• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.14
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• pp.103-152
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• 2000

English contract law has traditionally taken the view that it is not the duty of the parties to a contract to give information voluntarily to each other. In English law, one of the principal distinctions between insurance contract law and general contract law is the existence of the doctrine of utmost good faith in insurance law. The doctrine gives rise to a variety of duties, some of which apply before formation of the contract while others apply post-formation. This article is, therefore, designed to analyse the overall structure and problems of the doctrine of utmost good faith in English marine insurance law. The results of analysis are as following : First, the requirement of utmost good faith in marine insurance law arises from the fact that many of the relevant circumstances are within the exclusive knowledge of the assured and it is impossible for the insurer to obtain the facts to make a appropriate calculation of the risk that he is asked to assume without this information. Secondly, the duty of utmost good faith provided in MIA 1906, s. 17 has the nature as a bilateral or reciprocal, overriding and absolute duty. Thirdly, the Court of Appeal in Skandia held that breach of the pre-formation duty of utmost good faith did not sound in damages since the duty did not arise out of an implied contractual term and the breach did not constitute a tort. Instead, the Court of Appeal held that the duty was an extra-contractual duty imposed by law in the form of a contingent condition precedent to the enforceability of the contract. Fourthly, the scope of the duty of utmost good faith is closely related to the test of materiality and the assured is required to disclose only material circumstances subject to MIA 1906, s. 18(1) and 20(1). The test of materiality, which had caused a great deal of debate in English courts over 30 years, was finally settled by the House of Lords in Pan Atlantic and the House of Lords rejected the 'decisive influence' test and the 'increased risk' test, and the decision of the House of Lords is thought to accept the 'mere influence' test in subsequent case by the Court of Appeal. Fifthly, the insurer is, in order to avoid contract, required to provide proof that he is induced to enter into the contract by reason of the non-disclosure or misrepresentation of the assured. Sixthly, the duty of utmost good faith is, in principle, terminated before contract is concluded, but it is undoubtful that the provision under MIA 1906, s. 17 is wide enough to include the post-formation duty. The post-formation duty is, however, based upon the terms of marine insurance contract, and the duty lies entirely outside s. 17. Finally, MIA 1906, s. 17 provides expressly for the remedy of avoidance of the contract for breach of the duty. This means rescission or retrospective avoidance of the entire contract, and the remedy is based upon a fairly crude 'all-or-nothing' approach. What is needed in English marine insurance law is to introduce a more sophiscated or proportionate remedy.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.377-401
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• 1999

This study is focused on the privity of the contract of carriage of goods by sea, so to speak, privity between B/L holder and carrier by transfer of bill of lading, privity by attornment to delivery order and conflict between bills of lading and charterparty terms. Under a CIF contract, possession of the bill of lading is equivalent to possession of the goods, and delivery of the bill of lading to the buyer or to a third party may be effective to pass the property in the goods to such person. The bill of lading is a document of title enabling the holder to obtain credit from banks before the arrival of the goods, for the transfer of the bill of lading can operate as a pledge of the goods themselves. In addition, it is by virtue of the bill of lading that the buyer or his assignee can obtain redress against the carrier for any breach of its terms and of the contract of carriage that it evidences. In other words the bill of lading creates a privity between its holder and the carrier as if the contract was made between them. The use of delivery orders in overseas sales is commen where bulk cargoes are split into more parcels than there are bills of lading, and this practice gives rise to considerable difficulties. For example, where the holder of a bill of lading transferred one of the delivery orders to the buyer who presented it to the carrier and paid the freight of the goods to which the order related, it was held that there was a contract between the buyer and the carrier under which the carrier could be made liable in repect of damage to the goods. The contract was on the same terms as that evidenced by, or contained in, the bill of lading, which was expressly incorporated by reference in the delivery order. If the transferee of the delivery order presents it and claims the goods, he may also be taken to have offered to enter into an implied contract incorporating some of the terms of the contract of carriage ; and he will, on the carrier's acceptance of that offer, not only acquire rights, but also incur liabilities under that contract. Where the terms of the charterparties conflict with those of the bills of lading, it is interpreted as below. First, goods may be shipped in a ship chartered by the shipper directly from the shipowner. In that case any bill of lading issued by the shipowner operates, as between shipowner and charterer, as a mere receipt. But if the bill of lading has been indorsed to a third party, between that third party and carrier, the bill of lading will normally be the contract of carriage. Secondly, goods may be shipped by a seller on a ship chartered by the buyer for taking delivery of the goods under the contract of sale. If the seller takes a bill of lading in his own name and to his own order, the terms of that bill of lading would govern the contractual relations between seller and carrier. Thirdly, a ship may be chartered by her owner to a charterer and then subchartered by the chaterer to a shipper, to whom a bill of lading may later be issued by the shipowner. In such a case, the bill of lading is regarded as evidencing a contract of carriage between the shipowner and cargo-owners.

• Journal of Korea Port Economic Association
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• v.27 no.4
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• pp.13-35
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• 2011

The advancement of the information technology provides a wide range of corporate to cope with new business environments that are different in size, life and operation conditions. The Research methodology used in this study is Technology Acceptance Model. The Study Method are mainly survey and questionnaire. The major result of article can be summarized. Its are as the follows: This paper ware investigated the determinants of 'port service quality', 'perceived usefulness', 'perceived ease of use', 'utilization intention', 'practice use'. There are 400 sended samples and 150 returns, 173 of them are analyzed on a port utilization using TAM model. 1. The Port service quality are found to have a positive effect to 'perceived usefulness', 'perceived ease of use', 'utilization intention' 2. The perceived ease of use are found to have a positive effect to 'perceived usefulness', 'utilization intention' 3. The perceived usefulness is found to be positively related to 'utilization intention' 4. The utilization intention is found to have a positive effect to ''practice use' we hove to provide useful contribution to increase the Korea ports' competitiveness in introduction of port information system. In addition, in order to port development offer some insight in further research.

• Journal of Korea Port Economic Association
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• v.37 no.3
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• pp.55-74
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• 2021

The role of container ports contributes greatly to international trade and national or regional economic development by supporting maritime transportation and occupies a central position in the supply chain connecting sea and land. The performance(traffic volume) of a port generally depends on geographic, economic, and operational factors etc. For the past several decades, container port volumes have grown with fluctuation. This study amis to analyze how global ports have undergone changes in terms of cargo volume by region, size and period. For the analysis, only the volumes of global top 100 ports were used. Shift-share analysis and BCG matrix analysis were employed as methodologies. According to the result of the analysis, the relative volatility of port traffic over the past 16 years as a whole was found to be limited. On the other hand, ports in China and Southeast and Southwest Asia, which are economically growing for the last decades, showed growing trends, while ports in Northeast Asia and Europe appeared to be in a stagnant or declining phase. It also shows that most of the global ports maintain limited changes in cargo volume because they are already positioned as central ports in the region. In addition, it can be seen that the global port volume has a close relationship with the change in the economic capability of the relevant region or country.

• Korea Trade Review
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• v.43 no.6
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• pp.51-70
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• 2018

This study is to define the relationship between capital structure and the market share in the global shipping market, estimating the debt-equity ratio. To analyze the impact of the debt-equity ratio on market share, this study collected data from the 100 largest shipping companies from 2010 to 2017. Results identified that global shipping lines moderate their debt-equity rates to 62%, and all of them strategically utilize debt in order to increase market share in global shipping market. In comparison between the group focused on cargo volume and another group focused on freight rates, it is found that the group focused on cargo volume increase their handling cargo volume through increasing the debt rates. Another group used debt rate for reducing the freight rate and enhancing market power. Furthermore, after classifying the samples into high-growth and low-growth companies, this study compared the group focused on cargo volume and another group focused on freight rates. As a result, the low-growth group showed more significant impacts of the debt rate on market share than the high-growth group. The results of this study provide useful insight for future strategic decision making of shipping lines in the global shipping market.

• Korea Trade Review
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• v.43 no.5
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• pp.159-177
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• 2018

The container shipping sector is an important international logistics operation that connects open economies. Freight rates rapidly change as the market fluctuates, and staff related to the shipping market are interested in factors that determine freight rates in the container market. This study uses the Vector Error Correction Model(VECM) to estimate the impact of factors affecting container freight rates. This study uses data published by Clarksons. The analysis results show a 4.2% increase in freight rates when world container traffic increases at 1.0%, a 4.0% decrease in freight rates when volume of container carriers increases by 1.0%, a 0.07% increase in freight rates when bunker price increases by 1.0%, and a 0.04% increase in freight rates accompanying 1.0% increase in libor interests rates. In addition, if the current freight rate is 1.0% higher than the long-term equilibrium rate, the freight rate will be reduced by 3.2% in the subsequent term. In addition, if the current freight rate is 1.0% lower than the long-term equilibrium rate, the freight rate will decrease by 0.12% in the following term. However, the adjusting power in a period of recession is not statistically significant which means that the pressure of freight rate increase in this case is neglectable. This research is expected to contribute to the utilization of scientific methods in forecasting container freight rates.

• Journal of the Korean Society of Marine Environment & Safety
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• v.19 no.4
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• pp.366-374
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• 2013

Maritime transportation circumstance is changing rapidly in accordance with the increase of cargo volume between countries and increase of marine leisure activities by improvement of quality of life. And the circumstance for ship operation is also changing due to aging of seafarers and increasing of foreign seafarers. To cope with such changes in maritime environment well, it requires higher safety management skills from shipping companies, the main subject in charge of the safety matter. In this paper, we analyzed domestic and foreign similar system, and then applied imitation strategies for introduction of an unific evaluation and management system that was consist of marine accidents, port state control, ISM Code and so on from shipping companies. We defined that the imitation industry and system are converted accident ration of construction industry and traffic safety excellence company of road transportation, and then extracted relevant law, evaluation index, incentive system as a imitation subject. We also proposed scheme that introduction of basis law, and evaluation tool with marine accidents ratio, port state control & ism code result, and incentives such as immunity of safety inspection or reduction of commission for introduction of company's safety management level evaluation system. Finally, we proposed the imitation timing and plan in stages for system's sustainable development through the prompt introduction and continuous enforcement.

• Journal of Korean Port Research
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• v.11 no.1
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• pp.85-99
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• 1997

The improvements of berth productivity is closely related to berth/port systems and its relationship extends to the overall pattern of port development/logistics, transport and trade. Since ports in general and berths in specific function as a bridge transferring seaborne cargoes from seaside to landside and vice versa, berth productivity improvements should be considered in terms of the total system in which the cargoes are transported from origin to destination via berths/ports. In that respect, the objective of this study is to improve berth productivity which is a vital factor in the strategic planning in port development and operation and logistics. According to a literature survey on the subject, the contents of the studies have been limited to either a macro-perspective or a micro-perspective which is only a partial solution to the problem. Hence, this limitation requires an integrated approach to find and ultimate solution, which should be considered not separately, but as a whole. The contents and scope of this study cover the improvements of berth productivity in conjunction with strategic planning in port development. efficient operation and logistics from two different viewpoints, macro- and micro-perspective. After that, a combination of these two perspectives is applied to the integrated approach due to lacking a comprehensive perspective from either macro-approach or micro-approach. In reality, a port itself is a complex and dynamic organization. Therefore, a comprehensive insight needs an integrated approach for the long-term national economic development. In this approach, the utmost importance is how to find the bottlenecks and to solve the problems effectively from the beginning stage in port development. In conclusion, derived from the macro- and micro-perspective. the attempt to establish an integrated approach is the merit of this study, which is required as a comprehensive measure since none of the two can be a solution independently. In terms of reinforcing this study, it needs further empirical research due to the restriction of the theoretical method of this paper. Consequently, the reinforced research will be able to enhance the integrated approach on the basis of the conceptual perspective.

• Journal of the Korean Society of Marine Environment & Safety
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• v.26 no.4
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• pp.353-365
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• 2020

The quantitative increase in maritime transport for domestic and foreign trade is one of the main reasons for the increase in marine pollution accidents. Despite the implementation of relevant laws in each country to prevent and mitigate marine pollution accidents caused by ships, human negligence (carelessness, intention, etc.) by ship workers has been reported as the biggest cause of marine pollution accidents. One of the most effective ways to reduce marine pollution accidents caused by ships is to reduce human negligence through systematic education and training of ship workers. Therefore, this study aimed to review the appropriateness of the statutory education and training curriculum for ship marine pollution prevention managers in accordance with domestic laws and regulations such as the 「Marine Environment Management Act」 and suggest improvement measures. To this end, we compared and analyzed the legal training·general education courses related to the prevention of marine pollution and marine disasters in Japan, where the laws and systems are similar to Korea, and investigated the cases of legal training for experts in land pollution prevention in Korea.

• Journal of Korea Port Economic Association
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• v.39 no.3
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• pp.47-60
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• 2023

A thorough inventory of ship emissions, particularly ship's emission of in-port area is necessary to identify significant sources of exhaust gases such as NOx, SOx, PM, and CO₂ and trends in emission levels over time, and reduce their serious effects on the environment and human health. Therefore, the goal of this study is to assess the volume of emissions from ships in Mokpo port, which serves as a gateway to the southwest coast of Korea, using a bottom-up methodology and data from the automatic identification system (AIS) and the Korean Port Management Information System (Port-MIS). In this work, an analysis of ship movement utilizing AIS data and an actual set of data on ship specification were gathered. By examining ship movement using AIS data, We also proposed a new approach for identifying cruising/maneuvering mode. Finally, the results were classified by ship operating mode, by exhaust gas, by ship type, and by berth, which provides a thorough and in-depth analysis of the air pollution caused by ships in Mokpo port.