• Title/Summary/Keyword: Carriage by Sea

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A Basic Study on the Maritime Performing Party System and the Difference between the Maritime System and China's system

  • Liu, Xiaoxian;Noh, Chang-Kyun
    • Journal of Navigation and Port Research
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    • v.36 no.4
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    • pp.299-303
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    • 2012
  • "United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea" was passed in July 3, 2008. on September 23, 2009 signing ceremony was held in Rotterdam. The system of maritime performing party is a special system in the transport convention, and constitutes an integral part of the Convention. Maritime performing party system is not the first system which brings in the carrier's independent contractor, but it is the most comprehensive and thorough one. It unified the duty of carrier's independent contractor in the maritime segment, and it is also an important progress in the developing process of international maritime legal system. There are some differences between the maritime performing party and China's current related system, i.e, the port maritime performing party and the intermediate performing party are included in the maritime performing party, and they can enjoy the carrier's exception clause and limitation of liability.

A Study on Technical Characteristics of SOLAS AIS (SOLAS AIS의 기술적 특성 분석 연구)

  • 장동원;조평동
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2002.05a
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    • pp.554-558
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    • 2002
  • In this paper, we analysed the technical characteristics of a universal shipborne automatic identification system using self-organizing time division multiple access in the VHF marine mobile band. IMO's Marine Safety Committee approved revision of chapter V of the Safety of Life at Sea(SOLAS) Convention in 73rd meeting. According to this revision, AIS will become a nandatary carriage requirement by 01 July 2002. AIS is a broadcast system, operating in the VHF marine band. It is capable of sending infomation such as would be beneficial to the safety of navigation and the identification and monitoring of maritime traffic. It is absolutely necessary to analyse the related international and domestic specifications for the AIS implementation and installation.

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A Study on Automatic Surveillance System using VHF Data Link Protocol (해상이동통신에서 VHF 데이터링크 프로토콜을 이용한 자동감시시스템)

  • 장동원;조평동
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.6 no.7
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    • pp.1026-1031
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    • 2002
  • In this Paper, We analysed the technical characteristics of a automatic identification system that will introduce in aviation and marine radio stations. IMO's Marine Safety Committee approved revision of chapter V of the Safety of Life at Sea(SOLAS) Convention in 73rd meeting. According to this, AIS will become a mandatory carriage requirement by 01 July 2002. AIS as a surveillance system continuously receives its own position from the GNSS and then repeatedly broadcasts it on a W:.u data link for avoiding traffic conflicts and possible disasters. VHF data link is organized so that a specified number of time slots make up a repeatable frame. Each radio station can autonomously allocate and deallocate slots within the frame using selection algorithm which is called SOTDMA(Self-Organized Time Division Multiple Access). The results can be an aid in the continued of understanding technical characteristics for AIS as a broad surveillance system.

A Study on Automatic Surveillance System using VHF Data Link Protocol (해상이동통신에서 VHF 데이터링크 프로토콜을 이용한 자동감시시스템 연구)

  • 장동원
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2002.11a
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    • pp.187-191
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    • 2002
  • In this paper, We analysed the technical characteristics of a automatic identification system that will introduce in aviation and marine radio stations. IMO's Marine Safety Committee approved revision of chapter V of the Safety of Life at Sea(SOLAS) Convention in 73rd meeting. According to this, AIS will become a mandatory carriage requirement by 01 July 2002. AIS as a surveillance system continuously receives its own position from the GNSS and then repeatedly broadcasts it on a VHF data link for avoiding traffic conflicts and possible disasters. VHF data link is organized so that a specified number of time slots make up a repeatable frame. Each radio station can autonomously allocate and deallocate slots within the frame using selection algorithm which is called SOTDMA(Self-Organized Time Division Multiple Access). The results can be an aid in the continued of understanding technical characteristics for AIS as a broad surveillance system.

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A Critical Review and Proposal to Legislation in respect of Actual Carrier's Liability under the Commercial Act (상법상 실제운송인의 손해배상책임에 관한 비판적 고찰과 입법론)

  • KIM, Chan-Young
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.327-348
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    • 2016
  • Under the Korean legal system, as an actual carrier is not the contractual party to the contract for carriage of goods by sea, it has been tortiously liable for the damage to, or loss of cargo, should there be the negligence by its part. However, the Rotterdam Rules introduces a revolutionary liability regime for the actual carrier. According to the Rotterdam Rules, the liability of the actual carrier is same with that of a contractual carrier with the result that a shipper is entitled to bring the direct action to the actual carrier, as well as the contractual carrier on the same basis. Nevertheless, it is expected to take long time for the new approach in respect of actual carrier's liability to be confirmed by many countries, and furthermore most of shipping countries including Korea still adopt the Hague-Vis by Rules where the shipper is not allowed to bring the direct action to the actual carrier. This study reviews on whether or not the alteration of actual carrier's liability based on Rotterdam Rules would be reasonable, considering the current Korean legal system. Furthermore, this study, whilst recognizing that the overall introduction of the new liability regime is somewhat premature, suggests the imposition of contractual liability to the actual carrier from a long-term perspective. Having in mind that the article 809 of the Korean Commercial Act allows the shipper to bring the direct action to the shipowner only in the case that a time charterer is the contractual carrier, this study explores a method to apply the contractual liability to the actual carrier in the case that a slot charterer or freight forwarder is the contractual carrier, in order to establish the uniform liability system.

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A Discussion on Container Loss Accidents and Responses During Ship Voyage (선박 운항 중 컨테이너 해상유실 사고 및 대응에 관한 고찰)

  • Hwang, Daejung
    • Journal of Navigation and Port Research
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    • v.46 no.4
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    • pp.331-337
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    • 2022
  • In 2021, the Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection (GESAMP), a U.N. advisory research institute, cited container loss as one of six sources of marine litters in shipping. The sinking of the X-P ress Pearl in May 2021 caused a catastrophic environmental pollution accident in which the loaded containers were moved to the shore, and the plastic pellets were loaded inside covered the coast of Sri Lanka. With this history, the International Maritime Organization (IMO) will discuss prevention and follow-up measures for container loss during ship voyages, as an agenda at the 8th Sub Committee on Carriage of Cargoes and Containers meeting in September 2022. To establish Korea's response direction at the IMO meeting, this study identified major causes of container loss accidents, and considered the response through analysis based on the accident investigation report and related professional data. As a result, it was found that the major cause of container loss during voyages was the enlargement of container ships, bad weather, and poor loading of containers. In particular, the need to prepare countermeasures for the deterioration of the operational safety of large container ships due to bad weather was identified. Additionally, integrated monitoring of the implementation of international conventions is required, for the safe sea transportation of container cargo. In particular, in terms of preservation of the marine environment, it is necessary to supplement the system for the recovery of lost containers. Finally, it was found that it is necessary to establish systems that can complement each other in the shipbuilding and shipping industries, in terms of shipbuilding as well as ship operation, to fundamentally prevent container loss accidents at sea. It is judged that it is difficult to resolve the various factors of container loss at sea during voyages, by responding from an individual perspective.

Liability under the master to sign B/L issued on Chartered Ship (용선한 선박에 적재된 화물에 대해 발행된 선하증권의 서명에 따른 책임관계)

  • Kim, Sunok
    • Journal of Korea Port Economic Association
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    • v.29 no.1
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    • pp.47-66
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    • 2013
  • This article reviews some problems arises from signing by the master bills of lading issued on time chartered ship. The underlying purpose of time charters is generally for the charterers to have the services of the vessel in order to engage in the business of carriage of goods by sea, a business which is likely to involve the issue of bills of lading to shippers. Charterer under the charter have a right to issue B/L, thereby the master must sign bill of lading as presented, but may not vary the contract. Bills of lading signed by, or on behalf of the master, impose contractual liabilities upon the shipowner. Charterer have no right to ask the master to sign a bill of lading in any way deviating from the charterparty. If the shipowner suffers loss as a result of the master obeying any order about employment or agency, he will be entitled to an indemnity from the charterer. The master may refuse to sign bills of lading which contain some discrepancy such as a false statement and manifestly inconsistent with the requirements of the charterparty.

Comparative Study on the Motion Responses for a 40ft Class Cruise Leisure Boat (40ft 급 크루즈 레저보트의 운동성능 해석 및 모형시험 비교 연구)

  • Kim, Dong-Jin;Rhee, Key-Pyo;Yum, Deuk-Joon;Zhang, Yang
    • Journal of the Society of Naval Architects of Korea
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    • v.50 no.4
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    • pp.240-247
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    • 2013
  • Hydrodynamic characteristics of a planing craft are very sensitive to the hull form variations, especially when the craft navigates with high-speed. Therefore, we need to verify hydrodynamic performances of the craft during the process of hull form design. In this paper, motion performances of a 40ft class cruise leisure boat are evaluated by both model tests and theoretical analyses using two different methods. Model tests are carried out at calm sea and regular wave conditions using high speed towing carriage installed in SNU towing tank. Theoretical methods used are a empirical method proposed by Martin (1976) and a potential method based on Rankine panel (DNV, 2010). The results from the theoretical methods are compared with and verified by those of model tests. Results of empirical formula showed somewhat larger motion RAOs and resonant frequencies than those of model tests. Potential based method showed even larger discrepancies with the model test results. From the analyses of comparison results, we could confirm the limitation of each theoretical method and suggest the way of improvement for the better prediction of motion performances.

A Study of Legislation for The Offshore Support Business Revitalization - Focusing on the amendment of Maritime Transport Act - (해양플랜트 지원사업 활성화를 위한 입법론적 연구 - 해운법 개정을 중심으로 -)

  • Jin, Ho-Hyun;Lee, Chang-Hee
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.21 no.4
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    • pp.428-436
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    • 2015
  • This paper considered the concept and characteristic OSV operation business for support the offshore plant and suggested amendment Maritime Transportation Laws, legislative proposals to solve the legal absence and to develop offshore service industry. Because Maritime Transportation Laws specialized for the carriage of passenger and goods by sea is not perfectly covered with Offshore support business in Korea. So it is necessary to make an explicit amendments for the article of Maritime Transportation Laws that founds absence of the law with the definition of terms to correspond related existed regulation reflected on the characteristic offshore support business by using OSV to develop offshore plant industry including support, service, supply, transportation etc. I expect that this paper will be a basic study to make a government policy, law, regulation to activate Offshore Service Industry in the future.

A Study on the Seller's Obligation of Conformity of Transport Documents in Shipment Sales under CISG - Focused on Bill of Lading (해상송부매매에서 국제매매협약상 매도인의 서류적합의무에 관한 일고찰 - 선하증권을 중심으로 -)

  • Hur, Hai-Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.37
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    • pp.61-85
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    • 2008
  • Bills of lading are crucial in international sales on shipment terms since they guard buyers against loss of or damage to the goods in transit by giving them the rights against carriers. A bill of lading, as document of title, gives the buyer the right to demand physical possession of the goods from the carrier and enables the buyer who is in possession of damaged or short-delivered goods to sue the carrier. In this context the buyer in sales on CIF or CFR terms or FOB terms with additional services benefits from the bill of lading which functions as a receipt of goods and a evidence of the terms of the contract of carriage. Protection of such buyer's interests can be provided in the sale contract through appropriate express or implied terms on the seller's documentary obligations: Which transport document, a bill of lading or a sea waybill, is required? Who should be named as the consignee in the transport document and, in case of bill of lading, by whom should the bill be endorsed? What should be stated in the bill of lading for the quantity of the goods? How about a bill of lading that contains so called "unknown clause"? How many bills of lading for the entire contract goods should be tendered? Can a bill of lading stating that the goods have been shipped in apparent good order and condition also state that the goods were damaged after shipment? This paper seeks to provide answers for these particular questions.

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