• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.81-98
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• 2012

The Incoterms(R) 2010 rules take account of the continued spread of customs-free zones, the increased use of electronic communications in business transactions, heightened concern about security in the movement of goods and changes in transport practices. And the Guide to Incoterms(R) 2010 is the authoritative companion work to Incoterms(R) 2010, the ICC rules on the use of domestic and international trade terms. The guide responds to business needs for a better understanding of these ICC rules that are used in countless commercial transactions every day. But, contrary to the previous guidebook, there is many errors and mistake in the Guide to Incoterms(R) 2010 which should be amended. The purpose of this paper is to point out the problems and amend the errors and unify the expression in guidebook.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.359-389
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• 2011

The Rotterdam Rules, which was adopted in December 2008 by UNCITRAL, has underlying intention that it will provide uniform law for the international carriage of goods by sea and modernize transport law reflecting modern transport custom. However, it is also true that there are various conflicting views on the Rotterdam Rules. This article tried to analyze main controversial issues such as scope of application, basis of liability of the shipper and the carrier, exception th the volume contract, legal position of the freight forwarder, delivery of the goods from the both sides of view. The Rotterdam Rules exposes some problems in applying and interpreting the Rules as many people indicated. These problems, I think, mainly due to the extended scope of application and broader range of issues. However, I do not think that the Rotterdam Rules will serious affect to the international transport industry. Furthermore, it is unreasonable to expect perfect Rules satisfying every interests.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.181-210
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• 2009

This paper discusses global expansion and global strategies of shipping firms. Acknowledging the lack of research on global expansion by freight transport companies, this paper employs the resource-focused model, and explores "why shipping companies emerge" and "why the strategic behaviour of shipping companies is different in the global market". Despite there being a plethora of theoretical and empirical studies on the international operations of business organisations, it is acknowledged that researchers have largely neglected the issues regarding the international expansion within the freight transport industry. Identifying the general lack of contemporary studies concerning the international behaviour of shipping firms, this study addresses the important gap in our knowledge in the theoretical manner. The theoretical analysis suggests that the shipping company's internal resources can be a real reason for the international market participation.

• KDI Journal of Economic Policy
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• v.9 no.3
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• pp.95-120
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• 1987

본고(本稿)에서는 최근 북한(北韓)의 대서방(對西方) 합영노력(合營努力) 및 무역확대정책(貿易擴大政策)으로 대변되는 개방화정책(開放化政策)의 현황(現況)과 그 문제점(問題點)에 대하여 살펴보았다. 최근 북한(北韓)의 경제활성화(經濟活性化)를 위한 새로운 움직임은 중공(中共)과 같이 실용주의(實用主義)로서의 수정(修正)이나 사회주의시장경제체제(社會主義市場經濟體制)로의 전환(轉換)이 결코 아니고 경직(硬直)된 북한경제(北韓經濟)의 구조적(構造的) 침체(沈滯)를 타개하기 위한 방편에 불과하다. 즉, 관료적(官僚的) 중앙집권경제운용방식(中央集權經濟運用方式)을 따르는 북한(北韓)의 경우 경제개방(經濟開放)의 선행요건(先行要件)인 사적소유제도(私的所有制度)의 부분적(部分的) 허용(許容)과 경영관리개선(經營管理改善) 등 어느 정도의 시장기능도입(市場機能導入)이 이루어지지 않는 한 서방(西方)과의 합작투자(合作投資)에는 명백한 한계가 있을 것으로 판단된다. 또한 북한(北韓)의 산업(産業)은 대외경쟁(對外競爭)으로부터 보호되어 왔기 때문에 비교우위(比較優位)에 의한 국제적(國際的) 전문화(專門化)를 이룬 경험이 없고 외화부족(外貨不足), 기술낙후(技術落後), 사회간접자본(社會間接資本) 미비(未備) 등 제반 제약요인(制約要因)으로 북한(北韓)의 무역증대(貿易增大)는 크게 기대하기 어렵다.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.933-977
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• 2000

BOLERO project and TradeCard System are attracted public attention as new settlement method that is able to substitute for documentary letter of credit. BOLERO is the business processes and methods, together with the digital information system, which are provided by Bolero International for communicating Messages and Documents and facilitating business transactions. TradeCard aim to make international business-to-business e-Commerce easy, fast, inexpensive and secure while innovating current documentary compliance and financial settlement mechanisms. The main purpose of this paper is to search the possibility of paperless trade. Since, this paper examine the international legal feasibility of these systems and compare the strength and weakness.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.31
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• pp.59-78
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• 2006

The purpose of this research is to discuss the excepted perils of carriers, to expose moot points arising from the applications of the excepted perils of the carriers, and then to suggests improvements them. The methodology of this research depended largely upon a combination of the related precedents, international treaties related to the excepted perils of carriers. The excepted perils of carriers in marine carriage begin with extremely limited perils based on the receptum liabilities and the absolute liability principle in English common law. Proceed via the intemperate expansion of the excepted perils by the widespread diffusion of the principle of free contract. but via the American Harter Act, The Hague Rules, The Hague Visby Rules, and The Hamburg Rules Came contracted. This study conducted an analysis of the excepted perils for the carriers and suggests improvements in them but it remains regrettable that we are not in a position to sustain them since we are lacking is precedents connected with The Hamburg rules.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.85-106
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• 1999

To the extent that CISG and UNIDROIT Principles address the same issues, the rules laid down in the latter are normally taken either literally or at least in substance from the corresponding provisions of the former. Nevertheless, we may find cases where the latter depart from the former. The purpose of this paper is comparison of the two instruments, especially in part of contract formation. The result of this paper shows the fact that in the chapter of UNIDROIT Principles on formation provisions are included on the manner in which requirements that an offer and an acceptance must meet are more comprehensive, and in result a contract may be concluded more easily.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.107-132
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• 1999

The technology transfer agreements, which transfer technology from industrialized countries to developing countries, are subjected to control and restrictions in many developing countries in order to protect national interests. The licensors endeavour, therefore, to ensure that their activities fit satisfactorily into the technological policies and plans of the host countries, and contribute to the development of national scientific and technological potential, including the establishment and improvement in host countries of their capacity to innovate. Secondly, the licensors adopt in the course of their business activities practices which permit the rapid diffusion of technologies with due regard to the protection of industrial and intellectual property rights. Thirdly, the licensors endeavour to grant licenses for the use of industrial property rights or to otherwise transfer technology on reasonable terms and conditions.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.369-385
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• 2003

Contracts of carriage evidenced by bill of lading which are made between carrier and unidentified number of the shipper are to a large extent regulated by statute law such as Hague-Visby Rules and Hamburg Rules. These rules qualifies the contractual liberty of parties and especially restrains the carrier from introducing exemption from his liability beyond those admitted by the Rules. However, these Rules are applied only to goods in respect of which a bill of lading or similar document of title has been issued. In this reason, it is possible that liability of carrier in respect of goods shipped could become an issue where electronic bill of lading is used instead of paper bill of lading because electronic bill of lading is not generally recognised document of title in existing rule. Thus, this article discuss the relation between the carrier who create electronic bill of lading and the Rules regulating liability of carrier. Also, new Rules which has been examining in UNCITRAL will be introduced.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.317-341
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• 2003

The publication International Standard Banking Practice for the Examination of Documents under Documentary Letters of Credit (ISBP) is the product by a task force of the ICC Banking Commission. The ISBP is a practical complement to UCP 500, ICC’s universally used rules on documentary credits. The ISBP does not amend the UCP. It explains, in explicit detail, how the rules are to be applied on a day-to-day basis. It fills a needed gap between the general principles announced in the rules and the daily work of the documentary credit practitioner. By using the ISBP, document checkers can bring their practices in line with those followed by their colleagues worldwide. The result should be a significant reduction in the number of documents refused for discrepancies on first presentation.