• Ocean and Polar Research
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• 제45권1호
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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.

• Ocean and Polar Research
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• 제30권1호
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• pp.89-107
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• 2008

Marine environment is subject serious destruction because of frequent accidents during exploration of marine resources and overseas transport. Also, as many industrial enterprises discharge high volume of wastes and contamination, marine pollution has become a serious threat to people (especially in China). China is quickly becoming a world economic leader of the 21st century. Rapid industrialization and social changes have raised the standard of living of millions of the Chinese, mainly in the areas of East and South East coast. The process of industrialization, however, is often followed by deterioration of the marine environment and rarely turned around until a country has increased its standard of living. Solving these array of problems will take decades and currently the government is addressing minor specific issues only. Fortunately, the Chinese government has enacted a number of marine pollution control laws. On 25 December 1999, the 13th Session of the Ninth Standing Commettee of the National People's Congress passed the amended the Marine Environment Protection Law of the People's Republic of China. This Law establishes rights and responsibilities of the relevant departments concerning marine environment management and provides for two new chapters on "Marine Environment Supervision" and "Marine Ecological Protection", along with "Supervision of Pollution Prevention for Marine Construction Projects", "Marine Ecological Protection" and "Marine Environment Pollution Prevention for Marine Construction Projects". Also, the Law was amended with provisions for integrated pollution discharge control system and oil spillage emergency response plan and enhanced legal responsibilities. Chinese government recognizes that international and national experience can be useful for China to prevent further ecological degradation of the marine environment.

• 해양환경안전학회지
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• 제20권6호
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• pp.712-720
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• 2014

본 연구에서는 북한의 "바다오염방지법"에 대해 법적 경제적 함의에 대해 분석하였다. 이를 위해 북한의 관련법령과 우리나라의 법률, 제한적인 정보와 기존 연구문헌을 통해 비교분석하였다. "바다오염방지법"은 북한의 해양환경관련법령 중에서 기본법의 성격을 가지고 있다. 그러나 남한의 관계 법률과 달리, "바다오염방지법"은 환경권이나 행복권 추구라는 민주시민의 기본권리 보장보다는 해양오염방지를 통한 자원의 확보를 강조하고 있다. 또한 각급 국토환경보호기관(관련기관, 기업체, 단체 포함)의 실질적인 정책시행 등에 대한 제반규정이 적다. 북한의 법령체계의 특수성을 고려한다고 하더라도, 실행체계에 대한 미비로 인해 법의 실효성에 문제가 있을 것으로 판단된다. 이 법의 경제효과분석을 위해서는 자료축적이 필요하다. 향후 통일을 대비한 남북한의 법령제도통합을 위해서는 비교적 이념중립적인 환경관련법령을 통한 접근이 중요하다.

• 해양환경안전학회지
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• 제2권1호
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• pp.125-135
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• 1996

I hope that in the limited allotted to me today I managed to draw to your attention just some of the recent legal developments relation to international maritime safety and environmental protection or more simply, of safer ships and cleaner seas, none of us should be in any doubt the ever increasing pressure that is going to be placed upon the shipping industry to achieve the objectives to which those expressions refer.

• 해양환경안전학회지
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• 제5권1호
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• pp.59-78
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• 1999

Although recently vigorous studies on environmental crime have contribute criminal respects to be advanced in our country, most of them are focused on German discussions about the theory of environmental crime or environmental criminal law. As each countries in criminal legislation for environmental protection have some distinctive characteristics not found in others, the study which is more helpful to regulate environmental crime can be extend to other country in the view of comparative law. Thus this Article overviews especially the environmental criminal enforcement program involving civil and administrative enforcement in the United States. Notwithstanding that enforcement is an evolving phenomenon that only recently appeared on the scene, there is widespread public support for it. Once viewed as mere economic or regulatory offence lacking an element of moral delict, environmental crimes now provoke moral outrage and prompt demands for severe sanction and strict enforcement. Many major provisions of modem environmental acts that imposed criminal liability have been added or significantly restructured during the last decade. Notable among them are the imposition of the felony penalties for federal environmental crimes and the enactment of the endangerment crime in federal environmental law. This Article approaches the characteristics of environmental criminal enforcement form introducing major federal environmental acts. It develops the result that, considering the difference that exist between Korea and United States in environmental criminal law, our proper environmental regulatory framework can be constituted.

• 한국항해학회지
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• 제19권2호
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• pp.77-97
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• 1995

The protection of the marine environment is one of the main international legal problems in recent years. In parallel with the industrial development, a great quantity of chemical materials were used and in consequence, mass transportation of oil and other dangerous materials was required on the one hand, and discharge of industrial wasters drew also the attention on the other hand. Furthermore, oil tankers accidents, mass use of nuclear materials, sea-bed exploration and exploitation stimulated further deep human concern on the marine environment. The expansion of international concern to new and more dangerous sources of marine pollution regarded more strict and legal control on the Oil Tanker(DWT 95, 000tons, Cb=0.805) model. Calculation results are compared to the international, especially regional level. In particular, this study is concerned with the preservation of the Northeast Asian Seas surrounded by Japan, the Russian Far East, South Korea, North Korea, China and Taiwan. These adjacent countries must intensify cooperation regarding the prevention, reduction and control of the contamination of the sea. And this cooperation between the States concerned should, as much as possible, be aimed at maximizing the effectiveness of measures to prevent or abate transboundary environmental pollution. To achieve this purpose, States concerned should be imposed upon duties such as duty to assess the environmental impact, duty to inform, duty to consult and duty to assist on the basis of general principle of international law, international customary law and other various resolutions of international bodies. Depending on the nature and extent of actual or potential transboundary pollution with the use of a natural resource or the environment in general the establishment of some form of institutionalized cooperation between the States concerned may become useful or indispensable. The functions of this Organization are, inter alia, to keep the implementation of the Convention and the protocals under continuous observation, to make recommendations on regional or sub-regional rules and standards to be elaborated and on measures to be taken by the Contracting Parties, to be notified of any grave and imminent danger from pollution or threat of pollution by the Contracting Parties and to promote in close cooperation with appropriate governmental bodies additional measures to protect the marine environment of the Northeast Asian Seas, and so on. Above mentioned countries, first of all, are located within the Northeast Asian Seas geographically and, therefore, take responsibilities of preserving the clean sea against marine interferences regardless of any difference of the social, political and economic systems. They must be followed under the UNCLOS and other marine conventions. Under the present circumstances, Northeast Asian Seas will become dead seas in case that there is no instant and prompt action against pollution. Hence we have an absolute obligation to promote the development of the mandatory international environmental law, which in turn can faciliate more effective implementation of the regional cooperation by the neighbouring states within this area.

• 해양환경안전학회지
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• 제18권5호
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• pp.496-504
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• 2012

환경보호 분야에서는 국제협약의 원활한 이행을 위해 당사국 간의 긴밀한 협조가 요구되며, MARPOL 73/78 상 보고의무는 해양환경보호를 위한 국제협력의 일환으로서 중요한 역할을 하고 있다. 이 연구에서는 MARPOL 73/78 상 보고요건의 국제법적 의미에 대하여 살펴보고, 당사국들의 보고의무 이행현황을 조사하였다. 이를 위하여 2001년부터 2010년까지 지난 10년간의 MEPC/Circ.318의 각 항목에 따른 MARPOL 73/78 상 보고의무의 이행현황을 분석하였다. 또 다른 한편으로는 이러한 이행현황에 대한 분석을 통해 당사국의 보고의무 준수율을 향상할 수 있는 개선방안을 제시하였다.

• Ocean and Polar Research
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• 제44권3호
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• pp.249-260
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• 2022

This mini review examines the habitat connectivity and effectiveness of Korean Marine Protected Areas (MPAs) in the Yellow Sea Large Marine Ecosystem (YSLME) region. We first reemphasize that the Korean region of the YSLME is a single ecosystem (ecoregion) given the biophysical distribution patterns. The MPAs within the YSLME contribute about 50% to the total MPAs in Korea, accounting for about 10% of the territorial sea waters of Korea and 20% of the waters of YSLME on the Korean side. By area, national parks account for nearly 45% of the MPAs, followed by the wetland protected areas at 25%, with other types of MPA comprising the remaining 30%. Large MPA (> 100 km²) is the dominant type of MPA, accounting for 90% of the total area. We find that MPAs in the region are connected physically and perhaps also genetically. However, the level of protection was found to be low, and a no-take zone is rarely implemented. In addition, interrupted freshwater discharge caused by river-mouth dams poses a major hindrance to the physical connectivity of the MPAs. Restoration of the river-mouth dams and strengthened regulation on MPAs, with further expansion of MPAs in line with the current development of post-2020 global biodiversity frameworks, should be priorities for better management of marine resources. The newly revised law incorporating the concept of "Marine Ecosystem Axis Management" would reinforce the processes, and their effectiveness together with overall management of MPAs in Korea should be evaluated by designing appropriate measurement tools.

• 수산경영론집
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• 제30권2호
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• pp.55-77
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• 1999

As the population grows, the importance of the fishery industry continues to rise. It is therefore vital to support and promote sustainable fishery industry. However, the fishery production has been declining, mainly due to overdevelopment and depletion in fishery resources and stricter limits on development limits caused by growing concerns over the marine environment and ecology. Recently, international activities related to marine environmental and its ecosystems conservation, have been vigorously pursued. The United Nations Convention on The Law of The Sea has stipulated the protection and conservation of the marine environment, and the implementation of fishery resources development, made in harmony with the environment and fishery resources and based upon scientific findings and principles has become important. Accordingly, fishery industry must pay thorough attention to marine ecological and environmental problems and its international fisheries regime. Fisheries development can affect fishery resources, their environment and ecosystems. Adverse ecological effects resulting from fishery resources development practices in general include overdevelopment and incidental development of non target species, physical degradation of seabed habitants and degraduation of water quality. It has now become more important than ever to build up fishery resources development while achieving the conservation of biodiversity and the marine environment, as well as the restoration of destroyed ecosystems. To maintain fishery industry, it is necessary to develop bioeconomic fishery production system and industry policies for the ESSD(environmentally sound and sustainable development) given that maintenance of a favourable marine environment will ensure the fishery resources productivity. These bioeconomic system and policies are necessary to ensure the sustainability and viability of the fishery industry under ESSD fisheries concepts.

• 한국수자원학회:학술대회논문집
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• 한국수자원학회 2017년도 학술발표회
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• pp.329-329
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• 2017

In this study attempted to evaluate the stability of the protection methods by examining hydraulic characteristics of the area around the point in which marine cable protector is installed such as surf zone occurrence point of shore-end submarine cables suitable for coastal marine environmental conditions, flow rate t the tope of the protector and maximum wave height, and to provide basic data for the selection of the optimal protection method. In performing hydraulic model experiments, the topography of submarine cable installation location was reproduced in 2-D sectional channel, and models appropriate for experimental scale and similitude law were produced and installed for each condition of submarine cables and protectors. Since the topography and submarine cable protectors were reproduced and installed in 2-D sectional channel, the exact reproduction of surf and transformation in shallow water zone was possible, and thus the physical properties could be clearly analyzed. For stability review, an experiment to examine the stability was conducted using a wave maker with 50-year frequency design waves as target, and wave height and cycles were applied based on the approximate lowest low water level(Approx. L.L.W), which is the most dangerous in submarine cable protection methods. As for experimental time, typhoon passing time in summer (about 3 hours) was applied, and wave patterns and deviation ratio of the submarine cable protector were investigated after making irregular waves corresponding to design waves. In addition, current meter and wave height meter were installed at the installation location of the submarine cable protector, and the flow rates and wave height at the top of the protector were measured and analyzed to review hydraulic properties.