Legal institutionalization of risk management in aids to navigation placement: An analytical study on the implementation of IALA risk management tools

Abstract

This study examines the necessity of introducing the risk management tools adopted by the International Organization for Marine Aids to Navigation to enhance the adequacy of Aids to Navigation placement in the Republic of Korea. It proposes institutional directions to incorporate international standards into the domestic legal framework. The International Organization for Marine Aids to Navigation recommends conducting risk assessments using quantitative and qualitative methods. Major coastal states such as the United Kingdom, the United States, and Denmark have already integrated these approaches into their legal and policy systems to implement evidence-based aid to navigation. This study analyzes these international examples and argues for the need to codify the definition, procedures, and applications of risk assessment within domestic regulations. Furthermore, it contends that the legalization of risk management tools can be justified as not only a technical measure but also a constitutional duty of the state to prevent disasters and protect the public. This study examines risk management challenges and potential strategies to address them, as well. Finally, this study proposes measures to ensure coherence among legal and administrative domains and, thereby, establish an institutional foundation for evidence-based and prevention-oriented maritime policy.