• Title/Summary/Keyword: maritime law

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Recent Developments in the Law Relating to Maritime Safety and Environmental Protection

  • James, Jim
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.2 no.1
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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.

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PCA Ruling on SCS : Is it a Peaceful Solution or Cause of Military Tension? (남중국해 중재판결 : 군사적 분쟁 고조인가 국제법적 해결의 증진인가?)

  • Yang, Hee-Chuel
    • Strategy21
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    • s.40
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    • pp.144-161
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    • 2016
  • A unanimous Award has been issued on 12 July 2016 by the Arbitral Tribunal constituted under Annex VII to the United Nations Convention on the Law of the Sea in the arbitration instituted by the Republic of the Philippines against the People's Republic of China. The current security issues in the regional sea shall be carefully reflected to anticipate whether the Award could resolve the existing political conflict or rather will grow military tension in the region. The Award clearly directs the scope of delimiting maritime jurisdiction to coastal States in the Southern China sea, so it seems to help facilitating finding resolutions of regional disputes on maritime boundaries. On the other hand, there are several limitations in reality to implementation of the decisions included in the Award. USA could use the decisions to restrict military activities and exercise of unilateral maritime jurisdiction by China in the region, while China shall encounter guilt to illegitimacy of its activities as well as shaking the legal foundation of its policy in the region. Then the resolution of this dispute through application of international law would rather cause more political confusion. The intension of bringing the case to an international court were to resolve political difficulties. If, however, the political difficulties are not properly reflected in the legal decisions, such decision would possibly raise more political risks.

An Ilustration of Maritime Safety and Security Systems of China

  • Song, Zhen
    • Proceedings of KOSOMES biannual meeting
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    • 2000.05a
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    • pp.38-51
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    • 2000
  • This paper gives an overview of maritime safety and security systems in china. Law and legislation aspects are introduced. It includes a brief look on governmental structure in maritime safety and security related issues. Designated functions and organizations structure of authorities is described. In the conclusion, new development and outlook of changes in the maritime safety and security systems in China are made.

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A Study on the Legal Liabilities and Countermeasures against Piracy (해적행위에 대한 법적 책임과 대응방안)

  • Choi Suk-Yoon;Lee Yun-Cheol;Hong Sung-Hwa;Park Jeong-Ki
    • 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.

Maritime Boundary Delimitation Regime for the Gulf of Tonkin Dispute and China's Position (해양경계획정제도에 대한 중국의 입장과 통킹만 사례고찰)

  • Yang, Hee-Cheol;Park, Seong-Wook;Kwon, Moon-Sang
    • Ocean and Polar Research
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    • v.26 no.4
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    • pp.669-678
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    • 2004
  • Coastal states are adopting maritime boundary delimitation as their primary maritime policy because maritime jurisdiction directly relates to vast economic interest. This becomes specially important and sensitive when complex maritime boundary issues are involved between neighboring coastal states. China has not actively carried out nor declared maritime boundary delimitation until recently with any country except Agreement between China and Viet Nam on the demarcation of the territorial water, the exclusive economic zones and the continental shelf of China and Vet Nam in the Gulf of Tonkin on 25 December 2000 (hereinafter, the Gulf of Tonkin Agreement). The principles that governs maritime boundary delimitation are to consider primarily an agreement between States concerned, however, if no agreement can be reached, all relevant circumstances are considered to achieve an equity between concerned States. Relevant circumstances are length of coastline, form of coastline, existence and position of island or islands, speciality of geology/topography, and factor of economy and deffnce. Factors which sinologists are considering in regard to continental shelf delimitation of the Yellow Sea are as follows; i) geographical factor, ii) geological factor, iii) topographical factor, iv) environment and ecological (factor, v) historic interest, and vi) social and economic interest. The 'Gulf of Tonkin Agreement' is completed by basically applying the principle of delimitation according to median line which seems that China has adopted the maritime boundary delimitation principle of 'half and half' which was the intention of chinese government. At the same time, China recognized Viet Nam's dominion and sovereign right over the partial exclusive economic zone and the continental shelf of Dao Bach Long Vi in Gulf of Tonkin. This case can be considered as an example of mutual concession or compromise in delimiting maritime boundary for states of concerned.

A Study on China's Maritime Organization and Ocean Policy (중국(中國)의 해양관리조직(組織)과 해양정책(政策) 고찰)

  • Kim, Chu-Hyong;Kim, Min-Jong
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2009.10a
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    • pp.281-282
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    • 2009
  • It is said that China's maritime organizations are large-scaled and complicated things, so-called 5 dragons in Chinese ocean. Therefore that has caused several matters and inefficiency in many maritime fields. However Chinese leaders have acknowledged the importance of ocean and have pursued consistent policy in their ocean, for example, 5.11 project, national ocean development plan etc, As a neighbouring country contrasting with China on Yellow Sea, Korea shall study China's ocean policy and their features in maritime organization in order to prepare for the intense competition in future at sea.

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A study on the Ship Mortgages in English Law (영국법상 선박 모게지 (Mortgages) 에 관한 연구)

  • Jeong, Seon-Cheol
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2007.12a
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    • pp.58-59
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    • 2007
  • The English law of ship mortgages is successor to a very long tradition. From the earliest times loans have been required to finance maritime commerce. The term "ship" describes any kind of vessel used in navigation, while the term "ship mortgage" described a method of secured financing, under which a borrower transferred its interest in ship or other property to a creditor, to secure the payment of the debt owed by the borrower or the performance of some their obligation. The shipowner (the borrower)is known as the 'mortgagor, and the person lending the money is known as the 'mortgagee'.

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Analysis of the Law and System for Crew's Occupational Illness (선원 직업성 상병 관련 규정 및 제도 분석)

  • Lee Sang-Hyoun;Jun Seung-Hwan
    • Journal of Navigation and Port Research
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    • v.30 no.5 s.111
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    • pp.421-426
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    • 2006
  • Recently, with economic growth and changes of recognition, the many research into vocational disease is in the process of advancing inside and outside of the country and it follows in research and also produce satisfactory results. However, as compared to the crew s service environment, system research into the occupational illness occurring in embarkation service is not accomplished After attacking the occupational illness, only the research to the compensation is conducted Therefore, this study examines law and system of the occupational illness based on basic research into crew's occupational disease and after disease preventing and attacking of the crew, give some legal reform measures to support quick and appropriate.