• The Korean Journal of Air & Space Law and Policy
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• v.21 no.2
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• pp.71-96
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• 2006

This paper intends to describe the carrier's duty for the delivery of international air cargo and the carrier's liability for the illegal delivery of cargo under the Montreal Convention, lATA Conditions of Carriage for Cargo and judicial precedents. Under the Article 13 of Montreal Convention, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to it, on payment of the charge due and on complying with the conditions of carriage. And unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives. Under the Article 18 of Montreal Convention, the carrier is liable for damage sustained in the event of the destruction or less of or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air. And the carriage by air comprises by the period during which the cargo is in the carriage of the carrier. Under the Article 11 of lATA Conditions of Carriage for Cargo, carrier is liable to shipper, consignee of any other person for damage sustained in the event of destruction of loss of, or damage to, or delay in the carriage of cargo only if the occurrence which caused to the damage so sustained took place during the carriage as defined under Article 1. According to the precedent of Korean Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the airway bill by the bonded warehouse operator because the freight forwarder did not designate the bonded warehouse and did not hold the position of employer to the bonded warehouse operator. In conclusion, the carrier or freight forwarder should pay always attention the movement and condition of the cargo not to be liable for the illegal delivery of cargo.

• Journal of Korea Port Economic Association
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• v.39 no.3
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• pp.1-19
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• 2023

After being kept in bonded areas and bonded logistics warehouses, the level of information sharing and progress confirmation on the process until the cargo is released is insufficient, resulting in disputes and legal disputes related to unauthorized and illegal delivery of cargo. This study attempted to present the introduction of standard electronic documents as a way to solve problems such as delivery practices raised in the delivery of existing imported cargo and legal disputes related to unauthorized illegal delivery among import-related entities. The service provider who manages the bonded warehouse/logistics center in the hinterland of Busan New Port and the shipper service user who use the service were classified into two groups, and a survey was conducted to analyze the difference in perception between the two groups. As a result of the analysis, both groups judged that the introduction of standard electronic documents was necessary, and showed high expected effects in preventing and reducing erroneous shipments and preventing and improving unauthorized and illegal shipments. Discussions between related organizations, related parties, and subjects are needed first to introduce standard electronic documents of the entry and warehouse management system, and the actual participation of related entities such as service providers and service users will play a very important role in establishing the system.

• The Korean Journal of Air & Space Law and Policy
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• v.13
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• pp.151-166
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• 2001

• (The) Research of the performance art and culture
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• no.25
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• pp.291-332
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• 2012

Cham is the Buddhist ritual dance performed at the religious festival of Lamaism. It has been spread and performed at the Lamaist monastery of Tibet, India, Nepal, Bhutan and Monglia. The type and style of Cham are differntiated by the region and sect. However, they share the common aim of exorcising all evils symbolized by linga who resists the Buddhist dharma, and thereby celebrating the victory of Buddhism. This paper deals with the ritualistic concept and structure of Cham with a focus on Hemis Chetsu of Ladakh located at the extreme north of India. The festival is held to honor the birthday of $Padm{\bar{a}}sambhava$ who is the founder of Tibetan Buddhism in the 8th century. As a result, this paper drew the characteristics of Cham performance such as dance as the incarnation of sacred beings, ritualistic offering, visualization meditation as well as the ritual space as a mandala, the ritualistic intent of stylized acting, accumulative performance structure, the $Mahay{\bar{a}}nic$ motif of performance.

• International Commerce and Information Review
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• v.14 no.2
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• pp.389-409
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• 2012

The Switched Bill of Lading(SBL) has been in frequent use in recent years as intermediary trade increases with the growing number of companies' overseas subsidiaries. Its frequent use, though, has brought about disputes regarding its illegal issue. Although there are several legal cases regarding this, studies on this issue are hard to find. Therefore, this study tries to provide countermeasures and precautions against unlawful issues of SBL through examining the legal cases resulting from illegal issuing practices of SBL. When the Switched Bill of Lading is issued, the shipper, consignee, port of loading and unloading, and shipping date of the original bill of lading are usually changed. Statements which may put the shipper at a disadvantageous position may also be deleted and/or the bill of lading may be either divided or integrated when it is issued. However, if the carrier issues the SBL 1)without withdrawing original BL, 2)indicating the shipping date, port of loading and port of discharge falsely, or 3)deleting the statements which may give him disadvantages, it may be regarded as an illegal issue. These unlawful issues of SBL may pose a huge threat to the shipper, banks and the parties relating to the trade. That is, the shipper may take a substantial loss when the goods can be delivered to a third party by SBL without his collecting the proceeds. The issuing bank and the negotiating bank may also have their security rights to the goods hampered by the illegal and improper issue of SBL. In most cases, the carrier has no choice but to issue the SBL without collecting the original BL for fear of hurting the relationship with the intermediary traders. This practice of issuing more than two sets of BL may pose a potential risk to the carrier.

• The Southeast Asian review
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• v.27 no.2
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• pp.213-243
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• 2017

In the first half of 2016, Indonesian President Joko "Jokowi" Widodo continued his efforts to secure support from major political parties, often benefiting from internal party conflicts. During the tense campaign for the 2017 Jakarta gubernational election, however, blasphemy charges against incumbent "Ahok", an ethnic Chinese and Christian, put Jokowi in trouble. Led by radical Islamic organizations such as Front Pembela Islam (FPI), half a million people filled Jakarta's streets, calling for Ahok's arrest. The resurgence of identity politics questioned the boundaries of the Indonesian nation and its core premises on the relationship between religion and the state. In the realm of foreign policies, the Jokowi administration maintained its tougher stance against illegal fishing in its waters. In spite of Indonesia's clashes with Chinese vessels in the Natuna sea, however, it is unlikely that the tension will escalate uncontrollably, as the Jokowi administration is seeking investment from rich neighbors for building infrastructure, which will be his key legacy for the 2019 presidential election.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.2
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• pp.79-112
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• 2010

The Beijing Convention of 2010 taken together effectively establishes a new broader and stronger civil aviation security framework. This adoption would significantly advance cooperation in prevent of the full range of unlawful acting relation to civil aviation and the prosecution and punishment of offenders. First, the Beijing Convention of 2010 will require parties to criminalize a number of new and emerging threats to the safety of civil aviation, including using aircraft as a weapon and organizing, directing and financing acts of terrorism. These new treaties reflect the international community's shared effort to prevent acts of terrorism against civil aviation and to prosecute and punish those who would commit them. Second, this convention will also require States to criminalize the transport of biological, chemical, nuclear weapons and related material. These provisions reflect the nexus between non-proliferation and terrorism and ensure that the international community will act to combat both. Third, this Convention shall not apply to aircraft used in military, customs or police services. As a substitute, International Humanitarian Law will be applied in a case. Moreover, the National Jurisdiction and the application of the law will be extended farther. The treaty promotes cooperation between States while emphasizing the human rights and fair treatment of terrorist suspects.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.201-248
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• 2015

In Korea the number of unlawful interference act on board aircrafts has been increased continuously according to the growth of aviation demand, and there were 55 incidents in 2000, followed by 354 incidents in 2014, and an average of 211 incidents a year over the past five years. In 1963, a number of states adopted the Convention on Offences and Certain Other Acts Committed on Board Aircraft (the Tokyo Convention 1963) as the first worldwide international legal instrument on aviation security. The Tokyo Convention took effect in 1969 and, shortly afterward, in 1970 the Convention for the Suppression of Unlawful Seizure of Aircraft(the Hague Convention 1970) was adopted, and the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(the Montreal Convention 1971) was adopted in 1971. After 9/11 incidents in 2001, to amend and supplement the Montreal Convention 1971, the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation(the Beijing Convention 2010) was adopted in 2010, and to supplement the Hague Convention 1970, the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft(the Beijing Protocol 2010) was adopted in 2010. Since then, in response to increased cases of unruly behavior on board aircrafts which escalated in both severity and frequency,, the Montreal Protocol which is seen as an amendment to the Convention on Offences and Certain Other Acts Committed on Board Aircraft(the Tokyo Convention 1963) was adopted in 2014. Korea ratified the Tokyo Convention 1963, the Hague Convention 1970, the Montreal Convention 1971, the Montreal Supplementary Protocol 1988, and the Convention on the Marking of Plastic Explosive 1991 which have proven to be effective. Under the Tokyo Convention ratified in 1970, Korea further enacted the Aircraft Navigation Safety Act in 1974, as well as the Aviation Safety and Security Act that replaced the Aircraft Navigation Safety Act in August 2002. Meanwhile, the title of the Aviation Safety and Security Act was changed to the Aviation Security Act in April 2014. The Aviation Security Act is essentially an implementing legislation of the Tokyo Convention and Hague Convention. Also the language of the Aviation Security Act is generally broader than the unruly and disruptive behavior in Sections 1-3 of the model legislation in ICAO Circular 288. The Aviation Security Act has reflected the considerable parts of the implementation of national legislation under the Beijing Convention and Beijing Protocol 2010, and the Montreal Protocol 2014 that are the modernized international conventions relating to aviation security. However, in future, when these international conventions would come into effect and Korea would ratify them, the national legislation that should be amended or provided newly in the Aviation Security Act are as followings : The jurisdiction, the definition of 'in flight', the immunity from the actions against the aircraft commander, etc., the compulsory delivery of the offender by the aircraft commander, etc., the strengthening of penalty on the person breaking the law, the enlargement of application to the accomplice, and the observance of international convention. Among them, particularly the Korean legislation is silent on the scope of the jurisdiction. Therefore, in order for jurisdiction to be extended to the extra-territorial cases of unruly and disruptive offences, it is desirable that either the Aviation Security Act or the general Crime Codes should be revised. In conclusion, in order to meet the intelligent and diverse aviation threats, the Korean government should review closely the contents of international conventions relating to aviation security and the current ratification status of international conventions by each state, and make effort to improve the legislation relating to aviation security and the aviation security system for the ratification of international conventions and the implementation of national legislation under international conventions.

• Strategy21
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• s.46
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• pp.239-276
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• 2020

The failure of early economic sanctions aimed at hurting the overall economies of targeted states called for a more sophisticated design of economic sanctions. This paved way for the advent of 'smart sanctions,' which target the supporters of the regime instead of the public mass. Despite controversies over the effectiveness of economic sanctions as a coercive tool to change the behavior of a targeted state, the transformation from 'comprehensive sanctions' to 'smart sanctions' is gaining the status of a legitimate method to impose punishment on states that do not conform to international norms, the nonproliferation of weapons of mass destruction in this particular context of the paper. The five permanent members of the United Nations Security Council proved that it can come to an accord on imposing economic sanctions over adopting resolutions on waging military war with targeted states. The North Korean nuclear issue has been the biggest security threat to countries in the region, even for China out of fear that further developments of nuclear weapons in North Korea might lead to a 'domino-effect,' leading to nuclear proliferation in the Northeast Asia region. Economic sanctions had been adopted by the UNSC as early as 2006 after the first North Korean nuclear test and has continually strengthened sanctions measures at each stage of North Korean weapons development. While dubious of the effectiveness of early sanctions on North Korea, recent sanctions that limit North Korea's exports of coal and imports of oil seem to have an impact on the regime, inducing Kim Jong-un to commit to peaceful talks since 2018. The purpose of this paper is to add a variable to the factors determining the success of economic sanctions on North Korea: preventing North Korea's evasion efforts by conducting illegal transshipments at sea. I first analyze the cause of recent success in the economic sanctions that led Kim Jong-un to engage in talks and add the maritime element to the argument. There are three conditions for the success of the sanctions regime, and they are: (1) smart sanctions, targeting commodities and support groups (elites) vital to regime survival., (2) China's faithful participation in the sanctions regime, and finally, (3) preventing North Korea's maritime evasion efforts.

• Proceedings of KOSOMES biannual meeting
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• 2006.11a
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• pp.15-24
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• 2006

The hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to believe that the ship has vi-olated the laws and regulations of that State. Such pursuit must be commenced when the foreign ship or one of its boats is within the internal waters, the archi-pelagic waters, the territorial sea or the contiguous zone of the pursuing State, and may only be continued outside the territorial sea or the contiguous zone if the pursuit has not been interrupted. It is not necessary that, at the time when the foreign ship within the territorial sea or the contiguous zone recevies the order to stop, the ship giving the order should likewise be within the territorial sea or the contiguous zone. If the foreign ship is within a contiguous zone, as defined in article 33, the pursuit may only be undertaken if there has been a vio-lation of the rights for the protection of which the zone was established. The right of hot pursuit shall apply mutatis mutandis to violations in the ex-clusive economic zone or on the continental shelf, including safety zones around continental shelf installations, of the laws and regulations of the coastal State applicable in accordance with this Convention to the exclusive economic zone or the continental shelf, including such safety zones.