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        검색결과 2

        1.
        2023.05 KCI 등재 구독 인증기관 무료, 개인회원 유료
        This paper analyzes the need to strengthen the law applicable to Flag of Convenience (FoC) States and vessels with the goal of sustaining fish stocks and combatting overfishing on the high seas. FoC States and vessels can escape law enforcement conducted by the other flag states. Due to the lack of political will of FoC States to enforce the law and obligations imposed on FoC vessels to conduct conservation on the high seas, FoC vessels instead contribute significantly to the deterioration of fish stocks on the high seas. FoC vessels overexploit these resources and engage in illegal, unreported, and unregulated (IUU) fishing, which harms the fish stocks on the high seas. The results of the study indicate that there are some legal lacunas in international legal obligations for FoC States and vessels to conserve the fish stocks on the high seas. Existing international legal instruments are ineffective in combating over-exploitation of fish stocks on the high seas by FoC vessels. Hence, strengthen the laws applicable to the FoC States and FoC vessels is urgently needed.
        5,800원
        2.
        2021.11 KCI 등재 구독 인증기관 무료, 개인회원 유료
        Most scholars argue that the principle of permanent sovereignty over natural resources (PSNR) has been used by developing countries as a legal basis to exploit their natural resources, including forests, for the sake of economic development. Land conversion and forest burning are the primary causes of forest degradation and deforestation in Indonesia. Thus, the biodiversity of Indonesian tropical forests is decreasing tremendously. This article aims to comprehensively analyze the experiences of the Indonesian government to balance the principle of PSNR and sustainable forest management (SFM). The paper argues that the implementation of the PSNR principle in SFM faces many challenges, such as deforestation, forest degradation, and the failures in implementing laws, as well as weak law enforcement. Therefore, to balance the PSNR principle with SFM, the Indonesian government needs to undertake various efforts, such as strengthening law enforcement, carrying out social forest management, and exercising mandatory forest certification. Moreover, all these efforts need to be further improved.
        6,700원