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A Study on the Military Surveys in the Foreign Jurisdictional Waters
Vol. 49, No. 1 (June 2004)
PDF document - Author - Dong-Wook Kim View - 2744
There are two views on whether a Marine scientific research(MSR) includes a military survey or not. First opinion, based on the 1982 United Nations Convention of Law of the Sea(UNCLOS) which emphasizes marine scientific researches be conducted only for peaceful purposes and approves rejection on foreign or international organization's researches and excavation directly concerning on natural resources while conducting MSR in the EEZ or continental shelf of another country, is that MSR should be conducted only for pure objectives not for commercial nor military uses. Second opinion considers MSR for military purposes same as that for peaceful purposes provided that it observes the UNCLOS and claims that in such cases both are regulated by the same rule.
Interpretation of military activities including military survey in the EEZ has always been a target of issue, owing to the ambiguous definition made in the discussion of UNCLOS where coastal countries and powerful marine countries brought up the least argument on military uses in order to secure maximum profit. Recently arguments are arousing between coastal countries and powerful marine countries as there are frequent military activities such as military survey in North East Asia. It is critical, at this point, to prepare counter-measures in case of similar dispute outbreaks in vicinity of Korea by defining the legal characteristic of military survey and analysing major cases. China and Japan regulates MSR by foreign ships with local laws from a standpoint that although not stated, military surveys are subjected to pre-permission and/or consent. Considering UNCLOS is not much effective in solving troubles in military matters, cooperative approaching method is a realistic way to reduce tension. Hence, it is advisable for Korea to adopt “case by case approaching method” where actively permitting foreign ships' MSR if there is a gain in mutual sharing of marine military intelligence while resolutely controlling ones without pre-permission or consent.
Copyrightⓒ 2004 by The Korean Society of International Law. All rights reserved.

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