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        무해통항권 행사를 주장하는 선박에 대한 법집행관할권

        신재웅 ( Shin Jaewoong ),최지현 ( Choi Jee-hyun ) 한국외국어대학교 법학연구소 2021 외법논집 Vol.45 No.4

        All coastal States shall guarantee the right of innocent passage of a foreign ship, and may, in conformity with the provisions of the UN Convention on the Law of the Seas and other rules of international law, make appropriate laws and regulations in relation to innocent passage of a foreign ship through the territorial sea. Even though a coastal state enacts the laws and regulations with regard to innocent passage of a foreign ship by exercising its legislative jurisdiction, the Convention does not, however, explicitly stipulate whether a coastal state can immediately enforce the laws and regulations, and therefore, there has been controversy over the basis for its enforcement. Although the Convention provides that a coastal state may exercise its law enforcement jurisdiction in its territorial seas regarding criminal jurisdiction or marine pollution, it is unclear whether the Convention allows the exercise of enforcement jurisdiction of a coastal state even over a foreign ship in innocent passage in these circumstances. It is also uncertain whether the law enforcement jurisdiction of a coastal state may be exercised in other particular cases. These issues eventually result in a matter of the interpretation of the UN Convention on the Law of the Sea. In other words, the criteria for determining whether a coastal state can exercise its law enforcement jurisdiction based on its own laws and regulations for a foreign ship in innocent passage should be found in regulations related to innocent passage under the Convention. If the requirements of Article 27 of the Convention relating to criminal enforcement jurisdiction are met, the navigation of the ship concerned is prejudice to the peace, good order or security of the coastal state under Article 19 (2), and passage of the ship may not, therefore, be considered innocent. If the passage of a ship is considered non-innocent, a coastal state may, of course, exercise law enforcement jurisdiction over it. However, if a foreign ship in innocent passage is temporarily in non-innocence, a coastal state may exercise its law enforcement jurisdiction at a negative level compared to a ship in continuous innocent passage. In addition, although passage of a foreign ship is not considered non-innocent, but it violates laws and regulations of a coastal state, it is unlikely that a coastal state may not exercise any law enforcement jurisdiction on the grounds that such a ship is in innocent passage. As such, a coastal state may law enforcement jurisdiction in different degrees over foreign ships in transit, and its law enforcement jurisdiction shall be, above all, exercised in light of the principle of proportionality.

      • LNG선 개조 발전플랜트 기획연구

        이강기,배재류,신재웅,박종복,Lee, Kangki,Bae, Jaeryu,Shin, Jaewoong,Park, Jongbok 한국플랜트학회 2020 플랜트 저널 Vol.16 No.3

        Lately old LNG carriers increased and ship price is getting down. So Interest for reuse and modification of used LNG carriers is growing. Also the needs for replacement of old power plant is increasing. Additionally eco friendly fuel such as LNG become attractive. Consequently gas power plant is getting much more popular than before. So in this research planning, we consider the floating power plant by modifying LNG carriers. This plant has the various function including storage, power plant and bunkering fuction etc. Through this multifunctional plant, we are ready for the old power plant shutdown and energy crisis in the future when we can supply the urgent mobile floating power plant quickly in time.

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