• 제목/요약/키워드: Bolero Bill of Lading

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전자선화증권의 기능에 대한 사례분석과 시사점 (Implications in Case Study on the Electronic Bills of Lading)

  • 최석범;김태환
    • 통상정보연구
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    • 제7권1호
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    • pp.171-194
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    • 2005
  • The CMI Rules for Electronic Bills of Lading were drafted by the Comite Maritime International(CMI) and related specifically to EDI transfers of negotiable bills of lading. The CMI Rules are contractual in nature and the application of the CMI Rules is strictly voluntary. The method adopted in the CMI Rules to enable negotiation of the rights to cargo in a controlled method is based on the introduction of the ‘Private Key’. The Bolero service will be governed by a multilateral contract called the Bolero Rule Book which specifies the rights and responsibilities of Bolero and its users. The Title Registry and Bolero Bill of Lading provide a fully functional equivalent to the paper bill of lading. The Bolero Bill of Lading can be created, transferred, amended, and surrendered by way of designating to order party, blank endorsement, refusal by the transferee etc. In Japan, through TEDI Project, the RSP Model is introduced as e-trade solution like Bolero's Solution. The RSP Model Solution will be furnished through TC(Trade Chain) Server and RSP(Repository Service Provider) Server. The purpose of this paper is to analyze comparatively the CMI Rules and Bolero Bill of Lading and RSP Model of TEDI and to find the implications in this case study for quick introduction of electronic Bill of Lading.

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글로벌 전자무역시대(電子貿易時代)에서의 볼레로 선화증권(船貨證券)의 기능(機能)과 문제점(問題點) (A Study on the Functions and Problems of Bolero Bill of Lading in the Days of Global Electronic Trading)

  • 최석범
    • 무역상무연구
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    • 제14권
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    • pp.177-218
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    • 2000
  • Global Electronic Trading means that trading partners trade each other via Global Electronic Trading Network, that is, global business to business electronic commerce. Recently, where the cargo arrives ahead of the B/L, the importer cannot take delivery of the cargo without the B/L. This situation is referred to as the B/L dilemma. But the BOLERO system will resolve this B/L dilemma. Bolero Project is developing a cross industry utility platform for the secure, electronic transfer of commercial trade information world wide. After the successful testing of an original pilot project, The Bolero Association was formed in 1995 by a group of interested cross industry companies. As a joint venture between SWIFT and TT Club, bolero.net is changing the way the world trades by providing a web-based, paperless mode of commerce that is designed to become a global standard. Bolero International Limited published the first edition of Bolero Rulebook in 1999. The Bolero Rulebook as amended from time to time, governing the relationship between Users and their rights and obligations arising from the Bolero system. The Bolero service will be governed by a multilateral contract called the Bolero Rule Book which specifies the rights and responsibilities of Bolero and its users. The Title Registry and Bolero Bill of Lading provide a fully functional equivalent to the paper bill of lading. The Bolero Bill of Lading can be created, transferred, amended, and surrendered by way of designating to order party, blank endorsement, refusal by the transferee etc. Thus, this study deals with the functions of Bolero Bill of Lading and the problems and solutions in the Bolero Bill of Lading in point of definitions and operation under the Bolero Rulebook.

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선하증권(船荷證券)과 Bolero Bill of Lading의 권리이전법리(權利移轉法理)에 관한 비교고찰(比較考察) (A Comparative Study on Legal Background about Transfer of Title in Bill of Lading and BBL)

  • 양정호
    • 무역상무연구
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    • 제17권
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    • pp.169-195
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    • 2002
  • The main issue relating to electronic bill of lading is to develop the system in which can transfer the title to the goods by electronically, and to support effect of electronic transfer of title by law. BBL, electronic bill of lading being operated by bolero, provides technical devices to that purpose, but current law is not recognize the effect of transfer of title by electronic communication because BBL is different from paper bill of lading naturally. For that reason Bolero has resolved the problem by Rulebook which is multilateral agreement contracted between users and BAL. The Rulebook provides solution, so called, 'attornment' and 'novation'. So, The purpose of this study is to help in understanding BBL through comparison and analysis about the legal background of transfer of title by BBL based on 'attornment' and 'novation' with transfer of bill of lading based on a endorsement and delivery.

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전자선화증권의 운용실증실험상의 문제점과 해결방안 (The Problems and Solutions in the Pilot Test of Electronic Bill of Lading)

  • 최석범
    • 통상정보연구
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    • 제6권3호
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    • pp.321-349
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    • 2004
  • Bolero Project initially had the support of TEDIS, and now is a joint-venture between SWIFT and IT Club. After the successful testing of an original pilot project, The Bolero Association was formed in 1995 by a group of interested cross industry companies. A Bolero Bill of Lading replicates the basic functions of a paper-based bill of lading via title registry service and core messaging platform. A Bolero Bill of Lading consists of BBL Text and Title Registry Record. A Tittle Registry Record carries out the function of a document of title and a BBL may be transferred by changing the roles of users in this Title Registry Record. TEDI Project had been conducted from the April 1999 to the September 2000 on the basis of the EDEN Project(Dec.97- Mar. 1999) and International Trade Guidances Project (Nov. 1998-Mar. 1999). Through TEDI Project, the RSP Model was introduced as e-trade solution like Bolero's Solution. The RSP Model Solution will be furnished through TC (Trade Chain) Server and RSP(Repository Service Provider) Server. The purpose of this paper is to study the problems and solutions in the pilot test of electronic Bill of Lading using TEDI's RSP and to promote the introduction of electronic Bill of Lading.

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무역거래에서 전자선화증권의 활용에 관한 고찰 (Applications on the Electronic Bill of Lading in International Trade Transactions)

  • 강원진;조상현
    • 통상정보연구
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    • 제7권4호
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    • pp.199-218
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    • 2005
  • The international business community has been seeking to change paper based bill of lading to electronic bill of lading for the recent years. The reasons for the need for electronic bill of lading are the benefits to international traders:they are fast to issue, transmit and process. These benefits are eliminate the crisis of bill of lading and come down the cost international business community have to charged. The purpose of this paper is to investigate and issue the problems of the present methods of the Electronic Bill of Lading and find implications to commercialized the Electronic Bill of Lading in the basis of the laws and practices of the international trade. Various attempts are offered to achieve this benefits for the last years such as SeaDocs Project, CMI Rules for Electronic Bills of Lading, and Bolero Project. But these methods are yet to be achieved the goals to substitute the paper-based Bill of Lading to Electronic Bill of Lading entirely.

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한국 전자선화증권 등록기관 지정제도에 관한 연구 (A Study on the Designation System of Registration Authority of Electronic Bill of Lading in Korea)

  • 최한별;최석범
    • 통상정보연구
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    • 제16권1호
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    • pp.227-245
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    • 2014
  • 선화증권의 위기문제를 해결하기 위한 UN과 CMI 노력의 발판으로 볼레로 선화증권이 도입된 지 상당한 시간이 흘렀지만 아직까지 전자선화증권이 실질적으로 도입되지 않고 있는데 이는 법률적, 제도적으로 해결하지 못한 과제가 남아있기 때문이다. 특히 볼레로 선화증권의 경우에는 도입초기에 개별국가의 전자무역사업자들과의 협업사업모델을 제시하지 못하여 제대로 이용되지 않고 있는 실정이다. 국제적으로 볼레로 선화증권의 운영이 제대로 이루어지 않고 있는 상황에서 한국 상법에서는 전자선화증권의 등록기관 지정제도를 도입하여 현재 KTNET이 법무부에 의해 등록기관으로 지정되어 있으며 전자선화증권 서비스를 개시하였다. 그러나 한국의 상법모델은 볼레로 선화증권보다 글로벌차원에서 많은 문제점을 안고 있다. 이러한 문제점은 또한 등록기관 지정제도상의 특징과도 연관되어 있다. 따라서 본 논문은 한국 전자선화증권 등록기관 지정제도를 살펴보고 지정제도 상의 특징을 도출하고 그 특징과 관련된 이슈와 문제점을 규명함으로써 한국에서 전자선화증권이 보다 활성화되는데 그 연구목적을 두고 있다.

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전자선화증권 도입의 장애요인에 관한 실증적 연구 - 볼레로 전자선화증권을 중심으로 - (A Empirical Study on the Obstacles to the Adoption of Electronic Bill of Lading - Focusing on the Bolero Bill of Lading -)

  • 최석범;김태환;최광돈
    • 무역상무연구
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    • 제30권
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    • pp.27-58
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    • 2006
  • The purpose of this study is to identify key obstacles to the adoption of electronic bill of lading and to suggest an effective way to promote the utilization of electronic bill of lading in international trade field. This study finds that all the respondants have not used 'true' electronic bill of lading that is issued and distributed electronically, and most of them agreed the needs of e-B/L adoption, but their intentions to adopt e-B/L remain very low in the present situation. Five obstacles to the adoption of e-B/L were derived from an explanatory factor analysis: 'integration' factor, 'law institution' factor, 'usability' factor, 'economic efficiency' factor, and 'security' factor. Solutions to promote the utilization of e-B/L in international trade field are as follows; Firstly, to endow e-B/L with the legal force through amending relevant laws including the commercial law. Secondly, to conclude the relevant international agreement, and to carry out joint projects between nations are needed. Thirdly, to conduct publicity campaigns is required to increase the understanding of the concepts and benefits of e-B/L to all concerned parties. Fourthly, stable and reliable system must be constructed with high level security. Fifthly, to readjust the service fee of e-B/L system to a realistic level is to be needed in order for user companies to use e-B/L service.

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한국에서의 전자선화증권 운용을 위한 종합계획수립에 관한 연구 (A Study on the Establishment of Master Plan on the Operation of the Electronic Bill of Lading in Korea)

  • 최석범;신인광
    • 통상정보연구
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    • 제6권1호
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    • pp.129-153
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    • 2004
  • In order to succeed in e-Trade Project in Korea, the related parties endeavor to introduce the e-title registry model such as Bolero model(Title Registry Model) and TEDI model (Repository Service Provider Model). Prior to mentioning the Model of e-Title Registry, desirable Global e-Trade Platform is the platform connecting Global e-Trade Platforms in each country and Bolero's Core Messaging Platform and e-Title Registry must be established in each country. Each e-Title Registry must be connected with another registry. Like Korea, Recognized Electronic Document Repository must be established as proxy for preserving, attesting, carrying out sending and receiving electronic document to prevent from disputes between parties and to carry out notarizing electronic documents and related transaction. The purpose of this paper is to promote the introduction of e-Title Registry in the e-Trade and to streamline the procedures of the electronic bill of lading.

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전자선하증권의 글로벌 운용 모델을 위한 개선방향과 과제 (A New Approach for Global Operational Model Implementation of Electronic Bill of Lading)

  • 이충배;정용균
    • 통상정보연구
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    • 제9권3호
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    • pp.161-180
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    • 2007
  • The electronic bill of lading system replacing with traditional paper B/L has been evolved from SeaDocs and CMI to Bolero system. Therefore e-B/L is considered as an evolving concept rather than fixed one because it has been changed with development of information technology. Bolero system designed to replicate all functions of a paper B/L has some limitation to be utilized as an e-B/L in changing international business arena because it has a centralized model. Therefore it is considered to be important that the current e-B/L operating system needs to be diversified. This paper aims to provide three types of the operating model of global e-B/L to be applied with feasible solution coping with the current problems, which is expected to contribute to the utilization of electronic bill of lading.

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Bolero Bill of Lading(BBL) 실용화에 관한 연구 (A Study on the Utilization of Bolero Bill of Lading(BBL))

  • 오원석
    • 무역상무연구
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    • 제16권
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    • pp.183-203
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    • 2001
  • To accomplish international electronic commerce via the Internet, the most serious dilemma is the international payment system. The BBL is a secure and effective electronic commerce framework for the replacement of traditional paper documents by electronic messages via the Internet providing significant benefits in terms of cost savings, improved logistics and reduced errors in documentation. The most important legal obstacles in the BBL are how to secure authenticity, non-repudiation and message integrity as well as the status of negotiability equivalent to paper B/L. These kinds of functions may be carried out through the electronic title registry of the Bolero International Limited. The technical structure is supported contractually by the Bolero Rulebook. And other documents except B/L can be made out without any legal or technical problems. What are the handicaps of the BBL in its practical use at this time? I can summarize the current and expected problems as follows: First, the fee to join Bolero Association Limited is burdensome to sellers, buyers and trade related organizations all over the world. Second, the liability in errors or defaults in operating central data registry of Bolero International Limited is limited to U.S.$100,000. The amount is not sufficient to the many bulk cargo owners to cover the damages. Third, businessmen are used to traditional paper documents; therefore it takes much time for them to change their customs and practices. So the BBL and traditional papers would be used simultaneously for the time being. Finally, it is very important to incorporate the Rulebook, a multilateral contract binding on all users signed, in each domestic law, which will accomplish the uniform law basis.

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