PSI 正當性 確保 方案에 관한 硏究

Abstract

As the probability of terrorism using WMD(Weapon of Mass Destruction) has increased since the Post-Cold War, and international non-proliferation regimes has reached their capability-limit, PSI(Proliferation Security Initiative) was the Initiative that was advocated by president Bush in May 2003 to prevent rogue states or terrorist groups from possessing WMD after 9.11 at Poland.

PSI means the inspection and the following seizure to prevent the illegal transportation of WMD.

The purpose of PSI is to interdict rogue states or terrorist groups with access, to prevent the inflow of WMD by blocking a smuggling thru information. About 20 core participant countries and 60 supporting countries including ROK is participate in PSI indirectly or directly until now, and the several times of PSI-conferences and exercise has been conducted every year.

There are a lot of limitation on domestic and international law that the PSI is to be justified legitimate treaty now. There are many domestic law regarding maritime affairs in ROK. PSC(Port State Control) has not sufficient references to implement the PSI substantially. That is, the face is that there is no related regulations, furthermore it is so wanting in carrying out the education and selection of PSC officers.

And, United States, core country in PSI, advocate legitimacy on the basis of the right of self-defense(UN Charter Article 51), the Chairman of UN Security Council declaration, UN Security Council Resolution(especially, Resolution 1540, 1718), but there is inadequate the grounds and there is some difficulty in claiming on legitimacy of PSI from the Law of the Sea which include the innocent passage on territorial waters and the principle of freedom of the high-seas.

Though there is limitation in the domestic and international law and it takes a long time to evolve into legitimate regime, the more countries have been recognized the danger of terrorism using WMD, the more possibility has been increased for PSI to evolve the treaty. Until now, United States concluded a treaty with 6 flag of convenience countries including Panama etc. and continuously trying to legalize thru the treaty with related countries. Also, United States need an international effort to ratify and to come to effect the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation(SUA Treaty), In addition, United States enact a tentative Maritime Security Basic Laws, make a basis to legalize PSI operations with respect to PSC regime, maintain multilateral system to strengthen PSC.

Second scheme to justify is to draw a resolution of UN Security Council. But, it is possible for Russia and China to employ their right of veto, so this scheme has low feasibility. This is the best method for PSI activities.

Third scheme is to make a Customary Law thru continuously and coherency operations. But, it is required a long time endeavor of related countries.

Finally, our country advocate PSI, but did not participate PSI exercise owing to North Korea relations. However, it is not inconvenience in South-North Korea relations and benefit for US-ROK relations to take part in combined exercise(i.e. RIMPAC) include a PSI exercise event and to implement the Agreement of Maritime Transportation in South-North Korea.