{"title":"The Legal Basis of the Advisory Function of the International Tribunal for the Law of the Sea as A Full Court: An Unresolved Issue","authors":"Jianjun Gao","doi":"10.54007/ijmaf.2012.4.1.83","DOIUrl":"https://doi.org/10.54007/ijmaf.2012.4.1.83","url":null,"abstract":"Under the present provisions of the LOS Convention and the ITLOS Statute, there is no legal basis for the advisory function of the ITLOS as a full court. And the subsequent practice and implied powers doctrine can not provide legal basis for the ITLOS in this respect either. The ITLOS may acquire the advisory function through the amendment of its Statute by the states parties to the LOS Convention. Furthermore, the advisory jurisdiction provided for in article 138 of the ITLOS Rules is not appropriate, for it can be used by states to request opinions as regards the controversy or even disputes between them.","PeriodicalId":278094,"journal":{"name":"KMI International Journal of Maritime Affairs and Fisheries","volume":"127 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133298261","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Cruise Seaports Networks: Key Relationship Indicators and Information Systems*","authors":"Assunta Di Vaio, Gabriella D’Amore","doi":"10.54007/ijmaf.2012.4.1.33","DOIUrl":"https://doi.org/10.54007/ijmaf.2012.4.1.33","url":null,"abstract":"The aim of this work is to investigate how information on cruise passenger flows are manged in the seaport system. In particular, the paper aims to understand how in the seaport system, characterized by landlord model, the Port Authority (PA) can play its function of controller and coordinator of the whole cruise relationships network when the cruise activity is contracted out to private operator, like as the cruise terminal concessionary companies. So, the analysis is focused on the relationships among the PA, the cruise terminal concessionary company and the ship agents, that are directly involved in the passengers flows information management process (collection, elaboration and reporting). The knowledge of these information is relevant to assume strategic and operative decisions on the port infrastructure investments in order to be more attractive. The passengers flow is in fact directly connected to the port","PeriodicalId":278094,"journal":{"name":"KMI International Journal of Maritime Affairs and Fisheries","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124965707","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Opportunities for Trinational Governance of Ecologically Connected Habitat Sites in the Gulf of Mexico","authors":"Harriet L. Nash, R. Mclaughlin","doi":"10.54007/ijmaf.2012.4.1.1","DOIUrl":"https://doi.org/10.54007/ijmaf.2012.4.1.1","url":null,"abstract":"Biological connections throughout the Gulf of Mexico region pervade waters of the United States, Mexico, and Cuba. Identification of important high-biodiversity habitats and the species that utilize such uncommon habitats in the Gulf of Mexico provides a scientific basis for cooperative international marine conservation and policy. A combination of a compatibility analysis of existing national marine policies and ecosystem-based marine spatial planning would improve management of transboundary living marine resources based on biophysical characteristics of the large marine ecosystem. Goals of such a science-based governance approach are to enhance the understanding of connectivity elements and processes, to map distribution of habitats with high biodiversity, to minimize discontinuity among national marine policies, and to maximize coordinated international protection. The proposed outcome is the design and implementation of an international network of marine protected areas to conserve shared transboundary living marine resources of the Gulf of Mexico. Existing conditions in the Gulf of Mexico region support an enterprise to design several alternatives for an international network of marine protected areas for joint consideration by policy decision-makers from the United States, Mexico, and Cuba. The same model combining science and policy could apply to other transboundary large marine ecosystems.","PeriodicalId":278094,"journal":{"name":"KMI International Journal of Maritime Affairs and Fisheries","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126882256","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Different Voices on Military Activities in the EEZ","authors":"Y. Park","doi":"10.54007/ijmaf.2011.3.2.183","DOIUrl":"https://doi.org/10.54007/ijmaf.2011.3.2.183","url":null,"abstract":"The purpose of this short paper is to address different voices on military activities in the EEZ responding to an article by Yao-Dong Yu and Wen-Jin Piao.1 It seems that the article completely reflects China’s position on the hot issue of military activities in the EEZ which is opposed to that of the United States and many other states. Therefore, it will be fair to introduce different or opposing viewpoints on military activities in the EEZ.","PeriodicalId":278094,"journal":{"name":"KMI International Journal of Maritime Affairs and Fisheries","volume":"607 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134575027","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Policy suggestion to Official Development Assistance of Korea towards sustainable development of developing countries in marine sectors","authors":"V. Kaczynski, Jongseong Ryu","doi":"10.54007/ijmaf.2011.3.2.103","DOIUrl":"https://doi.org/10.54007/ijmaf.2011.3.2.103","url":null,"abstract":"This paper aims to assess major contributing factors to problems that developing countries are facing at the present time, and to suggest the way in which those factors are addressed to build Korean ocean policy towards developing world. Five types of economic failure found in developing countries were investigated to understand difficulties and needs of them, including poverty, state bankruptcy, financial difficulty, civil war, and structural transition. Those state failures could bring great socioeconomic impacts on Korean interests, such as national security, economic stakes, international crimes, infectious diseases, and resource wars. In conclusion, five bullet points that Korea needs to fully address in making international ocean policy are suggested: 1) focusing more on human and social assets; 2) protecting social and environmental problems; 3) streamlining assistance institution; 4) improving national image; 5) management based on sustainability. As a G-20 chairmanship nation in 2010, Korea should be serving a bridge between developed and developing world to make them better off the sustainable international cooperation in marine sectors.","PeriodicalId":278094,"journal":{"name":"KMI International Journal of Maritime Affairs and Fisheries","volume":"609 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123195397","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"TAC Assessment of Multiple Species and Single Fishing Gear⍏","authors":"Jongoh Nam, Jeong-Gon Ryu, J. Gates","doi":"10.54007/ijmaf.2011.3.2.139","DOIUrl":"https://doi.org/10.54007/ijmaf.2011.3.2.139","url":null,"abstract":"This paper provides a total allowable catch assessment model for single fishing gear and multiple species fishery in South Korea. To estimate appropriate allowable biological catch of mackerel and jack mackerel caught by the large purse seine fleet within the territorial waters of South Korea, this paper uses an extended Beverton-Holt yield per recruit model and a biomass-based cohort analysis. The extended Beverton-Holt yield per recruit model adds two terms, a relative bycatch index (wi) and a relative instantaneous fishing mortality index (ai), to the original Beverton-Holt model. The reason for adding new terms is because the bycatch of those species caught by the large purse seine fleet is able to affect the instantaneous fishing mortality as well as the recruitment of each species. In conclusion, this paper suggests that the current allowable biological catch level of mackerel needs to be lowered to prevent overfishing of jack mackerel with the small stock due to bycatch.","PeriodicalId":278094,"journal":{"name":"KMI International Journal of Maritime Affairs and Fisheries","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129065065","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Legal Issues Related to Armament of Vessels*","authors":"Dong-Wook Kim","doi":"10.54007/ijmaf.2011.3.2.117","DOIUrl":"https://doi.org/10.54007/ijmaf.2011.3.2.117","url":null,"abstract":"While the number of piracy in the Strait of Malacca and Indonesia is showing a pattern of decline, the number of piracy in the waters of Somalia is rapidly increasing. The waters of Somalia, linking the Suez Canal and the Indian Ocean, is a passage for a dense traffic of large containers and tankers, but the passage of these vessels also makes it a tempting target for the Somali pirates. The material and human losses from the frequent occurrence of piracy have led the international community to reach a resolution through the UN Security Council, and efforts are being made to repel piracy using warships and military airplanes. Although the UN states’ deployment of warships was partially effective in eradicating piracy, its employment showed limited effect in achieving the complete eradication of piracy. On the 23rd of May, 2011, the IMO adopted the 「Interim Guidance To Shipowners, Ship Operators, and shipmasters on the use of Privately Contracted Armed Security Personnel on board ships in the High Risk Area」 as a measure to prevent losses from piracy. Two main types of prevention measures can be considered to prevent losses from piracy. The first is to install weapons on the ships or to arm the crews with weapons to repel pirates. The second is to embark PMSC(Private Maritime Security Companies) PCASP(Privately Contracted Armed Security Personnel) onboard the ships, at the request of the shipping companies, to deter pirate attacks. This article will deal with a legal review on each measure to repel piracy.","PeriodicalId":278094,"journal":{"name":"KMI International Journal of Maritime Affairs and Fisheries","volume":"133 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127330455","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Legal Study on Military Activities in the EEZ","authors":"Yaojun Yu, Wenxian Piao","doi":"10.54007/ijmaf.2011.3.2.163","DOIUrl":"https://doi.org/10.54007/ijmaf.2011.3.2.163","url":null,"abstract":"Military activity in the EEZ is a very complicated issue. In view of the fact that the USA has engaged many kinds of military activity in the EEZ of the P. R. China and that these activities has led to conflicts between the two countries, this article deals with the legal issues of military activities of one country in the EEZ of another country with focus on the foreign especially USA military activities in the EEZ of the P. R. China. This article, on the basis of legal documents such as the UN Charter, the UN Convention on the Law of the Sea, and on the basis of laws and practice of related countries, analyzes the following issues: the legal status of the EEZ under international law and its impact on military activity of one country in the EEZ of another country, the relation between peace principle and military activity of one country in the EEZ of another country, the navigation of military vessels of one country in the EEZ of another country, the flight of military aircrafts of one country over the EEZ of another country, the marine scientific research conducted by military vessels of one country in the EEZ of another country, the military survey conducted by military vessels or military aircrafts in the EEZ of another country, the military exercises or arms trials held by one country in EEZ of another country, and the use of force by military vessels or aircrafts of one country in the EEZ of another country. At the end, the article summarizes the main points discussed and analyzed.","PeriodicalId":278094,"journal":{"name":"KMI International Journal of Maritime Affairs and Fisheries","volume":"108 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132683825","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"China’s Maritime Security Policy in the Indian Ocean: Assessment and Implication for Korea","authors":"Min-Su Kim, Haerina Park","doi":"10.54007/ijmaf.2011.3.1.49","DOIUrl":"https://doi.org/10.54007/ijmaf.2011.3.1.49","url":null,"abstract":"China became the second largest economic power. But the gigantic growth of China has triggered another concern that it will project its influence around the Oceans in order to have maritime hegemony. Actually, China recently provoked conflicts with the Japan, Philippines, Vietnam as well as the U.S in South and East China Sea. However, it would be premature to decide that Chinese maritime security policy is quite offensive for securing maritime hegemony. This is because maritime environment in the Indian Ocean is quite different from that of the Pacific Ocean. First, in the Indian Ocean, there is no dominant maritime power, unlike in the Pacific Ocean where bilateral military alliances led by the U.S are playing a key role in maritime status quo. Second, there is much room for cooperation among nations because nontraditional security issues such as piracy, armed robbery against ships and illegal transportation of WMD cannot be tackled by one or some nations. Third, Africa becomes an attractive region to China for its national resources. Against this backdrop, China is pursuing ‘tailored strategy’ by becoming ‘multilateral’ and ‘cooperative’ in the Indian Ocean, while staying ‘unilateral’ and ‘conflicting’ in the Pacific Ocean. For example, China is trying to make a positive contribution to peacekeeping, disaster relief and count-piracy operations in the Indian Ocean. Considering this, Korea should prepare multi-leveled maritime policy. At a bilateral level, Korea should consolidate military alliances with the U.S and Japan. At a multilateral level, it needs cooperation among nations to fight against non-traditional security threats like piracy. Finally, at a unilateral level,","PeriodicalId":278094,"journal":{"name":"KMI International Journal of Maritime Affairs and Fisheries","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122407989","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Land-locked Country and Port Accessibility","authors":"Yong-an Park","doi":"10.54007/ijmaf.2011.3.1.83","DOIUrl":"https://doi.org/10.54007/ijmaf.2011.3.1.83","url":null,"abstract":"Land-locked countries tend to have bottlenecks and problems of high transport costs, complicated cross border procedures, long distance and remoteness to the global market, and limited accessibility to the sea. Mongolia as a land-locked country recorded comparatively low economic growth rate in the 1980s and 1990s but it could obtain a new momentum of economic growth from the late 2000s due to a continual price increase of mineral resources and other export goods. However, high transport costs and low accessibility to the sea prevent Mongolia from diversifying its trading partners and export goods. This paper examines elemental factors of transport costs between Mongolia and trading partner countries through regression of transport costs, particularly using the ratio of cost, insurance and freight (CIF) amounts to free on board (FOB) amounts and container transport costs. This also scrutinizes the deciding variables of trade volume between Mongolia and trading partner countries by using the gravity model. In a transport cost analysis, transport costs of less than container load (LCL) cargo are affected directly by the distance of land transport and shipping transport, and common border sharing with Mongolia. The effects from the density of transport infrastructures in a transit country and a partner country which were thought to be decisive in the paper by Limao and Venables (2001) are not clear in the analysis. In the gravity model on trade volume between Mongolia and trading partners, decisive factors are Gross Domestic Product (GDP) of a trading partner, and distance from Mongolia to trading partners.","PeriodicalId":278094,"journal":{"name":"KMI International Journal of Maritime Affairs and Fisheries","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129342090","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}