholars suggest that a negotiable AWB is needed. However, it seems nearly impossible to do so; an e-AWB use shows a gain in numbers, even if it has not met expectations. Going forward, it would appear reasonable to conduct a follow-up study on the utility and legal problem for e-AWB. After sending goods, the consignor has the right of disposition of cargo in some cases, and more research is necessary, because it is related to change of ownership and a trade settlement. According to WATS (World Airlines Transport Statistics), the Korean Air took third place in international freight in 2014, and fifth in total, domestic and international to great acclaim. However, there is a lack of research supporting the business showing. It is hope that more studies on e-AWB, stoppage in transit, and a risk of outstanding amount, etc. connect to develop Korean air freight industry.

International Law on the Flight over the High Seas (공해의 상공비행에 관한 국제법)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.3-30
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    • 2011
  • According to the Article 86 of the United Nations on the Law of the Sea(UNCLOS) the provisions of high seas apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. Article 87 also stipulates the freedom of the high seas. International laws on the flight over the high seas are found as follows; Firstly, as far as the nationality of the aircraft is concerned, its legal status is quite different from the ship where the flags of convenience can be applied practically. There is no flags of convenience of the aircraft. Secondly, according to the Article 95 of 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(or state) aircraft over the high seas have also complete immunity from the jurisdiction of any State other than the flag State. Thirdly, according to the Article 101 of UNCLOS piracy consists of any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft. We can conclude that piracy can de done by a pirate aircraft as well as a pirate ship. Fourthly, according to the Article 111 (5) of 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 only military aircraft, or aircraft clearly marked and identifiable as being on government service and authorized to that effect. Fifthly, according to the Article 110 of 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 authorized 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. Sixthly, according to the Article 1 (5)(dumping), 212(pollution from or through the atmosphere), 222(enforcement with respect to pollution from or through the atmosphere) of UNCLOS aircraft as well as ship is very much related to marine pollution. Seventhly, as far as the crime on board aircraft over the high seas is concerned 1963 Convention on the Offences and Certain Other Acts Committed on Board Aircraft(Tokyo Convention) will be applied, and as for the hijacking over the high seas 1970 Convention for the Suppression of Unlawful Seizure of Aircraft(Hague Convention) and as for the sabotage over the high seas 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(Montreal Convention) will be applied respectively. These three conventions recognize the flag state jurisdiction over the crimes on board aircraft over the high seas. Eightly, as far as reconnaissance by foreign aircraft in the high seas toward the coastal States is concerned it is not illegal in terms of international law because its act is done in the high seas. Ninthly as for Air Defence Identification Zone(ADIZ) there are no articles dealing with it in the 1944 Chicago Convention. The legal status of the foreign aircraft over this sea zone might be restricted to the regulations of the coastal states whether this zone is legitimate or illegal. Lastly, the Arctic Sea is the frozen ocean. So the flight over that ocean is the same over the high seas. Because of the climate change the Arctic Sea is getting melted. If the coastal states of the Arctic Sea will proclaim the Exclusive Economic Zone(EEZ) as the ocean is getting melted, the freedom of flight over that ocean will also be restricted to the regulations of the coastal states.

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A Study on the Ecological Indices for the Assessment of the Function and Maturity of Artificial Reefs (인공어초의 기능도와 성숙도 평가를 위한 생태학적 지수에 대한 연구)

  • Yoo, Jae-Won;Hong, Hyun-Pyo;Hwang, Jae-Youn;Lee, Min-Soo;Lee, Yong-Woo;Lee, Chae-Sung;Hwang, Sun-Do
    • The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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    • v.19 no.1
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    • pp.8-34
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    • 2014
  • We reviewed foreign evaluation systems based on the macrobenthic and macroalgal communities and developed a system, composed of a set of ecological indices able to evaluate the functionality (FI, Functional Index; estimation of stability and productivity) and maturity (MI, Maturity Index; comparisons with biological parameters of natural reefs) of artificial reefs by comparing the status in the adjacent natural reefs in Korean coastal waters. The evaluation system was applied to natural and artificial reefs/reef-planned areas (natural reefs), established in the 5 marine ranching areas (Bangnyeong-Daechung, Yeonpyung, Taean, Seocheon and Buan) in the west coast of Korea. The FI ranged between 31.6 (Bangnyeong-Daechung) and 72.5% (Buan) and MI did between 53.1 (Seocheon) and 76.9% (Taean) in average. The evaluation of artificial reefs by the two indices, showed the most appropriate status in Taean. The FI between the adjacent artificial and natural reefs were in significant linear relationship ($r^2=0.83$, p=0.01). This indicated the local status of biological community may be critical in determining the functionality of the artificial reefs. We have suggested an integrative but preliminary evaluation system of artificial reefs in this study. The output from the evaluation system may be utilized as a tool for environment/resource managers or policy makers, responsible for effective use of funds and decision making. Given the importance, we need to use the options to enhance and improve the accuracy as follows: (1) continuous validation of the evaluation system and rescaling the criteria of indicators, (2) vigorous utilization of observation and experience through the application and data accumulation and (3) development and testing of brand-new indicators.

Seasonal Changes of Species Composition and Standing Crop of Phytoplankton in the Ark Shell Scapharca broughtonii Farming Areas of Jinhae Bay (진해만 피조개 Scapharca broughtonii 양식장 식물플랑크톤의 종조성과 현존량의 월별변화)

  • Kim, Byoung-Hak;Min, Byeong-Hee;Choi, Nak-Joong;Oh, Bong-Se;Park, Ki-Yeol;Min, Kwang-Sik
    • Journal of Aquaculture
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    • v.21 no.3
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    • pp.157-166
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    • 2008
  • Species composition and standing crop of phytoplankton were investigated in the ark shell Scapharca broughtonii farming areas from March, 2006 to February, 2007 in Jinhae Bay. Water temperature ranged from 7.56 to $25.90^{\circ}C$, salinity from 13.74 to 34.78 psu, dissolved oxygen from 4.13 to 13.20 mg/L, chlorophyll $\alpha$ from 2.77 to 104.98 $mg/m^2$ and pH from 7.83 to 8.65. Dominant species was Nitzschia and Rhizosolenia from March to May, Skeletonama costatum and Prorocentrum from June to August, Skeletonama costatum, Thalassiosira, Chaetoceros from September to November and Thalassiosira, Chaetoceros from December to February. Colonial diatoms were more dominant than the single cell diatoms. Standing crop was the highest in July at three stations. Standing crop of Skeletonama costatum was the highest as 1,760.0 cells/mL at St. 1, 1,075.2 cells/mL at St. 2 and 698.4 cells/mL at St. 3 in July.