• Title/Summary/Keyword: China Maritime Code

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A Study on the Strategy of Establishing China Maritime Performing Party System

  • Noh, Chang-Kyun;Liu, Xiaoxian
    • Journal of Navigation and Port Research
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    • v.36 no.9
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    • pp.781-786
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    • 2012
  • Based upon the analysis of the former paper, this paper suggest that present problems existing in China's relevant laws and regulations, the difficulties in constructing China's maritime performing party system, the strategy in constructing maritime performing party in China. The writer focused on the strategies of establishing maritime performing party in China, and analyzed the problems which needed to pay attention. Finally, in the writer's view, China does not need to take part in the Convention, and can establish the maritime performing system by amending China Maritime Code.

A Study on Carrier's Liability and Its Legislative Policy of Chinese Maritime Code (중국 해상법의 입법정책과 운송인의 책임에 관한 연구 - 국제해상운송협약과 비교법적으로 -)

  • Hwang, Seok-Kap;Jin, Qiu
    • Journal of the Korean Institute of Navigation
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    • v.21 no.1
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    • pp.89-102
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    • 1997
  • Since 1979, the People's Republic of China has been opeining their marke tprogressively toward all over the world for developing its own domestic economy and international trade. China also has paid a great attention to the international maritime transport due to the fact that its volume of international trade has increased continuoulsy. Under such circumstance, the Chinese Maritime Code was issued in 1992 in which the regulation with regard to carrier's liability occupied an important position. The author, therefore, selected this issue for demonstration of the legal proinciples about carrier's liability which is provided in the Chinese Maritime Code. The study on the issue is under guidance of related international conventions. On the basis of the above, the differences between the Code and relevant conventions have been pointed out in order to make the people in the field of shipping understood for legal system with regard to carrier's liability in China which is a great potential partner of Korea in shipping and trade.

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A Study on the Actual Carrier in Carriage of Goods by Sea in Maritime Code of China (중국해상법상의 해상물건운송 중 실제운송인에 관한 연구)

  • Ma, Yanqiu
    • Journal of the Korean Institute of Navigation
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    • v.25 no.3
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    • pp.269-281
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    • 2001
  • Along with the development of marine transport, there emerged the concept of actual carrier. Actual carrier is a special subject in marine cargo transportation. The provisions regarding actual carriers have first been established in the Hamburg Rules and are introduced into the Maritime Code of PRC(hereinafter called the Code). But in China, because of different opinions in the legal interpretation of actual carriers, there is much divergence in practice. The purpose of this paper is to make a study on the definition of the actual carrier, the identity of the actual carrier and the liabilities of the actual carrier in the Code.

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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.

The Assessment and Evaluatin of International Safety Management Code

  • Gu, Wenxian;Wang, Jianping
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 1997.10a
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    • pp.63-69
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    • 1997
  • A series of internatinoal standards in connection with safety of ships, safety management and operation of company, and pollution prevention at sea has been provided in ISM. And that Cheapter IX has been adopted in SOLAS with ISM as its annex gives this code mandatory effect On the eve of the implementation of ISM by IMO. Administrations, classifications, other maritime industry organizations as well as all shipping companies assessmentand evalution have been made inthis paper to thedevelopment of marine safety culture through the discussion of the general recognition of safety culture by IMO and her Contracting States, thenecessity for establishing unity of benefit and safety in a shipping company, the development of scientific safety managment systems and new reflections of safety culture in internation shipping industries.

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A Study on the Damage of Delay in Delivery in Maritime Code of P. R. China (중국(中國) 해상법상(海商法上) 인도지연손해(引渡遲延損害)에 관한 소고(小考))

  • Ma, Yanqiu;Hwang, Seok-Kap
    • Journal of the Korean Institute of Navigation
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    • v.25 no.2
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    • pp.195-205
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    • 2001
  • It has been over seven years since Maritime Code of the Peoples Republic of China (hereinafter called the Code) came into force on July 1st 1993. During this period it has played a very important roll in governing Chinas ocean shipping. However, owing to the defects of the Code, many problems have arisen in the performance of the Code, among which is the problem related to delay in delivery. Therefore, it is necessary and inevitable to revise the Code. This study is limited to a rough study on the regulations related to delay in delivery in the Code, such as the definition of delay in delivery, the carriers responsibility for delay in delivery, the carriers exemption from responsibility for delay in delivery, the limitation of responsibility, the procedures of claims for delay in delivery and the difference of the Code from the Korea Commercial Law, the Hague Rules, the Hague-Visby Rules and the Hamburg Rules. Furthermore, some defects in the Code are pointed out and suggestions are provided for the revision of the Code.

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2D Computational Analysis of Overtopping Wave Energy Convertor

  • Liu, Zhen;Hyun, Beom-Soo;Jin, Ji-Yuan
    • Journal of Ocean Engineering and Technology
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    • v.23 no.6
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    • pp.1-6
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    • 2009
  • An Overtopping Wave Energy Convertor (OWEC) is an offshore wave energy convertor used for collecting overtopping waves and converting the water pressure head into electric power through hydro turbines installed in a vertical duct affixed to the sea bed. A numerical wave tank based on the commercial computational fluid dynamics code Fluent is established for the corresponding analysis. The Reynolds Averaged Navier-Stokes equation and two-phase VOF model are utilized to generate the 2D numerical linear propagating waves, which are validated by the overtopping experiment results. Calculations are made for several incident wave conditions and shape parameters for the overtopping device. Both the incident wave periods and heights have evident effects on the overtopping performance of the OWEC device. The computational analysis demonstrates that the present overtopping device is more compatible with longer incident wave periods.

A Study on the Enactment Proposal of the Ship sale & Purchase in Maritime Law (해사법상 선박매매에 관한 입법적 고찰)

  • Jeong, Seon-Cheol
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2007.12a
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    • pp.51-55
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    • 2007
  • This thesis deals with the legal principles, case law decisions and suggestions for the Sale & Purchase of ships concerning enactment proposal of maritime law. Recently, the shipbuilding market has shown a major shift towards East Asia, particularly Korea, Japan and China. The major Korean shipyards in particular have engaged in substantial investment programmes both to expand their overall shipbuilding capacity and to enter new markets, such as for liquefied natural gas(LNG) carriers. The Korean Government has recently taken interest in the sale & purchase of used ships, utilizing the Internet and has made plans for building the Shipping Exchange in korea. So this thesis examines the situation of the world's shipping industry and the different kinds of the Sale & Purchase of ships. deals with the legal principles, and case law decisions. describes Forms of Shipbuilding Contracts and Memorandums of Agreement of second-hand ships. And makes suggestions for 1) the Shipbuilding Contracts of the shipowner's Association of Korea and 2) The Korean Shipbrokers' Association's Memorandum of Agreement for Ship Sale & Purchase in the korean shipping industry. Having reached the end of this thesis. the writer suggests to make terms of sale of ships in the korean civil code and commercial code, Additionally. the writer suggests to make a special law in relation to the Sale & Purchase of ships. Furthermore, the writer suggests expanding the Shipping Exchange in Korea.

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Computational Analysis of Parabolic Overtopping Wave Energy Convertor (포물선형 월류파력발전장치에 대한 수치해석)

  • Liu, Zhen;Hyun, Beom-Soo;Jin, Ji-Yuan
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.12 no.4
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    • pp.273-278
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    • 2009
  • Overtopping Wave Energy Convertor (OWEC) is an offshore wave energy convertor for collecting the overtopping waves and converting the water pressure head into electric power through the hydro turbines installed in the vertical duct which is fixed in the sea bed. The numerical wave tank based on the commercial computational fluid dynamics code Fluent is established for the corresponding analysis. Several incident wave conditions and shape parameters of the overtopping device are calculated. The straight line type and parabolic type of the sloping arm are compared in the optimal designing investigation of the overtopping characteristics and discharge for OWEC device. The numerical results demonstrate that the parabolic sloping arm is available for wave running up and the overtopping discharge increasing.

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Review of Phytosociological Vegetation Units of Abies koreana Forest on Mt. Halla (한라산 구상나무림의 식물사회학적 식생단위의 재검토)

  • 송종석
    • Journal of Plant Biology
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    • v.34 no.4
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    • pp.341-347
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    • 1991
  • The character and differential species of Abies koreana community, a subalpine coniferous forest, on Mt. Hall a and its vegetation unit were reviewed, based on literature published up to date. Song and Nakanish (1985a) originally described Saso-Abietetum koreanae Song et Nakanishi 1985 for the community. At that time, we were fully justified in establishing the nomenclature. Nevertheless, against this nomenclature, Yim and Kim (1990) made a objection, and it was renamed as what is called Saso quelpaertensi-Abietetum koreanae (Song et Nakanishi) corr. Yim et Kim 1990. In their previous study(Yim et al., 1990) being the root of the nomenclature, however, they did not study on the full layers containing the moss layer of bryophyte and lichen for the stratification of the Abies koreana community, in spite of the importance of the species of moss layer for the selection of character and differential species of vegetation units belonging to Vaccinio-Piceetea Br.-Bl. 1939, and also the floristic composition from their study was not compared with that of the vegetation units of the subalpine coniferous forests in Korea Peninsula, Japan, Maritime Province of Siberia and Northeast China. Among the four character species selected by them, it is clear that Maianthemum bifolim and Lonicera maackii are species no having the characteristic value from the phytosociological viewpoint. Besides, Sasa quelpaerthensis described in their nomenclature is a synonym of S. palmata (Suzuki, 1978). Therefore, their nomenclature is invalid and comes under a contravention (Infringement of Priority) to the Code of Phytosociological Nomenclature (Barkman et al., 1986). Saso-Abietetum koreanae was amply justified also by author's recent study (Song, 1991)examined throughout the range of subalpine coniferous forest in Korea. With the discussion of justification of Saso-Abietetum koreanae, a association discussion was brought in the present review.

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