• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.71
• /
• pp.171-194
• /
• 2016

In the UK, the legal principle for the duty of disclosure established in Carter v Boehm case was codified in the Marine Insurance Act 1906("MIA"). The duty of disclosure under the MIA is the pre-contractual duty by the insured and therefore, the insured should disclose the every material circumstance that would influence a prudent insurer's judgement. If the insured violates the duty of disclosure, the insurer is entitled to avoid the insurance contract, regardless of whether there was the deliberate or reckless breach, which is unfavorable to the insured. The Law Commission reviewed the duty of disclosure under the MIA in detail and provided the Insurance Act 2015 for the purpose of enhancing the interests of the insured. The Insurance Act 2015("Act"),while the basic legal structure of the duty of disclosure under the MIA still remains, amends it in respect of non-consumer insurance and furthermore, integrate the duty of disclosure and the duty not to misrepresent into the duty of fair presentation of risk. And according to the Act, the insurer is required to more actively communicate with the insured before entering the contract with the result that, if the insured fails to disclose the material circumstance but provides the sufficient information to put the insurer on notice, the insurer should further inquire for the purpose of the insured's revealing the material circumstance. In addition, the Act details the insured's constructive knowledge of material circumstance by reviewing the current case law and introduces a new system for the insurer's proportionate remedy against the insured's breach of the duty of fair presentation of risk.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.13
• /
• pp.411-437
• /
• 2000

It is unsafe to attempt a complete definition of the expression 'perils of the seas', because in practice the question 'what is a peril of the seas' is inextricably woven up with the further question, 'was the loss proximately caused by the sea peril ?' Such casualties as stranding, collision and heavy weather appear with monotonous regularity in the daily reports, and are the obvious examples. However, what can be included in the term 'perils of the seas' seems to be inexhaustible, although most circumstances appear to have been covered by the Courts. Two cases heard in 1887 were instrumental in defining perils of the seas. In The Xantho Lord Herschell made the following remarks: "The term ... does not cover every accidents or casualty which may happen to the subject matter of insurance on the sea. It must be a peril 'of' the sea. Not every loss or damage of which the sea is the immediate cause is covered by these words. They do not protect, for example, against that natural and inevitable action of the winds and waves which results in what may be described as wear and tear. There must be some casualty, something which could not be foreseen as one of the necessary incidents of the adventure. The purpose of the policy is to secure an indemnity against accidents which may happen, not against events which must happen. ... If a vessel strikes upon a sunken rock in fair weather and sinks, this is a loss by perils of the sea."

• Korean Journal of Remote Sensing
• /
• v.39 no.5_4
• /
• pp.1173-1183
• /
• 2023

Over the past 20 years, Korea's overall import and export cargo volume has increased at an average annual rate of approximately 5.3%. About 99% of the cargo is still being transported by sea. Due to recent increases in maritime cargo volume, congestion in maritime logistics has become challenging due to factors such as the COVID-19 pandemic and conflicts. Continuous monitoring of ports has become crucial. Various ground observation systems and Automatic Identification System (AIS) data have been utilized for monitoring ports and conducting numerous preliminary studies for the efficient operation of container terminals and cargo volume prediction. However, small and developing countries' ports face difficulties in monitoring due to environmental issues and aging infrastructure compared to large ports. Recently, with the increasing utility of artificial satellites, preliminary studies have been conducted using satellite imagery for continuous maritime cargo data collection and establishing ocean monitoring systems in vast and hard-to-reach areas. This study aims to visually detect ships docked at berths in the Busan New Port using high-resolution satellite imagery and quantitatively evaluate berth utilization rates. By utilizing high-resolution satellite imagery from Compact Advanced Satellite 500-1 (CAS500-1), Korea Multi-Purpose satellite-3 (KOMPSAT-3), PlanetScope, and Sentinel-2A, ships docked within the port berths were visually detected. The berth utilization rate was calculated using the total number of ships that could be docked at the berths. The results showed variations in berth utilization rates on June 2, 2022, with values of 0.67, 0.7, and 0.59, indicating fluctuations based on the time of satellite image capture. On June 3, 2022, the value remained at 0.7, signifying a consistent berth utilization rate despite changes in ship types. A higher berth utilization rate indicates active operations at the berth. This information can assist in basic planning for new ship operation schedules, as congested berths can lead to longer waiting times for ships in anchorages, potentially resulting in increased freight rates. The duration of operations at berths can vary from several hours to several days. The results of calculating changes in ships at berths based on differences in satellite image capture times, even with a time difference of 4 minutes and 49 seconds, demonstrated variations in ship presence. With short observation intervals and the utilization of high-resolution satellite imagery, continuous monitoring within ports can be achieved. Additionally, utilizing satellite imagery to monitor changes in ships at berths in minute increments could prove useful for small and developing country ports where harbor management is not well-established, offering valuable insights and solutions.

• Journal of Korea Port Economic Association
• /
• v.39 no.4
• /
• pp.223-242
• /
• 2023

This study analyzes the spillover effects of returns and volatility between the commodity market and the maritime freight market across various frequency domains (short-term, medium-term, long-term). The key findings of the study can be summarized as follows. First, from the perspective of returns, a high linkage is observed in the short-term between the commodity and maritime freight markets, with the metal commodities market playing a particularly significant role in information transmission effect of return series. Second, in terms of volatility, the total connectedness increases from the short- to the long-term, with substantial long-term risk transmission effects observed especially in the BDI, BDTI, agricultural, and energy commodity markets. Notably, during major global events such as the U.S.-China trade war, COVID-19, and the Russia-Ukraine conflicts, a marked increase in the risk transmission effect in the energy commodities market was identified.

• Korean Security Journal
• /
• no.22
• /
• pp.91-111
• /
• 2010

Around the middle of the ninth century the strict bone-rank system of Silla frustrated many people who had political ambition but lacked nobility. They had to seek other ways, including maritime trade. Such an undertaking reflected and also increased their economic and military power. Trade prospered with T'ang China and with Japan as well. The threat of piracy to Silla's thriving maritime trade caused to create a succession of garrisons at important coastal points. Chonghae Jin (Chonghae garrison) was regarded as the most important of these. It was established in 828 by Chang Pogo. Chonghae Jin was on Wando, an island just east of the southwestern tip of Korea and a key place at this time in the trade between China, Korea, and Japan. From this vantage point Chang Pogo became a merchant-prince with extensive holdings and commercial interests in China and with trade contacts with Japan. Although piracy was rampant in East Asia at that time, either the Chinese or Silla government was not able to control it due to inner political strife and lack of policing resources. Infuriated by the piracy and the government's inability to control it, Chang Pogo came back to Silla to fight against the pirates and to protect maritime trade. He persuaded the king of Silla and was permitted to control the private armed forces to sweep away the pirates. In 829 he was appointed Commissioner of Chonghae-Jin with the mission of curbing piracy in that region. Chang's forces were created to protect people from pirates, but also developed into traders among Silla Korea, T'ang China, and Japan in the 9th century. This was geographically possible because the Chonghae Garrison was situated at the midpoint of Korea, China, and Japan, and also because Chang's naval forces actually dominated the East Asia Sea while patrolling sea-lanes. Based on these advantages, Chang Pogo made a great fortune, which might be collected from a charge for protecting people from pirates and the trades with China and Japan. Chang's forces could be termed the first private security company in the Korean history, at least in terms of historical documents. Based on historical documents, the numbers of private soldiers might be estimated to exceed tens of thousands at least, since Chang's forces alone were recorded to be more than ten thousand. Because local powers and aristocratic elites were said to have thousands of armed forces respectively, the extent of private forces was assumed to be vast, although they were available only to the privileged class. In short, the domination of Chang's forces was attributable to the decline of central government and its losing control over local powers. In addition it was not possible without advanced technologies in shipbuilding and navigation.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.15
• /
• pp.119-136
• /
• 2001

The purpose of this paper is to consider how to decide the cause of loss or damage to the transport goods when maritime accident occurs. In marine insurance, the underwriter is liable for any loss or damage proximately caused by a risk insured(MIA Art.55). So it is very important to determine the proximate cause of loss or damage to ascertain whether it is to be recoverable under the policy. But there is no definite conception or rule what is the proximate cause. It was left to the tribunal as a question of fact. In this paper, I will suggest the general rules to determine the proximate cause of loss or damage of the transport goods in marine insurance. First, in MIA 1906, there is the rule of proximate causation and it has been established the effective causation by cases since 1918. Second, in Institute Cargo Clauses(B) & (C), there are rules of considerably relaxed standards to determine the causation of loss of or damage using the "attributable to" and "caused by" basis. Third, it is noted, under the complex causation situation, there are difference basises to decide the liability of underwriters between the case of successive occurrence of single risk and the case of concurrent occurrence of several risks. Forth, in practice, it couldn't be ascertained the underwrier's liability by a definite rule and it should be fully considered the circumstances and conditions of the loss.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.23
• /
• pp.249-288
• /
• 2004

The active use of the container vessel has brought with it high speed and reduced transit time ; however, the system of delivering the goods via B/L at the destination has lagged behind technical advances, becoming a burden to today's international traders, especially consignees and/or importers. More recently the sea waybill(SWB), that is to say an ocean-type AWB, has come on the scene. In Europe and the USA the use of SWB has increased significantly, but has also left room for improvement due to its short history of use. However, Recently, more attention is paid to SWB as a means to solve the B/L Crisis is getting more and more serious. In addition, due to its non-negotiability, the sea waybill could easily be replaced by messages sent between the interested parties by Electronic Data Interchange. With the paper document, transfer of title is fulfilled by transferring the original bill of lading to the buyer of the goods. However, in an electronic environment this is difficult to replicate. A number of solutions have been investigated, including using an electronic bill of lading, by controlling changes in title to goods through irrevocable, but transferable instructions to the carrier, or by appointing an independent electronic data registry, or replacing the bill of lading with a sea waybill, which is non-negotiable. The purpose of this study is to investigate some problems which may hinder SWB from coming into wide use and to analyse how to solve problems due to introduction of electronic sea waybill.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.54
• /
• pp.213-233
• /
• 2012

International Hull Clauses(IHC(2003)) which have replaced the old system, Institute Time Clauses, Hull(ITCH), used more than 100 years in the shipping industry that did not fit the reality of the market and customs was announced in 01/11/2003 and was intended to supplement the existing issues to reflect the terms that had been used. IHC(2003) was composed of systematical and logical phrases to minimize the conflict which happened between the insured and the insurer after the incident. But IHC(2003) is being ignored by both the insured and the insurer in the shipping industry due to the differences in both positions. In addition, the studies about IHC(2003) in local academics are very low and many companies in the shipping industry are using both systems, IHC(2003) and ITCH so the usage of IHC(2003) is not so activated. Thus, this study will examines the main features and the compositions of IHC(2003) and compare IHC(2003) with ITCH(1983) in some provisions in both systems and then derive some similarities from the both systems and finally would suggest the necessity and validity of active use of IHC(2003).

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.59
• /
• pp.113-135
• /
• 2013

Piracy has been an ongoing and serious problem in international shipping industry. Somalia is often in the news these days. Somalia has been in a state of unrest for more than two centuries. In recent times, the situation has remained unstable. The persistent unrest is the major driver behind the piracy epidemic in Somalia waters. By the MIA 1906, s.78(1), the expenses in order to be recoverable must have been "properly incurred". The underwriter is also liable in certain circumstances for expenses incurred by the assured in an attempt to avert or diminish loss covered by the policy, under provisions. This class of expenditure is commonly referred to as sue and labour expenses, or suing and labouring expenses; less commonly, as particular charges. The standard marine policy(the S.G.Form) contained what was invariably called the sue and labour clause, which has been replaced in the current Institute Clauses by the "Duty of Assured(Sue and Labour)" Clause in the Hull Clauses, and the "Duty of Assured" Clause, headed "Minimizing losses", in the Cargo Clauses. Sue and labour charges are not confined to expenditure on the part of the assured and his agents, but can include quantified loss consequent upon a sacrifice properly and reasonably made to avert or minimize an insured loss.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.13
• /
• pp.469-492
• /
• 2000

"International Safety Management(ISM) Code" means the International Management Code for the Safe Operation of Ships and for Pollution Prevention as adopted by the Assembly, as may be amended by the International Maritime Organization. This Code have brought into force internationally since 1th July, 1998 by incorporated to the new Chapter Ⅸ in the SOLAS Convention. Accordingly those States which give effect to the SOLAS Convention will have to ensure that rules giving effect to the Code are introduced into their domestic legislation. The purpose of this Code is to provide an international standard for the safe management and operation of ships and for pollution prevention, by this to reduce the maritime casualty which could caused by neglect of person. To achieve this purpose the ISM Code specifies a number of broad 'safety management objectives' for owning or operation companies, and it requires that such companies should establish, implementing and maintain a written Safety Management System(SMS) covering a whole range of safety environmental and related matters. These requirements of the Code could effect on the carrier in some points such as duty of due diligence to care for cargo, due diligence to make the vessel seaworthy and burden of proof etc. In this respect, We should know that the ISM Code could effect on the carrier advantageously or disadvantageously subject to whether the carrier observed the requirement of the ISM Code. Although it does not add cause of liability or increase limitation of liability imposed to the carrier.