• Title/Summary/Keyword: Air-Cargo

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A study on air related multimodal transport and operator's legal liabilities (항공연계 복합운송의 현황과 손해배상책임 - 대법원 2014.11.27. 선고 2012다14562 판결을 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.3-36
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    • 2016
  • Recently, the Supreme Court of Korea delivered a milestone judgment about air related multimodal transport. At there, the mattered cargo, some expensive jewellery, was transported from Qingdao, China to downtown office of consignee at Seoul via Incheon airport in Korea. As an air waybill was issued in this case, there was an air transport agreement between consignor and air courier operator. After arriving at Incheon airport, the shipment was transport by land arranged by the air courier operator, who was a defendant in this case. Upon arriving at the final destination, it was found that the jewellery was lost partly and based on circumstantial evidence, the damage presumed to be occurred during the land transport. As a subrogee, the insurance company who paid for consignee filed an action against the air courier operator for damage compensation. Defendant contended that Montreal convention should be applicable in this case mainly for limited liability. The lower court of this case confirmed that applying the limited liability clause under Montreal Convention is improper under the reason that the damage in this case was or presumed to be occurred during surface transport. It was focused on the Montreal Convention article 18 which says that the period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. However, the Supreme Court overturned the lower court's decision. The delivered opinion is that the terms of condition on the air waybill including limited liability clause should be prevailed in this case. It seems that the final judgment was considered the fact that the only contract made in this case was about air transport. This article is for analysis the above decisions from the perspective that it is distinguishable between a pure multimodal transport and an expanded air transport. The main idea of this article is that under the expanded air transport, any carriage by land, sea or inland waterway only for the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment is still within the scop of air transport.

Estimate of Ships Emission in Busan Port during 2009 Based on Activity (활동도를 이용한 2009년도 부산항 선박배출량 산정에 관한 연구)

  • Park, Doo-Yeol;Hwang, Cheol-Won;Jeong, Chang-Hun;Shon, Zang-Ho
    • Journal of Environmental Science International
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    • v.20 no.5
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    • pp.599-610
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    • 2011
  • Emission of air pollutants such as nitrogen oxides ($NO_x$), hydrocarbons (HC), $SO_2$, and particulate matter (PM) and $CO_2$ from ship during 2009 in Busan port was estimated based on activity-based method. The significant fraction (> 50%) of ship emission resulted from container and general cargo ships. Emission at port operation mode was the most dominant compared to at sea and maneuvering modes. Emission at North port was the largest source of air pollutants among ports. The magnitudes of air pollutants $NO_x$, $SO_2$, HC, $CO_2$, and PM in Busan port were $8.7{\times}10^3$, $8.23{\times}10^3$, $0.35{\times}10^3$, $4.86{\times}10^6$, and $0.67{\times}10^3$ ton/yr, respectively. The ratio of $NO_x$ to VOC is about 25. Our ship emission estimate is 2 times higher than that in CAPSS emission inventory.

The Montreal Convention: A First Impression

  • Sekiguchi, Masao
    • The Korean Journal of Air & Space Law and Policy
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    • v.12
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    • pp.36-65
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    • 2000
  • The Montreal Convention markedly changed the rules governing the international carriage by air of passenger, baggage and cargo. The introduction of a considerable number of modernized major elements including electric ticketing system, the unlimited passenger liability regime and a supplementary (fifth) jurisdiction should help to remove aged scheme that now exists in the Warsaw Convention and other related instruments. The key issue of the electric ticketing system recognized by the Convention IS how to describe reasonably and adequately the terms of written notices, in the light of the principle of consumer protection. Regarding liability regime for passengers, an unlimited passenger liability regime is realized. The carrier, in the first tier, is subject to a strict liability regime of up to 100,000 SDRs, and in the second tire, a regime of presumed fault liability without numerical liability limits. To add to the present four fora, the fifth forum is permitted. Regarding damage resulting the death or injury of a passenger, an action for damages may also be brought in its home territory with the considerably qualified narrow requirements. A strange deviation from the well-established "Procedure for Approval of Draft Convention" carried out by the Legal Committee left a considerable number of unrefined and incomplete passages. In the near future, their modification should be required.

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A Study on the prospect of Sea & Air multi-transport in the perspective of international logistics environment

  • Chung, Tae-Won;Han, Jong-Khil
    • Journal of Navigation and Port Research
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    • v.34 no.7
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    • pp.587-594
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    • 2010
  • The positive and negative opinion to cargo demand of Incheon's SAMT in the near future remains cloudy. Considering port and shipping environmental changes and the logistics situation of China which explains the lack of facilities in Chinese airports, the creating of SAMT cargoes of the Incheon region could catches a favorable opportunity to be a logistics hub in the North-East Asia. On the other hand, as open-sky policy and direct-call service has been carried out between China and N.A.(North America), Incheon could cause a loss of competitiveness in SAMT because the enhancement in the aspect of the connectivity of Chinese airlines and shipping lines makes customer sent to last destination their cargoes whenever they want. In the same context, this paper analyses on conditions of domestic and international SAMT and proposes in this uncertainty future forecasting of SAMT of Incheon by scenario planning according to changes in integrated SAMT, measuring the likelihood of final scenario. This study shows the Sea & Air multi-transport volume will have either slight increase or decrease from the current condition. Consequently, RFS expansion and system & service improvement through strong ties with major cities in China will be required in a short run aspect. Nonetheless, we also need to take domestic & international transportation environment into account in the long run.

Analysis of Multi-Airport System Application Measures for New Jeju Airport (복수공항시스템 분석을 통한 제주신공항 운영방안 연구)

  • Jeon, Je-hyung;Park, Jeongmin;Oh, LeeJun;Song, Byung-Heum
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.25 no.3
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    • pp.89-100
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    • 2017
  • In order for the international aviation community to efficiently and safely manage the gradual increase of air passenger demand, direction suggestions of airport traffic prediction based on future airport capacity requirements, airport design and infrastructure establishment is utilized by airport traffic data that is m comparable internationally. It is a global trend to pursue more efficient airport operating system structure to accept air passenger demand through more realistic comparable data in order to escape from the structure of reckless airport establishment and infrastructure composition based on passenger demand predictions referring to simple statistical data that has existed in the past. This study aimed to seek effective operational measures for the New Jeju airport scheduled to be opened in 2025 by time-series analysis. This study also analysed airport operation strategies, air traffic distribution strategies, cargo volume increase rates and its effectiveness of airports adopting the multi-airport system that have similar operational practices and geographical conditions. This study sought the most appropriate multi airport system application measures for New Jeju airport to promote efficiency and international competitiveness.

The Trend and forecast of Civil Aircraft market (세계 민간 항공기 시장 동향과 전망)

  • Chang, Tae-Jin
    • Current Industrial and Technological Trends in Aerospace
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    • v.8 no.1
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    • pp.12-22
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    • 2010
  • The great recession which caused by financial crisis made steep rise of oil price and the serious problems of the aircraft industry. High oil price increases operating cost and the recession decreases air traffic. After a period of high book order and delivery from global economic recovery, the aircraft order fell down suddenly. Also the Aircraft price and lease rate deceased and the MRO market is reduced, too. But, the air cargo and passenger increase again since late of 2009. So, it is difficult to predict the market movement, most of the forecasters agreed that the air traffic and aircraft demand will grow gradually in long term with the growth of emerging markets like China, India and Africa. And more efficient, safe and clean aircraft is needed and will need in the market.

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UAM Traffic Flow Management Based on Milestone in Collaborative Decision-Making (협력적 의사결정체계(CDM) 마일스톤 기반 도심항공교통(UAM) 흐름관리)

  • Do-hyun Kim;Hyo-seok Chang
    • Journal of Advanced Navigation Technology
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    • v.28 no.4
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    • pp.436-441
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    • 2024
  • Urban air mobility (UAM) is an innovative air traffic management system that utilizes electric vertical take off and landing aircraft(eVTOL) to transport passengers and cargo in urban areas. The corridor can be defined as the airspace that the vehicle operates in and must be collaboratively managed. For the stable operation of UAM, it is essential to have strategic separation and a collaborative decision-making(CDM) system for cooperation and coordination among stakeholders. This study examines the application of time-based milestones from traditional air traffic flow management to the UAM system to ensure safe traffic volume and optimize air traffic flow. For traffic flow management, the milestone time information is categorized into a total of 13 key milestone time indicators based on the UAM movement status, and the sharing entities providing each time indicator and the flow of milestones are defined. Emphasizing the need for a CDM to balance UAM traffic and capacity, sharing and managing milestone information among stakeholders is expected to improve UAM aircraft departure flow and enhance operational efficiency.

Multilateral Approach to forming Air Logistics Hub on North East Asia Region (동북아 항공물류허브을 구축하기 위한 다자적 접근방안)

  • Hong, Seock-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.2
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    • pp.97-136
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    • 2004
  • The Northeast Asian air cargo market has expanded tremendously as a result of the opening up of the Chinese market. The importance of the Asia-Pacific region in the global air transport has also increased. The exchange of human and material resources, services, and information in Northeast Asia, which is expected to increase in the near future, requires that the airlines operating within this region adopt a more liberalized approach. This paper introduced alternatives which can be applied to the Northeast Asian airlines industry so as to bring about the integration of regional air transport: First, this paper found a need for individual Northeast Asian nations to alter their policies towards the airlines industry. Second, each country should further liberalize their respective domestic air transport. Third, there is a need for freer air service agreements to be signed between the nations of Northeast Asia. Fourth, the strategic alliances between the airlines operating in Northeast Asia should be further strengthened. Fifth, this liberalization process should be carried out in an incremental manner, beginning with more competitive airports and routes, or with less-in-demand routes. Sixth, there is a need for a shuttle system to be put into place between the main airports in China, Korea, and Japan. Seventh, these three nations jointly develop aviation safety and security systems that are in accordance with international standards. Eighth, the liberalization process of the aviation industry should be undertaken in conjunction with other related fields. Ninth, organizations linking together civil aviation organization in the Asia-Pacific area should be formed, as should each government linking together. By doing so, these countries will be able to establish regular venues through which to exchange opinions on the integration and liberalization of the air cargo market so as to induce the gradual liberalization of the actual market. The liberalization of the air transport in Northeast Asia will prove to be a daunting task in the short term. However, if the Chinese airlines continue to exhibit continuous growth and Japanese airlines are able to complete their move towards a low-cost structure, this process could be completed earlier than expected. Over the last twenty five years the air transport has undergone tremendous changes. The most important factor behind these changes has been the increased liberalization of the market. As a result, rates have decreased while demand has increased. This has resulted in turning the air transport industry, which was long perceived as an industry in decline, into a high-growth industry. The only method of increasing regional exchanges in the air transport is to pursue further liberalization. The country which implements this liberalization process at the earliest date may very well emerge as a leading force within the air transport industry.

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Recent Developments in Aviation Case Law (국제항공운송법(國際航空運送法) 판례(判例)의 최근(最近) 동향(動向))

  • Choi, June-Sun;Kahng, Seung-Hoon
    • The Korean Journal of Air & Space Law and Policy
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    • v.5
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    • pp.119-169
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    • 1993
  • In this article the present writers have surveyed recent cases on Warsaw Convention especially on the cases emerged in the years between 1986 to 1993. The cases before 1986 were discussed already in the book titled "Liability of International Air Carrier," written by Professor Choi, published in Seoul 1986. In this article the writers have reviewed most of the American cases and some cases from the courts of Germany, France and England. Main subjects which were discussed herein were as follows: Liability of air carriers in Warsaw Convention carriage 1. Exclusivity of the Warsaw Convention as a remedy 2. Warsaw Jurisdiction 3. The scope of the Warsaw Convention's definition of "Accident" under Article 17 of the Warsaw Convention (1) Mental anguish (2) Unusual or unexpected events 4. Adequacy of notice of the limitation of liability to passengers for injuries and death 5. Damages recoverable, punitive damages and burden of proof 6. The wilful misconduct exception; definition of wilful misconduct 7. Cargo and passenger baggage 8. Time limitation of actions After examining articles published world-wide, this article compiles and analyses recent cases involving the Warsaw Convention system. As Warsaw System is based on international convention, maintaining uniformity in interpretation is of utmost importance. Therefore, this type of study is essential for resolving air-transportation disputes in Korea. This article examines the current state and recommends the desired course for the Warsaw Convention. The writers hope that this article is helpful to the Korean courts and those in the air-transportation industry in interpreting the Warsaw Convention.

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A Study on Integrated Air-conditioning System for Electric Vehicle Based 1-ton Class Commercial Vehicle (전기차 기반의 1톤급 상용차용 통합공조 시스템에 관한 연구)

  • Baek, Soo-Whang;Kim, Chul-Soo
    • The Journal of the Korea institute of electronic communication sciences
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    • v.14 no.2
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    • pp.361-368
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    • 2019
  • This paper is a study on integrated air-conditioning system for 1-ton class commercial vehicle based on electric vehicle. In the case of an electric commercial vehicle, since the opening and closing of the door is frequently performed in order to get in and out of the cargo, the heat loss largely occurs. Therefore, the heating and cooling load is required to be larger than the electric vehicle. As a result, the energy consumed by the heating and cooling system is larger than the passenger electric car in order to satisfy the heat comfort required by passengers. In order to overcome these disadvantages, we performed research using an efficient integrated air conditioning system. Finally, the design and analysis of a heat pump system for heating and a electrical compressor for cooling need to be proceed to develop a high-efficiency air conditioning system for improving the commerciality of 1 ton-class electric trucks and expanding the industrial ecosystem in the electric truck sector.