• International Commerce and Information Review
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• v.9 no.1
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• pp.169-186
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• 2007

The purpose of this study analyzes laying stress on Japan example that background of electronic issue of international meritime insurance policy is what, and is marched in some degree present. and this study presented what hereafter subject of electronic insurance plice is. The this paper is to study the current situations of trade financial EDI in Japan and problems in application of marine insurance contracts. The subject of electronic marine policy issue is as following in trade financing EDI. (1) application of electronic document in claim demand. (2) standardization of various documents and insurance plice data. (3) insurance compensation document that become Jeonjahwa in insurance accident settlement. (4) maritime Insurance policy agreement's establishment. (5) when is monopolized to third party, realization of electronic maritime insurance policy offer.

• Korea Trade Review
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• v.48 no.2
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• pp.153-174
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• 2023

Electronic bill of lading, Letter of Guarantee, Surrender B/L, Seaway Bill, etc. have been proposed as alternative tools to overcome the crisis of bill of lading, but the most useful of these is by far the Surrender B/L. However, since the Surrender B/L has various problems due to the absence of a legal basis, studies so far have been conducted focusing on these legal limitations or problems in use of the Surrender B/L. This study tried to empirically identify the factors that affect the spread of Surrender B/L by expanding this point of research view. A hierarchical regression analysis was conducted by acquiring 190 valid samples centered on member companies of the Korea International Freight Forwarders Association. In addition, the R program was used to diagnose the research data and analyze the degree of spread by region. As a result of the empirical analysis, it was found that the utilization of Surrender B/L increased due to the convenience and cost reduction effect of Surrender B/L and the apprenticeship training of forwarding companies. In addition, as a result of regional analysis, the spread of Surrender B/L was notable not only in neighboring regions but also even in areas far from Korea.

• Korea Trade Review
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• v.42 no.6
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• pp.111-129
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• 2017

According to the World Bank statistics, China's contribution to global economic growth during the year of 2013-2016 was estimated at 31.6 percent. This figure is even larger than 29.0 percent, the contribution by summing each contribution of the United States, EU and Japan. The Chinese commodity trade accounts for up to 11.5 percent of world trade volume. Thus, we can consider that the Chinese economy has a strong influence on the global economy. The primary purpose of this study is to analyze the contribution level of Chinese seaborne trade volume on world economy. First, this study conducted a time-lag analysis using Moran test, so we can find that China's level of contribution to global economic growth varies from time to time. The contribution of the first phase (1999-2007) was nearly three times higher than the contributions from the second phase (2008-2016), suggesting that the overall contraction of the global trade volume starting from the subprime mortgage crisis in 2008 has continued until recently and recovery has not even occurred. Second, using the econometrics model, this study conducted an regression analysis of the impact of Chinese imports and exports in chemicals, grain, steel, crude oil, and container on global economic growth. Fixed effects model with time series data has been applied to examine the effect of Chinese seaborne trade volume on global economic growth. According to the empirical analysis of this study, China's exports of steel products, exports of container, imports of containers, imports of crude oil and imports of grain have significant contributions to global economic growth. Estimates of China's exports of steel products, exports of container, imports of containers, imports of crude oil and imports of grain are 1.023, 1.020, 1.019, 1.007 and 1.006, respectively. For example, the estimated value 1.023 of China's exports of steel products means that the growth rate can be 1.023 times higher than the current world GDP growth rate if Chinese seaborne trade volume of exports of steel products increased by one unit (one million tons). This study concludes that the expansion of China's imports and exports should be realized first to increase the global GDP growth rate. The expansion of Chinese trade can lead to a simultaneous stimulus of production and consumption in China, which can even lead to global economic growth ultimately. Thus, depending on how much China's trade will be broaden in the future, the width of global economic growth can be determined.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.317-358
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• 2011

The purpose of this study aims to analyse the key differences of the sea waybill and electronic B/L in the international transport documents. Sea waybills look remarkably like ordinary bills of lading. Indeed, in two important ways, they are just like bills of lading: the front of the document will near a description of the quantity and apparent condition of the goods; and the back of the document provides evidence of the terms of the contract of carriage. They differ from bills of lading in that, far from indicating that the goods described are deliverable to the order of the shipper or of the consignee, they will make it explicit that the goods are deliverable only to the consignee. Again, different carries will do thai in a variety of ways. For example, the document may call itself non-negotiable, omitting the word order from the consignee box on the front of the document, and stating explicitly that the goods will be deliverable to the consignee or his authorised representative on proper proof of identity and authorisation. The Hague-Visby Rules and Hamburg Rules give no guidance as to any right to instruct the carrier in respect of goods while they are in transit. However, in applying Article 50 of the Rotterdam Rules, in particular when applying it in the context of seawaybills, straight bills of lading or ship's delivery orders, regard would need to be had to preserve the shipper's rights under any of those three documents even after the buyer of goods covered by them has acquired rights of its own. And, the right of control is defined at Article 1.12 of the Rotterdam Rules. The right to give instruction is further limited by the terms of Article 50.1 to three particular types of instruction in respect of the goods, relating broadly to the goods, their delivery en route, and the identity of the consignee. And, the CMI formulated the CMI Uniform Rules for Sea Waybills for voluntary incorporation into any contract of carriage covered by such a document. Recognising that neither the Hague nor the Hague-Visby Rules are applicable to sea waybills, the CMI Rules provide that a contract of carriage covered by a waybill shall be governed by whichever international or national law, if any, would have been compulsorily applicable if the contract had in fact been covered by a bill of lading or similar document of title.

• Journal of Navigation and Port Research
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• v.34 no.6
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• pp.487-492
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• 2010

Ulsan Port is the biggest base port for liquid cargoes in Korea and is pushing in earnest for the development of the 'Ulsan New Port' and 'Northeast Asia Oil-Hub' to prepare for continuous shipment growth. However, Ulsan is in the situation which the harbour limit and anchorages are narrower than other trading ports and the occurrence probability of marine accidents is very high due to heavy marine traffic. We will find and suggest the plan to enlarge the harbour limit essentially needed to expand anchorages considering the geomorphological features of Ulsan and the volume of marine traffic in this research. For the enlargement of harbour limit needed to expand anchorages, the anchorage area needed for Ulsan New Port was calculated after the quantitative analysis of enlargement range through the mutual comparison of the area of harbour limit and anchorages with berths and the volume of marine traffic. The reasonable type of harbour limit, which is based on the survey by a group of experts, was also determined after the decision of the range of harbour limit to accommodate the relevant anchorages.

• Journal of Korea Port Economic Association
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• v.39 no.3
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• pp.123-140
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• 2023

Maritime transportation is one of the oldest means of transportation utilized by mankind, and it has significantly contributed to the advancement of civilization by efficiently transporting bulk cargo at a low cost. The study aim to identify the factors influencing the selection of shipping companies in the bulk shipping market and provide insights for improving the competitiveness of shipping-related companies. To achieve this goal, the Analytic Hierarchy Process (AHP) was employed. For the empirical analysis, previous research, interviews, and a pilot test were conducted to identify five top-level factors such as companies, vessels, operations, services, and transaction factors. Each top-level factor has four sub-factors. The results of the analysis, based on 80 valid questionnaires, are as follows: Firstly, in the selection of shipping companies, the priority of factors influencing the choice of shipping companies was as follows: vessel factors were the most important, followed by company, operations, relationship, and service factors. Secondly, when investigating the priority of sub-factors, the availability/appropriateness of vessels was the most crucial factor, followed by company characteristics, financial soundness, and the company's reputation in order. The implications of these findings suggest that shipowners should focus on securing more suitable vessels and enhancing their reputation in response to shippers' demand. Shippers, on the other hand, should consider maintaining a healthy financial structure as a crucial task in securing competitive shipping service providers.

• Journal of Navigation and Port Research
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• v.47 no.6
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• pp.350-357
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• 2023

Marine accidents frequently occur due to the unreasonable operation of ships excluded from ship departure control during marine special weather warnings within smooth water areas. Coastal wave buoys installed in smooth water areas are major reference indicators for ship departure control and can be seen as being directly connected to the safety of ships navigating smooth water areas and the coast. In this study, the location appropriateness of currently operating coastal wave buoys and additional installation in the smooth water areas were assessed by analyzing coastal marine accidents over the past 30 years (1991-2020), the main wind direction and wind speed of each major trading port, and the GICOMS ship track data in 2018. The study results showed that an additional coastal wave buoy should be installed at each of the major trading ports(Inchon Port, Pohang Port, Ulsan Port, and Busan Port) and that the location of the coastal wave buoy needs to be moved in the case of Busan Port. Based on various data analysis in this study, the suggestion for an additional installation and movement of the coastal wave buoy presented in this study is expected to contribute to improving the reliability of ship departure control and resolving safety blind spots.

• Maritime Security
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• v.8 no.1
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• pp.41-71
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• 2024

In international armed conflict, 'the contraband of war' under 'the law of neutrality' was developed to balance the interests of belligerents' belligerent rights and neutrals' economic interests and it began to change and evolve with the development of trade in the 19th century. The scope of material control expanded during the First and Second World Wars and continues to this day. In particular, a trend toward preventing the military use of 'conditional contraband' that could be used for both military and civilian purposes. In the process, the law regulating contraband of war expanded conceptually to become an 'international export control system' led by international organizations. Today, the contraband of war is still in effect, but there are no laws or guidelines related to the contraband of war in Korea in case of an emergency for the Korean Peninsula. Considering that it is an international practice to create and publicize a list of the contraband of war, it is necessary for Korea to prepare for it. Therefore, this paper examines the historical origins and development of the law regulating of war under the law of neutrality and examines the state practice of the contraband of war control over time. In doing so, this paper will examine the implications of the law regulating contraband of war for the Korean Peninsula through changing in the law regulating contraband of war and state practice.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2010.04a
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• pp.448-452
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• 2010

The traditional Aids to Navigations(AtoN) have been ensuring the safety of ships by indicating the passage and dangers by depending on the flashing lights. But the more the industrial complex behind port which is all over the country involving the Ulsan port developed, the more the lights behind port is stronger, and then the distinguishment of the signal of AtoN from the lights behind port is more difficult. And It is urgently needed to prepare the counterplan about the ensurement of safety because the authorities levels up the limit tonnage of the ships which are sail in and out during night to improve the operation of port through reducing of the traffic jam So, the method of direct lighting like LED non-neon is applied to unmanned lighthouses or light beacon, and the LED flashing number plate is applied to light buoys whose light power is weaker than to improve distinguishment and to be easy positioning of ships. As a result, the users of Ulsan port comment favorably on this item and the development of AtoN must be continuos to overcome the lights behind port.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.33
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• pp.191-219
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• 2007

Section 39(5) of Marine Insurance Act 1906 concerns the case where with the privity of the assured, the ship is sent to sea in an unseaworthy state. The underwriters argue that the assured had"blind-eye knowledge" of the particular respect in which the ship was unseaworthy. Blind-eye knowledge requires a conscious reason for blinding the eye. There must be at least a suspicion of a truth about which one do not want to know and which one refuse to investigate. What has caused greater difficulty is the broad provision in s.17 which appears to be unlimited in its scope. The expression "utmost good faith" appears to derive from the idea of uberrimae fidei, words which indeed appear in the sidenote. The concept of uberrima fides does not appear to have derived from civil law and it has been regarded as unnecessary in civilian systems. S.17 raises many questions. But only two of them are critical to the decision of the present appeal-the fraudulent claim question and the litigation question. It is however necessary to discuss them in the context of a consideration of the problematic character of s.17. In the Star Sea Case, for the defendants to succeed in their defence under this part of the case the defendants have to show that claim was made fraudulently. They have failed to obtain a finding of fraud. It is not enough that until part of the way through the trial the owners failed to disclose to the defendants would have wished to see in order to provide them with some, albeit inadequate, evidential support for their alleged defence under s.39(5). The defence under s.17 fails. The Purpose of this work is to analyze the Star Sea Case, and to explore problems of the MIA relating to the judgement of this case.