比较分析压载水管理公约在韩国的应用-comparative analysis of bwms application in south korea.docxVIP

Preparation and Implementation of the Ballast Water Management Convention in Korea: A Comparative AnalysisAbstractDevelopment of shipping and trade has been one of reasons to introduce non- native species into new environment. Nowadays, ballast water is the primary cause of marine invasive species’ introduction. Even though most of these non-native species cannot survive in ballast water tank and new environment, some non-native species out-compete indigenous species and disturb local biological diversity. IMO recognized marine invasive species as the most threat to marine environment. In addition to damage to biology, marine invasive species harms economy and public health. Accordingly, the IMO member States adopted the ‘International Convention for the Control and Management of Ships’ Ballast Water and Sediments’ in 2004 to prevent marine invasive species’ introduction via ballast water. As a Contracting Parties to the Convention, Korea has enacted the ‘Ballast Water Management Act’ in 2007 (the amendment has been approved in 2014), and prepared legal mechanisms to implement the Convention.On the other hand, it has been suggested that the Convention itself has compliance difficulties because of complexity, uncertainty and difficulty predicting potential consequence of marine invasive species. However, these compliance difficulties can be complemented by making more stringent measures in domestic legislation.Therefore, this paper assesses how amendment of 2014 has complemented the B WM Act to better reflect provisions of the Convention and whether it has more stringe nt measures to supplement the compliance difficulties of the Convention. As for Kore an legal mechanisms, the paper accounts for current status and limitations and conside rs how to prepare the legal mechanisms to implement the Convention effectively by c omparing with the U.S and Australia. Meanwhile, the objectives of the Convention ca n be further achieved when harmonized implementation is carried o