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Analysis of Article 219 of the UNITED NATIONS Convention on the LAW of the Sea: with Reference to Port State Control

Vol.3 (No.2) 2018
Author
admin
Date
2018-12-30 11:15
Views
309

Abstract


This paper has analyzed the provision of Article 219 and the weight of its presence within the United Nations Convention on the Law of the Sea. It is very important to see that the United Nations Convention on the Law of the Sea as the so-called the constitution of the oceans attempts to prove its presence by enacting such a rather detailed article regarding port State control although there are a number of port State control provisions provided for in International Maritime Organization(IMO) conventions such SOLAS, MARPOL or STCW. The significance of Article 219 is that it requires States party to UNCLOS that are not party to IMO Conventions to conduct port State control against visiting vessels that threaten the marine environment.
This paper has also discussed that it is permitted that based on the prevalent view amongst commentators, the wording “applicable rules and standards relating to the seaworthiness of vessels” provided for in Article 219 may be viewed as international ‘Construction, Design, Equipment and Manning’ rules and standards as this article clearly functions as the base of port State control.

Keyword:Port State Control, UNCLOS, Article 219 of UNCLOS, Port State jurisdiction, Article 218 of UNCLOS
  • Purpose; The Korean police are tasked with maintaining the order of security, focusing on the local po-lice, who are both national and closest to residents. It was necessary to systematically identify and take countermeasures against the preventive police, whose psychological status of police officers' psychological contract violations based on organizational changes and employment relations, based on the assumption that the relationship to the organized civic action was negative, and to investigate the organizational Jus-tice of local police officials in Korea and the psychological contract violation factors that were closely relat-ed to their work. The Korean police system, which has changed its organization, suggests that the local police-centered autonomous police system, which is scheduled to be implemented soon, is ideal for local police officers at the level of metropolitan and provincial governments. This should be a discussion on the introduction of a local police-centered autonomous police system based on the will of residents-friendly local residents rather than the introduction of a self-governing police system suitable for the government's policies. This is due to the effective functioning of local police to effectively operate crime prevention and investigation functions of local police to improve the quality of life of residents. Therefore, If the government identifies the organizational fairness of Korean police officers who have a significant impact on organizational civic action and the factors influencing psychological contract violations after the contract, and sets the goal for improvement, it will improve the quality of security services by enhancing the level of organized civic action of Korean police officials. There has been a lot of discussion about autonomous police, but there has been no active discussion among local police officers trying to restructure the Korean police-oriented organization in line with the realization of investigative rights. This led to the need for re-search. The results of this study suggest that the psychological contract violation and organizational Justice of the Korean police can have a significant impact on organizational civic behavior, and that the quality of the security service is expected to be improved by the quality of the police activities of senior officers, police officers, and police officers.
    Keyword:Korean Police Officials, Autonomous Police System, Psychological Contract Violations, Organizational Justice, Organizational Citizenship Behavior
  • The strategy to control and minimize the possibility of potential crimes in advance physically in terms of urban planning and architectural design according to social changes is "Crime Prevention Through Envi-ronmental Design(CPTED)." CPTED began to be applied in the United States in the 1970s and is widely considered in Japan in terms of residential environment planning. And recently, as interest in safe cities or crime prevention cities has increased in Korea, CPTED is being integrated in earnest. However, although the physical environment or components of urban and residential areas in Korea are seemingly similar to those of the West, differences exist in the components. Therefore, it is difficult to incorporate CPTED, which has been studied and devel-oped abroad, into Korean cities. In order to find a more efficient way to create a safe residential environ-ment in reality, we need to understand the characteristics of Korean cities and proceed with the study based on them. The CPTED strategy is more effective if applied when initially planning the residential complex than in im-proving the existing co-residential complex. But this is limited to redevelopment areas such as newly devel-oped towns and cities. In the case of existing co-residential complexes, which may be vulnerable to crime, improvements such as installing additional CCTVs or introducing unmanned crime prevention systems in the complex can have considerable effects. In addition, visibility of the space should be high in order to en-able natural surveillance, and above all, it should be bright by light and lighting fixture and should not be obscured from facilities and landscaping. And we should find ways to limit crime by using security measures and lighting to dampen the criminals' psychology before they commit a crime. This cannot be done with the environmental design alone, so physical means such as professional personnel, unmanned security systems, etc. should be combined. However, simple changes in the physical environment have limitations in reducing crime or the fear of crime. The effect of crime prevention is maximized only when the organic solidarity of the community and the community consciousness of the local residents are preceded. An approach that activates the interac-tion of local communities through the expansion of active participation of residents in local autonomous administration and the vitalization of youth and women's activities should be pursued simultaneously with CPTED. In this regard, it is important to cooperate with local residents, police, local governments, local councils, and civic groups.
    Keyword:CPTED, Cooperative Security, CCTV, Urban Planning, Architectural Design
  • Background/Objectives; Indiscriminate and brutal crimes have occurred in our recently society. Among the crimes, recidivism of sexual crimes by sex offenders even with their electronic anklets increases, hence an improvement plan is urgently required in such a condition, which the effectiveness of the anklets, in ef-fect, is being questioned and challenged. This study recognizes the severity of the recidivistic and retaliato-ry crimes and proposes a sexual violence response system, an upgraded variation, via IOT-based smart de-vices, resolving problems in the existing model and enabling responses against sexual violence. Methods/Statistical analysis; The proposal model of sexual crime response system with IOT-based smart devices consists of 5 parts – Data collection and comparative analysis module, crime response module-sex offender response module/crime victim response module, Integrated D/B and posterior utility D/B. This sys-tem has the phased crime response mode activated to practice sex offender response when a sign of crimi-nal recidivism is captured and a crime sign is detected via attachment of Smart Electronic monitoring An-klets with various IOT-based sensors mounted, on ankles of the sex offenders. Simultaneously, to prevent recidivism by the sex offenders, the sexual violence victims are instructed to wear Smart Electronic Bracelet thereby, the states of the offenders are analyzed, and any recidivistic and criminal injury on the sexual vio-lence victims is minimized via operations of the phased crime victim response module when an injury occur-rence is detected. Findings; While the existing model only collected the sex offender data, the proposal model collects not only the offender data but also the sexual violence victim data through Smart Electronic monitoring Anklet and Smart Electronic Bracelet, thus more accurate prediction against crimes is enabled via the more ex-panded data collection. The proposal model, involving Smart Electronic monitoring Anklet and Smart Elec-tronic Bracelet, allowed a preventive sexual violence victim response mode, as well as the crime response mode coping with recidivism by sex offenders, by analyzing the data from both the offenders and the vic-tims. In manners of crime response patterns, the existing model only comparatively analyze the collected offender data and gradually operate the phased crime response module against the offender, while the proposed model distinguishes itself by operating response modules of both sex offenders and sexual vio-lence victims, having data of the both collected and analyzed. Improvements/Applications; Sexual violence response system with IOT-based smart devices, the pro-posal model, allows more accurate crime prediction via diversified data collection through Smart Electronic monitoring Anklets and Smart Electronic Bracelets, unlike the existing model and the current Electronic An-klet system being run by the Ministry of Justice. Moreover, by operating crime response modes – one al-lowing rapid response against recidivism to sexual crime victims and the other preventing recidivism based on analysis, the proposal has a difference in the extent of probable crime injury from sexual violence.
    Keyword:IOT, Smart Device, Smart Electronic Monitoring Anklet, Smart Electronic Bracelet, Sexual Vio-lence
  • Police must always remain resilient and changeable to respond to environmental changes. The acquisi-tion of new knowledge and skills is inevitable, and furthermore, it is very important to induce changes in the perception, values, attitudes and behavior of individual police officers in order to cope with environ-mental changes and execute necessary tasks through education and training. Recently, police have been called on to deal effectively and actively with the situation of limiting materi-al and human resources along with increasing quantity and quality of crime, increasing the people's desire for safety and improving the expected level of police activities. At this point, the police should secure and train new police officers with professional and professional views to meet the expectations of the people. More than 95 percent of the nation's police officers are educated, trained at National Central Police Academy and assigned to practice. Most police officers working at the front line are being deployed through the education of the National Central Police Academy. Given this, we can see that the direction of education and its role of the National Central Police Academy are very important. However, the current National Central Police Academy is operated on the basis of regulation on educa-tion and training of police officials, which poses a major problem in securing legal stability. In addition, despite the importance of education for newly recruited police officers and the aforementioned problems, the reality is that there is a lack of prior research related to this. Therefore, prior studies were reviewed in this study to derive ways to improve the education system for Newly Recruited Police officers. Through prior research review, the enactment of National Central Police Academy establishment act and the improvement of the police education system were proposed. First, the National Central Police Academy establishment act will have to be enacted. Second, the expert professor system will have to be established. Finally, field-oriented education should be activated.
    Keyword:Police, Education, Newly Recruited Police Officers, National Central Police Academy, Expert Pro-fessor System
  • The purpose of this study is to suggest a plan which can minimize and solve criminal injuries of domestic violence that marriage migrant women in multicultural families who live in Korea experience in Korean so-ciety. For this, it concretely analyzed the domestic status of marriage migrant women in multicultural fami-lies, types and causes of criminal injuries of domestic violence that marriage migrant women in multicul-tural families who live in Korea experience in Korean society and examined the police’s responses to solve criminal injuries of domestic violence against them. It examined the criminal injury types of domestic vio-lence that marriage migrant women in multicultural families experience by classifying them into physical violence, psychological violence, economic violence, and sexual violence. And the causes of criminal injuries of domestic violence against them were analyzed to be caused by a false sense of ownership of women, the phenomena that domestic violence which is rampant in society is connived, and rapidly changing social environment. And in order to solve these problems, it examined the police’s responses by classifying them into the institutional level, cooperation with other agencies, and the educational level. For the police’s re-sponses at the institutional level, it suggested improvement of the police’s responsive ways, the vitaliza-tion of police activities, and the vitalization of various social and cultural programs for marriage migrant women in multicultural families. For the police’s responses through cooperation with other agencies, it dis-cussed the creation of institutional devices for participating in crime prevention activities of domestic vio-lence by connecting them to multicultural families, the immigration office, cities, counties, borough offices, multicultural centers, educational institutions, civic organizations, social welfare centers, etc. and active police-centered activities for preventing crimes of domestic violence. For the police’s responses at the edu-cational level, it examined the necessity of requiring the operation and expansion of professional and effec-tive multicultural educational programs targeting police officers.
    Keyword:Criminal Injury, Domestic Violence, Crime Prevention, Social Adjustment, Physical Violence, Psychological Violence, Economic Violence, Sexual Violence
  • Purpose; Cyber sexual violence is a sexual crime deriving from information and communication technol-ogy such as the Internet and digital devices including camera and has become a serious social issue. The government has enacted various legislations and eradicative measures, yet the spread of cyber sexual crime images and its re-distribution are not eliminated, but constantly increasing. Hence, this study would propose a Webhard Monitoring System. The proposal Webhard Monitoring system stores extracted features from cyber sexual violence images in database, utilize the stored data for various techniques such as Text-based, Content-based and Seman-tic-based retrievals. When any image with high index of similarity with the crime image is retrieved, the image is downloaded and checked, and then notify the webhard. The webhard with the retrieval result re-ception blocks any access to the crime image and transfer the personal information of the image uploader to identification information monitoring system. The system stores and manages the original crime piece and uploader personal information received from the webhard and characteristics of the image for further monitoring processes. This proposes a monitoring system to rapidly and accurately monitor webhards. The proposal webhard monitoring system retrieves and deletes cyber sexual crime image to prevent re-distribution, and even al-lows tracking the first distributor of the crime image in the webhards. Considering the characteristics of cyber sexual violence – unavailability of victims to recognize their damage and time-consuming cost to rec-ognize the damage – immediate blocking and deleting the cyber sexual violence image is urgently neces-sary regardless of the request by victims.
    Keyword:Cyber Sexual Violence, Monitoring, Webhard, Text Based, Content Based, Semantic Based
  • Purpose; English, an internationally recognized language, is often used as a Lingua Franca for dealing with the business environment of each country or international affairs. In addition, police officers in each country are increasingly using English to carry out civil affairs and crime-related tasks related to foreigners. As the number of foreigners visiting or residing in Korea gradually increases, police officers are increasingly required to use English in their daily working environment. Due to the nature of the work, the police require high professional ethics and professionalism. For this reason, careful and strict standards and procedures are required for recruiting police officers. This study aims to examine the supplementary point of the situa-tion in which the TOEIC test, the new standard for the adoption of the written test for police recruitment, is used as a universal indicator of the recruitment standard for police officers. It is necessary to examine whether the TOEIC test developed to evaluate English proficiency used in a general everyday business situ-ation is appropriate as a test necessary to recruit talented persons in the police work environment, which has some special purpose. There seems to be a need to discuss a test configuration that can develop into a test that examines the complementary points of the deficiency and devises an alternative that has a role as a better police officer recruitment test, thereby verifying the ability as a potential police officer. This can be seen as a preliminary step to apply the intrinsic characteristics of special-purpose English to universal em-ployment tests. To this end, it can be said to be a necessary discussion to develop a variety of learning cur-riculum and develop a pinpoint learning strategy to develop a police officer exam with reliability and validi-ty. Therefore, this study intends to suggest ways to improve the English test item designs conducted in the recruitment process of police officers.
    Keyword:Police English Fluency, Test Validity and Reliability, TOEIC Score, ESP, English as a Lingua Franca
  • Purpose; English, an internationally recognized language, is often used as a Lingua Franca for dealing with the business environment of each country or international affairs. In addition, police officers in each country are increasingly using English to carry out civil affairs and crime-related tasks related to foreigners. As the number of foreigners visiting or residing in Korea gradually increases, police officers are increasingly required to use English in their daily working environment. Due to the nature of the work, the police require high professional ethics and professionalism. For this reason, careful and strict standards and procedures are required for recruiting police officers. This study aims to examine the supplementary point of the situa-tion in which the TOEIC test, the new standard for the adoption of the written test for police recruitment, is used as a universal indicator of the recruitment standard for police officers. It is necessary to examine whether the TOEIC test developed to evaluate English proficiency used in a general everyday business situ-ation is appropriate as a test necessary to recruit talented persons in the police work environment, which has some special purpose. There seems to be a need to discuss a test configuration that can develop into a test that examines the complementary points of the deficiency and devises an alternative that has a role as a better police officer recruitment test, thereby verifying the ability as a potential police officer. This can be seen as a preliminary step to apply the intrinsic characteristics of special-purpose English to universal em-ployment tests. To this end, it can be said to be a necessary discussion to develop a variety of learning cur-riculum and develop a pinpoint learning strategy to develop a police officer exam with reliability and validi-ty. Therefore, this study intends to suggest ways to improve the English test item designs conducted in the recruitment process of police officers.
    Keyword:Police English Fluency, Test Validity and Reliability, TOEIC Score, ESP, English as a Lingua Franca
  • The use of volunteer officers provides numerous benefits for law enforcement agencies, including the ability to increase trust between police and the community, to reduce the workload of a department, and to maintain or extend services without further depleting a budget. The United States and the United Kingdom both employ the use of volunteer officers. However, there has been little comparative work on these two areas of the policing system. This research first discusses the volunteer system of policing in both the United States and United Kingdom, followed by findings on the confidence of officers from both areas as they relate to police duties. While Britain’s form of policing greatly influenced American policing, the two do not have the same policing system. There are a few major differences between these aspects of the policing system for both countries. First, the decentralized system in the United States does not have a standardized recruitment or training procedure. However, there are minimum requirements set forth by the individual state or federal agencies(e.g., the FBI, CIA, DEA, etc.). Within the United Kingdom, the centralized nature sets forth a standardized recruitment and training procedure that, for every department, is overseen by the government. Aside from the nature of the policing system, when compared to reserve deputies in Florida, special con-stables(who are similar in function and power to reserve deputies) receive much less training. Further, special constables echo this reality in their self-reporting, where far fewer special constables believed their training to be adequate in preparation for police duties compared to reserve deputies in Florida(3.2% vs. 37.5%). Additionally, special constables were less confident in their ability to conduct interviews and administrative tasks. Policy implications and limitations of the present study are also discussed.
    Keyword:Volunteer Officers, Sworn Officers, Policing System, Community Policing, Law Enforcement
  • Community-oriented policing(COP) has become a major approach in U.S. contemporary policing. Community relations and problem solving are main elements of COP. In this study, the author attempted to identify preferable values in the era of COP and examine the values of college students pursuing a police occupation as a future career. The examination of value differences across gender and race and the impact of value orientations on college students’ job desirability were also interests in this study. With 200 college students in New York City, the findings provided crucial implications to understand value orientations of U.S. police officers. Police applicants, compared to those pursuing other occupations, tend to be male college students majoring in criminal justice who devalue the importance of “equality” and “wisdom.” The value orientations of these police applicants do not adequately hold preferable values in the era of COP. However, females and minorities tend to have more preferable values than males and whites.
    Keyword:Police Value, Value System, Community Oriented Policing, Police Career, Rokeach Value Theory