• Title/Summary/Keyword: Air cargo

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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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The Liability Regime of the Air Carrier under the National Legislation of Korea by Adopting the Montreal Convention (몬트리올 협약을 수용한 한국의 국내 입법상 항공운송인의 책임제도)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.2
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    • pp.3-27
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    • 2012
  • The Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air was adopted in 1929. In 1999, the ICAO adopted the Montreal Convention for the Unification of Certain Rules for International Carriage by Air vastly modernizing the unification of private air law. The Montreal Convention replaced the instruments of the Warsaw system, and came into force on 4 November 2003. The Montreal Convention is not only an international convention. It has also exercised a considerable influence on national legislation. Korea has made the national legislation of the Part VI the Carriage by Air of Commercial Act on April 29, 2011, and it has brought into force on November 24, 2011. The national legislation of the Part VI the Carriage by Air of Commercial Act of Korea has the provisions on the liability for damage caused to passenger, the liability for damage caused to baggage, and the liability for damage caused to cargo. The main feature of the liability regime of the air carrier under the Montreal Convention is the two-tier liability system for death or injury of the passenger with strict liability up to 100,000 SDR and presumptive liability with a reversed burden of proof without any limit above that threshold. The national legislation of the Part VI the Carriage by Air of the Commercial Act of Korea has adopted the main principles of the liability of the air carrier under the Montreal Convention. In conclusion, the national legislation relating to the liability of the air carrier by the Korean government will contribute to settle efficiently the dispute on the carrier' liability in respect of the carriage of passengers, baggage and cargo by air, and to provide proper compensation to the passenger or consignor who has suffered damage, subject to the defenses and limitations it sets out.

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Pneumatic circuit design and Performance test of Air balancer (에어밸런서 공압 회로의 설계 및 성능 실험)

  • Kim, D.S.;Bae, S.K.
    • Transactions of The Korea Fluid Power Systems Society
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    • v.3 no.3
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    • pp.20-24
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    • 2006
  • Air balancer is a conveyance cargo-handling machine, used in assembly and process lines of car and machining industries. This can lift up an object, the weight of which is from 5 to 200 kg, and moves it to a position. As industrial technologies evolve, it is required to move an object and fit it into a specified position with greater accuracy, rather than performing simple tasks such as lifting objects up and down as conventional ones do. There is also a demand to handle an object with one hand, rather than with two hands,. Through designs of manifold unit for an air balancer function, pilot regulator unit to keep pressure constant, hand unit for an accurate load perception function, and air balancer circuit, this study enables everybody to work it with ease and convenience. Experiments and comparisons were conducted for the performance evaluation of the circuit.

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Air Pollution Reduction Strategies of World Major Ports

  • Han, Chul-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.48
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    • pp.27-56
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    • 2010
  • Pollution emissions from international shipping and port activities have a significant impact on public health and global climate changes. The purpose of this paper is to review the status of pollution mitigation measures implemented to date in port industry and find out some implications for Korean ports. For this aim, the clean air strategies of the world major ports including six USA ports (Los Angeles/Long Beach, Now York/New Jersey, and Seattle and Tacoma), two European ports (Rotterdam and Gothenburg) and Busan Port were considered. Various measures to reduce emission from ports are evaluated by sectors-ocean going vessels, cargo handling equipments, truck and rail-, on the basis of categories such as reduction control technologies, operational changes and market-based measures. The policy implications of this paper are as follows. First, Clean Air Act Plans of Korean ports are required as soon as possible. Second, integrated approach is required to reduce emission effectively. Finally, the effect of port-related emission reduction can be maximized when various measures are conducted on a regional basis including neighboring ports. Furthermore, regional or global-based approach is useful to guarantee the level playing field among ports.

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A Study on the Operational Risk Assessment of cargo transport Korean Urban Air Mobility(K-UAM) trial operation corridor applying SORA Model (SORA 모델을 적용한 화물운송 한국형 도심항공교통(K-UAM) 시범운용 회랑의 운용위험도 평가 연구)

  • Namgung, Pyeong;Eom, Jeongho;Lee, Seungkeun;Kwon, Thawha
    • Journal of Advanced Navigation Technology
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    • v.26 no.3
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    • pp.125-135
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    • 2022
  • UAM is emerging as the biggest issue in the aviation industry and which is attracting a lot of attention not only domestically but also internationally. In Korea, active research is being conducted centered on the government and industry-university research institutes, such as the establishment of a future K-UAM concept of operation. Therefore, in this study applies the SORA (Specific Operation Risk Assessment) model established by the European JARUS (Joint Authorities for Rulemaking on Unmanned Systems) to apply the K-UAM operation environment and specific corridor for the purpose of cargo transportation that will be operated in the future that the government is promoting. We intend to suggest policy and technical measures for risk mitigation in the initial operating environment by evaluating the level of risk and analyzing the results.

A Longitudinal Analysis of Deconcentration Process for the Top 20 Airlines in China (중국 상위 20위 항공사의 탈 집중화 현상에 대한 종단적 연구)

  • Chen, Jiarong;Yeo, Gi-Tae
    • Journal of Digital Convergence
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    • v.18 no.6
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    • pp.65-79
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    • 2020
  • With the rapid development of China's economy, the aviation industry, as an important part of transportation services, has undoubtedly achieved rapid development. However, there is hardly any academic work that was based on the development of the top airlines in the Chinese airline industry. Hence, this study provides empirical research that takes into account the longitudinal development of the top 20 airlines in China from 2009 to 2018. The throughput volumes (cargo and passenger) of the airlines were analyzed by concentration indicators, namely the concentration ratio (CR), the Herfindahl- Hirschman index (HHI), the Gini coefficient, and the shift-share analysis (SSA). In this paper, the top 20 airlines have been analyzed in terms of the passenger and cargo throughput from 2009 to 2018. The calculation results of CR6, HHI and the Gini coefficient show that the airlines were extremely deconcentrated. In addition, by comparing the ABSGR of passenger and cargo throughput, it is shown that China's aviation industry is dominated by four airlines- Air China, China Eastern Airlines, China Southern Airlines and Hainan Airlines. In the future study, it is necessary to explore growth strategies to find niche markets for passenger and cargo transportation.

The Origin/Destination Analysis of Container Cargo in International Passenger Terminals - Focused on Incheon Port - (국제여객터미널의 컨테이너화물 기종점 분석 - 인천항을 중심으로 -)

  • Moon, Gwang-Suk;Yoo, Hong-Sung;Kim, Youn-Sung;Lee, Dong-Won
    • Journal of Korea Port Economic Association
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    • v.27 no.2
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    • pp.195-215
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    • 2011
  • The purpose of this article is to provide data to be utilized for marketing to attract future container cargo to the Korea-China Car Ferry Service and to estimate container traffic for the development of the International Passenger Terminal to be newly built in the Incheon Southern Port. An analysis of container traffic through the Passenger Terminal of Incheon Port showed that the container throughput of Incheon Port comprised 20% of traffic. The export cargo traffic in the International Passenger Terminal, 71.4%, or 111,698 TEU of 156,284 TEU in total, was brought from metropolitan areas. To increase the container traffic of the car ferry service currently concentrated on the metropolitan areas, more endeavor is required to strengthen marketing competence to attract container traffic to other regions apart from the metropolitan areas as well as provide general services.

Unfair Restrain on Competition in Air Cargo Fuel Surcharge Case (공정거래법상 부당한 경쟁제한의 의미 - 항공화물 유류할증료 담합사건을 중심으로 -)

  • Lee, Chang Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.117-149
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    • 2015
  • On May 16, 2014 the Supreme Court of Korea rendered its decision with respect to litigation filed by All Nippon Airways Co., Ltd. ("ANA") for revocation of an order of correction and payment of a penalty imposed by the Korea Fair Trade Commission ("KFTC"). On or around September 2002, ANA and various airlines operating air cargo service from Japan to Korea were allegedly to have agree to introduce of fuel surcharge into their rates on cargo fares in an attempt to recoup falling profits from rising of oil price. As this hard core cartel was per se prohibited under Korean competition law (The Monopoly Regulation And Fair Trade Act), KFTC began an investigation and consequently with fruitful results imposed an amount of penalty and issued an order of prohibition. ANA protested against this imposition by filing suit against KFTC under the reasons that (1) their agreement was simply pursuant to the relevant laws and regulations including Air Transport Agreement between Korea and Japan, (2) there was an administrative guidance from Japanese government to allow this agreement, (3) extraterritorial application of Korean competition law to the agreement in this matter was improper as it was made within Japan and targeted only for the shipment from Japan to Korea: accordingly there is not a direct and serious effect between the agreement and any result of anti-competitive. This article aims to review ANA's allegation and the judgement delivered by Korean court under some issues respectively; (1) whether there is an effectively actual anti-competitive cartel between airlines including plaintiff, (2) whether filed rate doctrine is reasonable and applicable in this case for precluding wrongfulness, (3) what is the reasonable limitation of boundaries in extraterritorial application of Korean competition law. Additionally, this article also suggests to concern particular features of air transport business as an regulated industry in judging the unfair restrain on competition.

A Study on Factors Affecting Korea's Air Freight Trade Field (우리나라 항공화물 무역 분야에 영향을 미치는 요인 연구)

  • Lim, Jae-Hwan;Kim, Young-Rok;Choi, Yun-Chul
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.28 no.4
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    • pp.117-124
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    • 2020
  • This study empirically analyzed air transport trade patterns using data for 30 years between Korea and its trading partners in order to identify specific factors that determine the size of Korea's air transport trade. Independent variables were GDP per capita, capital distance between countries, country area data and number of airports. In addition, it reflected whether it is a landlocked country and whether it has joined the OECD, APEC and ASEAN+3. According to the results of the analysis, it was found that the air cargo trade pattern in Korea is proportional to GDP per capita, and the scale increases as the distance is closer. In addition, the national area and the airport capital acted as a factor in increasing air transport trade. However, whether a country is a landlocked country did not show significant results in terms of trade, exports, and imports. The OECD, APEC, and ASEAN+3 variables were found to generally increase air transport trade.

Assessment of Ventilation System for Ro/Ro Ship Using CFD (전산 유체 해석에 의한 자동차 운반선 내부 환기 시스템 평가)

  • Lee, Sung-Su;Kim, Hak-Sun;Chun, Seung-Hyun
    • Journal of the Society of Naval Architects of Korea
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    • v.42 no.1 s.139
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    • pp.10-17
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    • 2005
  • Due to emission of vehicles during loading/unloading, ventilation system in Roll-on/Roll-off ship is inevitable; however it is very difficult to predict the ventilation performance before it is finally built in. Although the requirements for the ventilation system include air change rate and maximum allowable concentration of CO in the cargo holds, even prototype tests are hardly able to quantify the ventilation performance. In the present paper, a new method to assess the ventilation performance of Roll-on/Roll-off ship is proposed by using computational fluid dynamics. The air exchange is modeled by introducing multi-species transport of existing air In the holds and new air from the ventilation system. Conservation of multi-species as well as 3D Navier-Stokes equation are solved numerically in time dependent manner. Several cases of different configuration are considered. The results include predicted mass fraction of new air in the holds. It is also presented that CO concentration can be estimated based on the predicted air change performance. Due to the lack of experimental data, the computed results are not verified; however the proposed method can be applied as au assessment tool.