• Title/Summary/Keyword: 국제운송협약

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The Carrier Liability System from the View Point of Chinese Civil Aviation Law (중국민용항공법상 항공운송인의 책임제도)

  • Kim, Sun-Ihee;Wu, Chun-Yan
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.2
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    • pp.199-220
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    • 2004
  • The Montreal Convention which came into force on November 4, 2003 over the world, has brought a fundamental change to the scope of carrier liability and expanded the sue scope of the carrier. Not only confirms the carrier liability, it also reflects the effects of code-share. In addition to integrate the existing principles that adopted by many conventions, the Montreal Convention has systematized the unity of international air transport into a single convention. It even successfully increased the extremely low compensation amount which was pointed out as a problem in the Warsaw Convention before. The Warsaw Convention, originally stood for the carriers, began to reflect the standpoint of the passengers. The Chinese Civil Aviation Law came into force on March 1, 1996. One of the significant characteristics of the law is that, the regulation on public and private law is mixed combined. Therein, the content of carrier liability system is prescribed in Chapter 9, which is explained in detail in this study. Besides, the relationship between the Montreal Convention and China will be expounded too. So far, China ranks the 5th in RPK and the 6thin FrK. However, in spite of the high ranks, China has not yet joined this convention. This can be regarded as a serious problem. China should join it as soon as possible for a further development and deeper cooperation with the air-industry-developed countries. Once the government ratifies the Montreal Convention, it will benefit both the Chinese passengers and the airlines.

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A study on the AVI/AEI International standardization and development of the Korea standard (AVI/AEI 국제표준 동향과 국내표준 개발에 관한 연구)

  • Kim Woong-Yi;Kang Kyung-Woo
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.2 no.1 s.2
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    • pp.1-13
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    • 2003
  • This International Standard establishes an AVI/AEI System based on radio frequency technologies. This system is intended for general application in ITS. Specially, It allows the transfer of the identification codes and further information about equipment and vehicles used in intermodal transport into such CVO and information systems related to Intermodal Transport processes. The aim of this standard is to define, describe and specify Architecture, System Parameters, Numbering/ Data structures and interface related to an AVI/AEI system to provide an enabling Standard, which, whilst allowing the system specifier to determine the performance levels and operating conditions, provides a framework for nominal interoperability. The Standard is to establish a common framework to achieve unambiguous identification in AVI/AEI applications. Thes is AVI/AEI is designed to be an 'enabling' structure to allow interoperability between different commercial systems, and not prescriptive in determining any one system. The ISO TC204 WG4 has eight active work items. A new WI on ERI is progressing quickly; three WIs for the road environment and four multimodal WIs are under development. All Work Items are joint between CEN TC278 and ISO TC204 according to the Vienna Agreement, with CEN in the lead. The work is progressing with some delay. For all the work items, the countries who have appointed experts we: Australia, Austria, Belgium, Canada, Czech, Denmark France, Germany, Japan, Korea, the Netherlands, Norway, Spain, Sweden, UK and USA. There are 30 registered experts. The study focus on the AVI/AEcl standardization and developing of the Korea standard

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A Study on Aviation Safety and Third Country Operator of EU Regulation in light of the Convention on international Civil Aviation (시카고협약체계에서의 EU의 항공법규체계 연구 - TCO 규정을 중심으로 -)

  • Lee, Koo-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.1
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    • pp.67-95
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    • 2014
  • Some Contracting States of the Chicago Convention issue FAOC(Foreign Air Operator Certificate) and conduct various safety assessments for the safety of the foreign operators which operate to their state. These FAOC and safety audits on the foreign operators are being expanded to other parts of the world. While this trend is the strengthening measure of aviation safety resulting in the reduction of aircraft accident. FAOC also burdens the other contracting States to the Chicago Convention due to additional requirements and late permission. EASA(European Aviation Safety Agency) is a body governed by European Basic Regulation. EASA was set up in 2003 and conduct specific regulatory and executive tasks in the field of civil aviation safety and environmental protection. EASA's mission is to promote the highest common standards of safety and environmental protection in civil aviation. The task of the EASA has been expanded from airworthiness to air operations and currently includes the rulemaking and standardization of airworthiness, air crew, air operations, TCO, ATM/ANS safety oversight, aerodromes, etc. According to Implementing Rule, Commission Regulation(EU) No 452/2014, EASA has the mandate to issue safety authorizations to commercial air carriers from outside the EU as from 26 May 2014. Third country operators (TCO) flying to any of the 28 EU Member States and/or to 4 EFTA States (Iceland, Norway, Liechtenstein, Switzerland) must apply to EASA for a so called TCO authorization. EASA will only take over the safety-related part of foreign operator assessment. Operating permits will continue to be issued by the national authorities. A 30-month transition period ensures smooth implementation without interrupting international air operations of foreign air carriers to the EU/EASA. Operators who are currently flying to Europe can continue to do so, but must submit an application for a TCO authorization before 26 November 2014. After the transition period, which lasts until 26 November 2016, a valid TCO authorization will be a mandatory prerequisite, in the absence of which an operating permit cannot be issued by a Member State. The European TCO authorization regime does not differentiate between scheduled and non-scheduled commercial air transport operations in principle. All TCO with commercial air transport need to apply for a TCO authorization. Operators with a potential need of operating to the EU at some time in the near future are advised to apply for a TCO authorization in due course, even when the date of operations is unknown. For all the issue mentioned above, I have studied the function of EASA and EU Regulation including TCO Implementing Rule newly introduced, and suggested some proposals. I hope that this paper is 1) to help preparation of TCO authorization, 2) to help understanding about the international issue, 3) to help the improvement of korean aviation regulations and government organizations, 4) to help compliance with international standards and to contribute to the promotion of aviation safety, in addition.

Emergency response system for safe operation of ships (선박 안전운전을 위한 응급대응 시스템 설계)

  • Kim, Yong Su
    • Smart Media Journal
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    • v.5 no.3
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    • pp.81-87
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    • 2016
  • In line with the sharp increase of container traffic from globalization, ships have become larger with an aim of improving the maritime transport capacity in addition to the growing interest in monitoring danger areas on ships considering the quantity increase of ships, along with the tightening of international standard for ship safety by IMO(international Maritime Organization). Korea established a location based ship accident forecasting and preventing system in 2012 by Korea Coast Guard, however its poor response in ship accidents has been pointed out in the wake of the recent disaster of Sewol ferry. To resolve this problem, this study attempts to design a wearable type, instant emergency response system that has DGPS to issue an alert on danger areas and automatically send ship's location and operation information in emergency situation.

Right of disposition of cargo and Air waybill (송하인의 운송물 처분청구권과 항공화물운송장)

  • Nam, Hyun-Sook;Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.177-199
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    • 2015
  • Commerce enriches human life enriched and within commerce, transportation of cargo is arguably the most important in business transactions. Traditionally, marine transport has been major commercial transaction, but carriage cargo by air is on the increase. While the fare for freight in comparison with that of ocean is higher, air freight has many benefits that justify the higher shipping fee; lower insurance premium, packing charges, inventory control, cost management and especially speed. Therefore, air freight transport is accumulating gradually. An air waybill(AWB) is needed in the air transport flow. It is a nonnegotiable security, so the holder cannot transfer of a right to a third party. Some scholars suggest that a negotiable AWB is needed. However, it seems nearly impossible to do so; an e-AWB use shows a gain in numbers, even if it has not met expectations. Going forward, it would appear reasonable to conduct a follow-up study on the utility and legal problem for e-AWB. After sending goods, the consignor has the right of disposition of cargo in some cases, and more research is necessary, because it is related to change of ownership and a trade settlement. According to WATS (World Airlines Transport Statistics), the Korean Air took third place in international freight in 2014, and fifth in total, domestic and international to great acclaim. However, there is a lack of research supporting the business showing. It is hope that more studies on e-AWB, stoppage in transit, and a risk of outstanding amount, etc. connect to develop Korean air freight industry.

Aviation Safety Regulation and ICAO's Response to Emerging Issues (항공안전규제와 새로운 이슈에 대한 ICAO의 대응)

  • Shin, Dong-Chun
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.207-244
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    • 2015
  • Aviation safety is the stage in which the risk of harm to persons or of property damage is reduced to, and maintained at or below, an acceptable level through a continuing process of hazard identification and risk management. Many accidents and incidents have been taking place since 2014, while there had been relatively safer skies before 2014. International civil aviation community has been exerting great efforts to deal with these emerging issues, thus enhancing and ensuring safety throughout the world over the years. The Preamble of the Chicago Convention emphasizes safety and order of international air transport, and so many Articles in the Convention are related to the safety. Furthermore, most of the Annexes to the Convention are International Standards and Recommended Practices pertaining to the safety. In particular, Annex 19, which was promulgated in Nov. 2013, dealing with safety management system. ICAO, as law-making body, has Air Navigation Commission, Council, Assembly to deliberate and make decisions regarding safety issues. It is also implementing USOAP and USAP to supervise safety functions of member States. After MH 370 disappeared in 2014, ICAO is developing Global Tracking System whereby there should be no loophole in tracking the location of aircraft anywhere in world with the information provided by many stakeholders concerned. MH 17 accident drove ICAO to install web-based repository where information relating to the operation in conflict zones is provided and shared. In addition, ICAO has been initiating various solutions to emerging issues such as ebola outbreak and operation under extreme meteorological conditions. Considering the necessity of protection and sharing of safety data and information to enhance safety level, ICAO is now suggesting enhanced provisions to do so, and getting feedback from member States. It has been observed that ICAO has been approaching issues towards problem-solving from four different dimensions. First regarding time, it analyses past experiences and best practices, and make solutions in short, mid and long terms. Second, from space perspective, ICAO covers States, region and the world as a whole. Third, regarding stakeholders it consults with and hear from as many entities as it could, including airlines, airports, community, consumers, manufacturers, air traffic control centers, air navigation service providers, industry and insurers. Last not but least, in terms of regulatory changes, it identifies best practices, guidance materials and provisions which could become standards and recommended practices.

A Study on the Legal Issues in Space Tourism (우주여행의 법적문제에 대한 고찰)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.215-239
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    • 2011
  • We are now entering the era of Commercial Space Transportation with the rapid commercialization of space. Commercial Space Tourism will be realized first of all in the commercial space transportation and the spacecraft is developing for it led by private enterprise such as Virgin Galatic and XCOR Aerospace. The spacecraft for space tourism is developed as Reusable Launch Vehicle(RLV). RLV Spaceship I & II manufactured by the Scaled Composites for Virgin Galatic had completed experimental flight successfully and is going to put to the operation for space travel around the year 2012. In our country, Yecheon Astro-Space Center located in Yecheon, Kyungbuk Province, signed a binding-MOU with XCOR Aerospace and going to start space travel in the year 2013 with the spacecraft LYNX MARK-II. Thus, now space travel has become a reality to us. But it is also reality that there's no study by legal basis preparing for the space tourism domestically and internationally. In this regards, this thesis dealt with legal issues related to space tourism. These are as follows : (1) the applicabe law issue that is which law between air law and space law will apply, (2) the status of space tourist issue that is space tourist can be considered as personnel of a spacecraft and/or space flight participant and has the duty to obey the order of the captain of spacecraft, (3) the responsibility of the government for the non-governmental entities such as private enterprise which involved in space tourism in case space accident occurs during the space travel, (4) license permit and supervision issue by the government (In this point, for activating the market of the space tourism, I think it is essential to guarantee the safety of the spacecraft by the government authority, though U. S. government declared that it has not certified the launch vehicle as safe for carrying crew or space flight participants), (5) registration issue, (6) space insurance issue. For all the issues mentioned above, I have studied the existing international treaties and several country's domestic law to the space by referring U.S's Commercial Space Launch Amendment Act of 2004 and New IGA of 1998 and concluded that uniform legal regime to govern these issues should be established domestically and internationally in the near future.

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New Regulatory Formulation Approaches for IMO Maritime Safety Regulations (국제해사기구 해사안전규정의 새로운 제정방향에 대한 연구)

  • Park, Joo sung;Ha, Weon jae
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.22 no.7
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    • pp.773-781
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    • 2016
  • The present SOLAS Convention has maintained safety regulations in a largely prescriptive form and this has become overly prescriptive now. The prescriptive rules do not properly reflect technical advances and changing environments in the maritime sector in a timely manner. The purpose of this study is to provide preliminary research to lay a foundation for the development of a new regulatory framework based on safety performance which is not a prescriptive rule making bases. This study reviewed the concept and characteristics of a minimum requirement, the implications of safety regulations in terms of strategic, commercial and technical aspects, the compensative correlation between constructional requirements and operational measures, the concept of safety with regard to final stage confirmation of functions, expansion of implementers and objects of safety regulations, and the balance between safety and environmental protection requirements. Based on these research, 10 principles for the rule formulation process has been suggested such as consideration on the hardware requirements and software requirement, the multi-stage approval concept, new safety concerns for complex shipboard systems, considerations on the human element, regulatory impact assessments and measures to reduce administrative burdens.

The Limitation of Air Carriers' Cargo and Baggage Liability in International Aviation Law: With Reference to the U.S. Courts' Decisions (국제항공법상 화물.수하물에 대한 운송인의 책임상한제도 - 미국의 판례 분석을 중심으로 -)

  • Moon, Joon-Jo
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.2
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    • pp.109-133
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    • 2007
  • The legal labyrinth through which we have just walked is one in which even a highly proficient lawyer could easily become lost. Warsaw Convention's original objective of uniformity of private international aviation liability law has been eroded as the world community ha attempted again to address perceived problems. Efforts to create simplicity and certainty of recovery actually may have created less of both. In any particular case, the issue of which international convention, intercarrier agreement or national law to apply will likely be inconsistent with other decisions. The law has evolved faster for some nations, and slower for others. Under the Warsaw Convention of 1929, strict liability is imposed on the air carrier for damage, loss, or destruction of cargo, luggage, or goods sustained either: (1) during carriage in air, which is comprised of the period during which cargo is 'in charge of the carrier (a) within an aerodrome, (b) on board the aircraft, or (c) in any place if the aircraft lands outside an aerodrome; or (2) as a result of delay. By 2007, 151 nations had ratified the original Warsaw Convention, 136 nations had ratified the Hague Protocol, 84 had ratified the Guadalajara Protocol, and 53 nations had ratified Montreal Protocol No.4, all of which have entered into force. In November 2003, the Montreal Convention of 1999 entered into force. Several airlines have embraced the Montreal Agreement or the IATA Intercarrier Agreements. Only seven nations had ratified the moribund Guatemala City Protocol. Meanwhile, the highly influential U.S. Second Circuit has rendered an opinion that no treaty on the subject was in force at all unless both affected nations had ratified the identical convention, leaving some cases to fall between the cracks into the arena of common law. Moreover, in the United States, a surface transportation movement prior or subsequent to the air movement may, depending upon the facts, be subject to Warsaw, or to common law. At present, International private air law regime can be described as a "situation of utter chaos" in which "even legal advisers and judges are confused." The net result of this barnacle-like layering of international and domestic rules, standards, agreements, and criteria in the elimination of legal simplicity and the substitution in its stead of complexity and commercial uncertainty, which manifestly can not inure to the efficient and economical flow of world trade. All this makes a strong case for universal ratification of the Montreal Convention, which will supersede the Warsaw Convention and its various reformulations. Now that the Montreal Convention has entered into force, the insurance community may press the airlines to embrace it, which in turn may encourage the world's governments to ratify it. Under the Montreal Convention, the common law defence is available to the carrier even when it was not the sole cause of the loss or damage, again making way for the application of comparative fault principle. Hopefully, the recent entry into force of the Montreal Convention of 1999 will re-establish the international legal uniformity the Warsaw Convention of 1929 sought to achieve, though far a transitional period at least, the courts of different nations will be applying different legal regimes.

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A Discussion on Container Loss Accidents and Responses During Ship Voyage (선박 운항 중 컨테이너 해상유실 사고 및 대응에 관한 고찰)

  • Hwang, Daejung
    • Journal of Navigation and Port Research
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    • v.46 no.4
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    • pp.331-337
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    • 2022
  • In 2021, the Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection (GESAMP), a U.N. advisory research institute, cited container loss as one of six sources of marine litters in shipping. The sinking of the X-P ress Pearl in May 2021 caused a catastrophic environmental pollution accident in which the loaded containers were moved to the shore, and the plastic pellets were loaded inside covered the coast of Sri Lanka. With this history, the International Maritime Organization (IMO) will discuss prevention and follow-up measures for container loss during ship voyages, as an agenda at the 8th Sub Committee on Carriage of Cargoes and Containers meeting in September 2022. To establish Korea's response direction at the IMO meeting, this study identified major causes of container loss accidents, and considered the response through analysis based on the accident investigation report and related professional data. As a result, it was found that the major cause of container loss during voyages was the enlargement of container ships, bad weather, and poor loading of containers. In particular, the need to prepare countermeasures for the deterioration of the operational safety of large container ships due to bad weather was identified. Additionally, integrated monitoring of the implementation of international conventions is required, for the safe sea transportation of container cargo. In particular, in terms of preservation of the marine environment, it is necessary to supplement the system for the recovery of lost containers. Finally, it was found that it is necessary to establish systems that can complement each other in the shipbuilding and shipping industries, in terms of shipbuilding as well as ship operation, to fundamentally prevent container loss accidents at sea. It is judged that it is difficult to resolve the various factors of container loss at sea during voyages, by responding from an individual perspective.