• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.60
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• pp.3-26
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• 2013

Seller's obligation on the Delivery of Goods and Handing over the Documents are key elements in Contracts for the International Sale of Goods. The United Nations Convention on Contracts for the International Sale of Goods(CISG) has been entered into force on 1 January 1988 to create international certainty and uniformity in the law and to govern issues that arise in an international sale of goods transaction. The Incoterms were first published by the ICC in 1936 and were most recently revised in 2010. Incoterms 2010 are entering into force on 1 January 2011. The Incoterms focus on the seller's delivery obligations and reflect the principle that the risk of loss or damage to the goods passes from the seller to the buyer when the seller has fulfilled its obligations to deliver the goods. This study highlights basic rules covering seller's obligation of delivery of goods and handing over the documents under the Incoterms 2010 and the United Nations Convention and Contracts for the International Sale of Goods. In the second chapter, this study will provide analyses and compare these two legal systems in relation to the basic rules governing delivery of goods and passing of risks in contract of sale. This chapter evaluates the meaning of Article 31 and Article 67(1) and FOB, CFR, CIF & FCA, CPT, CIP terms of Incoterms 2010. Chapter Three will focus on handing over the documents. Article 30 CISG imposes the seller's primary obligations to deliver the goods and to hand over documents relating to them. Article 34 CISG supplements the seller's obligation in relation to documents by providing that the seller must hand over documents relating to the goods. In contrast, Article 58(1) CISG imposes on the buyer the obligation to pay only when it has received the goods or documents controlling their disposition. I reviewed only some of the documents relating to the goods are documents controlling their disposition. This chapter considers the meaning of the phrase "documents that control the disposition of the goods and do not control disposition of the goods." Finally, the fourth chapter will assess the meaning of rules of CISG and Incoterms 2010.

• Journal of Broadcast Engineering
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• v.14 no.5
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• pp.589-600
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• 2009

This paper is ready to change a trend of a ultra high definition (UHD) video image, and it will contribute to improve the performance of the latest H.264 through the Uni-directional $8{\times}8$ intra-prediction idea which is based on developing a intra prediction compression. The Uni-directional $8{\times}8$ intra prediction is focused on a $8{\times}8$ block intra prediction using $4{\times}4$ block based prediction which is using the same direction of intra prediction. This paper describes that the uni-directional $8{\times}8$ intra-prediction gets a improvement around 7.3% BDBR only in the $8{\times}8$ block size, and it gets a improvement around 1.3% BDBR in the H.264 applied to the multi block size structures. In the case of a larger image size, it can be changed to a good algorithm. Because the video codec which is optimized for UHD resolution can be used a different block size which is bigger than before(currently a minimum of $4{\times}4$ blocks of units).

• Journal of Navigation and Port Research
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• v.32 no.8
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• pp.637-643
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• 2008

When planning outfall system, the first target cif design is to maximize initial dilution of discharge effluent. To achieve the target effectively, the characteristics of mixing phenomenon between ambient and discharged water should be analyzed. Especially the analysis at the Near-Field-Region(NFR) as initial dilution zone should be preceded. Usually, the initial behavior of effluent through outfall system is rising toward the surface due to mixing with ambient water for heat discharge and sinking toward the bottom due to the difference of density for brine discharge. After mixed with eddies accompanied by the ambient water, the plumes are showing the same density and internal current pattern by advection and diffusion. Until recently, lots of studies are being carried out for the optimum design of outfall system. but it is difficult to find any studies of heat and brine discharge at the same time. Therefore, this study is hoped to provide some basic data for optimum design of outfall system.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.34 no.4
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• pp.1327-1334
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• 2014

Linear form of public works such as roads, railways and rivers, generally used as long work crossing administrative districts, can be several hundreds km length and narrow. These linear forms use SCM sheets, which do not include the quadrangle shape, to make a public announcement of topographical drawing in order to get the work approval. the Integrated measurement channel investigation and cadastral act that are established in 2009 apply the ITRF for the composition of design and construction books and coordinates of topographical map in order to get the work approval. However according to the article 5 of additional clause, while the cadastre is maintaining local coordinates, if there is a technical error in the content of the Public Announcement of Topographical Drawing that used the SCM, the question of responsibility of land borders and the efficacy or not of the announcement is raised as an administrative measure. After analysing the causes and enforcing coordinate conversion and correction taking into account linear form work's features, the result was reflected in the existing SCM. As a conclusion, the present study proposes the improvement of the procedures of the Public Announcement of Topographical Drawing.

• 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.

• The Korean Journal of Food And Nutrition
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• v.15 no.1
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• pp.1-6
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• 2002

This study was conducted to investigate the effects of vacuum packaging on lipid oxidation and meat color of chilled pork. During storage meats wert evaluated for TBA values, pH, blooming time and CIE L$\^$*/a$\^$*/b$\^$*/ values. The TBA values of wrapped meats increased rapidly after 7days and Those of vacuum packaged meats maintained at low level up to 30 days of storage. The pH of wrapped meats increased rapidly after 7days, while those of vacuum packaged meats increased slowly up to 30 days of storage. The bloom time of vacuum packaged meals was 30 min after opening. The CIF L$\^$*/ values of wrapped meats decreased rapidly on the 7th day, while those of vacuum packaged meats directly after opening decreased slightly up to 7days of storage and thereafter increased gradually. The CIE a$\^$*/ values of wrapped meats increased gradually up to 7days and thereafter decreased rapidly, while those of vacuum packaged meats directly after opening were lower than those of wrapped meats. The CIE a$\^$*/ values of vacuum packaged meats after 30 min in the air were higher than those of vacuum packaged meals directly after opening. The CIE b$\^$*/ values of wrapped meats increased rapidly on 4th day and thereafter decreased rapidly, while those of vacuum packaged meats directly after opening were lower than those of wrapped meats. The CIE b$\^$*/ values of vacuum packaged meats after 30 min in the air were higher than those of vacuum packaged meats directly after opening.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.19
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• pp.224-242
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• 2003

The author believes that the main task of study in international trade usage and practice is the management of transactional risks involved in international sale of goods. They are foreign exchange risks, transportation risks, credit risk, risk of miscommunication, etc. In most cases, these risks are more serious and enormous than those involved in domestic sales. Historically, the merchant adventurers organized the voyage abroad, secured trade finance, and went around the ocean with their own or consigned cargo until around the $mid-19^{th}$ century. They did business faceto-face at the trade fair or the open port where they maintained the local offices, so-called "Trading House"(商館). Thererfore, the transactional risks might have been one-sided either with the seller or the buyer. The bottomry seemed a typical arrangement for risk sharing among the interested parties to the adventure. In this way, such organizational arrangements coped with or bore the transactional risks. With the advent of ocean liner services and wireless communication across the national border in the $19^{th}$ century, the business of merchant adventurers developed toward the clear division of labor; sales by mercantile agents, and ocean transportation by the steam ship companies. The international banking helped the process to be accelerated. Then, bills of lading backed up by the statute made it possible to conduct documentary sales with a foreign partner in different country. Thus, FOB terms including ocean freight and CIF terms emerged gradually as standard trade terms in which transactional risks were allocated through negotiation between the seller and the buyer located in different countries. Both of them did not have to go abroad with their cargo. Instead, documentation in compliance with the terms of the contract(plus an L/C in some cases) must by 'strictly' fulfilled. In other words, the set of contractual documents must be tendered in advance of the arrival of the goods at port of discharge. Trust or reliance is placed on such contractual paper documents. However, the container transport services introduced as international intermodal transport since the late 1960s frequently caused the earlier arrival of the goods at the destination before the presentation of the set of paper documents, which may take 5 to 10% of the amount of transaction. In addition, the size of the container vessel required the speedy transport documentation before sailing from the port of loading. In these circumstances, computerized processing of transport related documents became essential for inexpensive transaction cost and uninterrupted distribution of the goods. Such computerization does not stop at the phase of transportation but extends to cover the whole process of international trade, transforming the documentary sales into less-paper trade and further into paperless trade, i.e., EDI or E-Commerce. Now we face the other side of the coin, which is data security and paperless transfer of legal rights and obligations. Unfortunately, these issues are not effectively covered by a set of contracts only. Obviously, EDI or E-Commerce is based on the common business process and harmonized system of various data codes as well as the standard message formats. This essential feature of E-Commerce needs effective coordination of different divisions of business and tight control over credit arrangements in addition to the standard contract of sales. In a few word, information does not alway invite "trust". Credit flows from people, or close organizational tie-ups. It is our common understanding that, without well-orchestrated organizational arrangements made by leading companies, E-Commerce does not work well for paperless trade. With such arrangements well in place, participating E-business members do not need to seriously care for credit risk. Finally, it is also clear that E-International Commerce must be linked up with a set of government EDIs such as NACCS, Port EDI, JETRAS, etc, in Japan. Therefore, there is still a long way before us to go for E-Commerce in practice, not on the top of information manager's desk.