English law accepts the basic principle of freedom of contract that the parties should be free to agree on any terms that they like unless their agreement is illegal or otherwise contrary to public policy because it infringes some public interest. On the other hand, it has been limited for hundreds of years on the basis that certain contract terms, particularly in standard form, may alter a distribution of risks that the customer would reasonably intended. The alteration may often result from his simple ignorance caused by either lack of opportunity to become aware of clauses or inability to understand their full potential implications. In addition, it may also result from disparity in bargaining power which does not allow the customer to look after their own interests even if he is fully aware of the unacceptable clauses. In response to this problem, English law has employed both judicial and statutory intervention techniques to control unfair contract terms. This study describes and analyzes in detail how English law regulates such terms, particularly, in standard form, in order to provide legal advice to our sellers residing either in UK or in Korea who plan to enter into UK markets. It also attempts to explore any problem in the existing double legislations of UCTA and UTCCR and put forward future direction of English law in light of the Draft Unfair Terms Bill which was currently proposed by the Law Commissioners. The main concern of this paper will be confined to some of the various aspects of both judicial and statutory control of unfair contract terms in English law which may draw our attention in terms of domestic or international business sales.

The MIA 1906 is a very important rule for the practitioner in Korea since it is often selected as the governing law under the contract of cargo insurance. And we are using both the S.G policy and the new MAR policy. The new MAR policy has the basically different form of cover compared with the S.G policy. So we are a little confused whether some risks are covered or not under the selected clauses. The author considers which risks are covered or not under the specific clauses and compares the Institute cargo clauses with the MIA 1906.

Shipping protectionist measures are imposed to help the national fleet based on the protection that shares are low and that there are economic benefits from increasing them. Relative to the complexity of those objectives, protection is fairly simple and blunt instrument of policy. Shipping protectionist measures are classified into two groups on the basis of the nature of protectionist tools; finance-oriented and non-finance oriented instruments. The thesis aims to show non-finance oriented shipping instruments in the pre-WTO Period. Chapter 2 deals with the development of protectionism in shipping. Chapter 3 Classified non-finance oriented protection such as Cargo Reservation, Cargo Sharing and Cargo Control. Chapter 4 outlined and examined the effect of Non-Finance Oriented Shipping Instruments which was the most important in developing countries.

In this paper, I examined the trends of standardization and electronization of trade documents and SWIFT network. Also, I reviewed on emerging electronic documentary credit for electronic payment and electronic presentation of documents. New international trade customs and practices are being established and changed as a result of the growth of the Internet and other on-line networks. At the same time there is increasing pressure to move from existing paper-based documentary credit to electronic documentary credit. Several projects devoted to development of an electronic letter of credit infrastructure have recently been proposed such as Bolero, SWIFTNet, UNeDocs and eUCP, etc. Yet, little can be done until the presentation process is electrified between traders and banks. Also, interbank communication of letters of credit has long been electronic, mainly through the SWIFT. However, it is not functioned between applicant and beneficiary, although the solution of SWIFTNet has recently been developed. The Banking Commission of International Chamber of Commerce established a working group consisting of experts in the related fields to prepare the appropriate rules as a Supplement to UCP 500 for Electronic Presentation: eUCP. The eUCP will provide the necessary rules for the presentation of the electronic equivalents of paper documents under letters of credit. Some problems of electronic presentation under the eUCP, exist such as format, presentation of electronic records and the way of beneficiary's notice for completeness under the Article e5 if more than one record is to be presented electronically by third parties. Therefore, it is encouraged to provide more detailed guide for eUCP Article e5.

Legal sources of fraud rule in documentary letter of credit, which have their origin in Sztejn Case can be traced to various rules or laws of international or domestic level ; URCG, URDG and ISP98 as ICC Rules, and UNCITRAL Convention as an international uniform law, and UCC as a domestic law and U.K. cases. Among them the combination of "material fraud" in UCC ${\S}5-109$ and the detailed list of the types of misconduct in UNCITRAL Convention may provide the best solution or standard in real application of the fraud rule in letter of credit transaction.

Nowadays even if environment of international commercial transaction is changing quickly municipal law could not meet with such change accordingly. So far, however, efforts towards unification have prevailingly taken the form of binding instruments, such as non-national or supranational legislation, international conventions or international model laws. Among them, the UNIDROIT Principles with parties' autonomous and yet non-binding character do not only meet the substantive requirements of a true law merchant. In addition they also counter some of the main points of criticism against the modern lex mercatoria. As such the Principles constitute a cornerstone in the lex mercatoria debate and may become the heart of the new lex mercatoria. The purpose of this article is to ask whether there could be applied the Principles in international commerce. For the purpose it is to investigate when the Principles are applied in international commerce and how effectively the Principles are applied for the decision in international commercial disputes. Even though the Principles are used for reference by parties involved for the voluntary regulation of their contract, it is sufficiently expected that the Principles are to be a stepstone of uniform contract law in international commerce. Until now cases of appling the Principles are not satisfied with its expectation as a source of non-legislative means of unification or harmonization of law. Given the party's autonomy in the contract, this is among other things because business parties are strongly tend to observe their national laws in their international commerce. And also, even though there are a number of neutral and uniform regulations for international commercial contracts, parties do not often recognize their usefulness with being up to expectation. In order to explore the applicability of the Principles a number of cases of ICC International Court of Arbitration and others are quoted.