• Title/Summary/Keyword: Delivery Document

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A Comparative Study of Sea WaybilI and Electronic B/L in the International Contract of Carriage (국제운송계약상 해상화물운송장과 전자선하증권의 비교연구)

  • Kim, Eun-Joo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.51
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    • pp.317-358
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    • 2011
  • The purpose of this study aims to analyse the key differences of the sea waybill and electronic B/L in the international transport documents. Sea waybills look remarkably like ordinary bills of lading. Indeed, in two important ways, they are just like bills of lading: the front of the document will near a description of the quantity and apparent condition of the goods; and the back of the document provides evidence of the terms of the contract of carriage. They differ from bills of lading in that, far from indicating that the goods described are deliverable to the order of the shipper or of the consignee, they will make it explicit that the goods are deliverable only to the consignee. Again, different carries will do thai in a variety of ways. For example, the document may call itself non-negotiable, omitting the word order from the consignee box on the front of the document, and stating explicitly that the goods will be deliverable to the consignee or his authorised representative on proper proof of identity and authorisation. The Hague-Visby Rules and Hamburg Rules give no guidance as to any right to instruct the carrier in respect of goods while they are in transit. However, in applying Article 50 of the Rotterdam Rules, in particular when applying it in the context of seawaybills, straight bills of lading or ship's delivery orders, regard would need to be had to preserve the shipper's rights under any of those three documents even after the buyer of goods covered by them has acquired rights of its own. And, the right of control is defined at Article 1.12 of the Rotterdam Rules. The right to give instruction is further limited by the terms of Article 50.1 to three particular types of instruction in respect of the goods, relating broadly to the goods, their delivery en route, and the identity of the consignee. And, the CMI formulated the CMI Uniform Rules for Sea Waybills for voluntary incorporation into any contract of carriage covered by such a document. Recognising that neither the Hague nor the Hague-Visby Rules are applicable to sea waybills, the CMI Rules provide that a contract of carriage covered by a waybill shall be governed by whichever international or national law, if any, would have been compulsorily applicable if the contract had in fact been covered by a bill of lading or similar document of title.

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The Risks of Transport Documents under L/C Transaction (신용장거래에서 운송서류의 위험요인에 관한 연구)

  • Park, See-Woon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.45
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    • pp.85-109
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    • 2010
  • L/C provides the exporter and the importer with safe assurance in the exchange of goods for payment in international trade. It involves a number of parties. Although the parties may have confidence in their client, bad faith or ignorance of international banking practice by any of these parties could cause the failure of transaction, which makes international trade a risky business. Most of the risks are found in transport document, which can cause disputes. There are many factors in the risk of transport documents under L/C transaction. One most common risk factor for the beneficiary in all transport documents is even if there is no discrepancy in document, the issuing bank or the applicant refuses to pay or delay payment insisting there is a discrepancy. In some very rare cases, the beneficiary may not get paid due to unfair injunction of the local court of the applicant. For the applicant, most common risk factors are fake bill and fraud. Risks classified according to the sorts of transport documents are as follows. 1. In B/L, payment can be refused because it is regarded as charter party B/L, although there is no real charter party contract. And the applicant can bear the potential risk of the loss or deterioration of cargo through transhipment of the cargo loaded on board in container if transhipment is prohibited without excluding of UCP 600 article 20 (c). 2. In charter party B/L, the applicant may take delivery without paying when charter party B/L is signed by charterer, which can result in a big loss for the beneficiary and the negotiating bank. And risks may arise when cargo is seized because the charterer does not pay the hire. The applicant and the issuing bank are also vulnerable to a risk - Against whom should they file a suit when cargo gets damaged during transportation? 3. In multimodal transport document, which is subject to a conflict because there is a big difference in viewpoints between transport industry and banks, conflicts may also arise when L/C requires ocean B/L and accepts multimodal transport document at the same time, but does not specify the details. 4. In air waybill, where the consignee is not the issuing bank but the applicant, risks may take place to the beneficiary when the applicant takes delivery but refuses to pay asserting minor discrepancies in document. The applicant may also bear the risk when cargo may not be loaded because air waybill is a received bill. Another risk may arise when although the applicant prohibits transhipment without excluding UCP 600 article 23 (c), the cargo may be transhipped, provided that the entire carriage is covered by one and the same air waybill.

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prEN 1991-1-4:2021: the draft Second Generation Eurocode on wind actions on structures - A personal view

  • Francesco Ricciardelli
    • Wind and Structures
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    • v.37 no.2
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    • pp.79-94
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    • 2023
  • This paper traces the drafting of the new EN 1991-1-4 Eurocode 1 - Actions on structures - Part 1-4: General actions - Wind actions within Mandate M/515 of the European Commission to CEN, for the evolution of structural Eurocodes towards their Second Generation. Work of the Project Team started in August 2017 and ended in April 2020, with delivery of a final draft for public enquiry. The revised document contains several modifications with respect to the existing 2005 version, and new sections were added, covering aspect not dealt with in the previous version. It has a renovated structure, with a main text limited in size and containing only fundamental material; all the remaining information, either normative or informative is arranged into thirteen annexes. Common to other Eurocode Parts, general requests from CEN were those of reducing the number of Nationally Determined Parameters and of enhancing the ease of use. More specific requests were those of (a) the drafting of a European design wind map, (b) improving wind models, (c) reviewing force and pressure coefficients, (d) reviewing the procedures for evaluation of the dynamic response, as well as (e) making editorial improvements aimed at a more user friendly document. The author had the privilege to serve as Project Team member for the drafting of the new document, and this paper brings his personal view concerning some general aspects of wind code writing, and some more specific aspects about the particular document.

King's Status Reflected in The Joseon Dynasty's Document transmission System (조선 문서행이체제에 반영된 국왕의 위상)

  • Lee, Hyeongjung
    • The Korean Journal of Archival Studies
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    • no.66
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    • pp.203-227
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    • 2020
  • This article explores the influence of the king in the Joseon dynasty's document transmission system, focusing on some exceptional cases. According to the Joseon's law, the form of official documents depended on rank differences between receiver and sender. However, there were cases of not following the general principles such as Byungjo(兵曹), Seungjeongwon(承政院) and Kyujanggak(奎章閣). Byungjo was a ministry in charge of military administration. Seungjeongwon was a royal secretary institution which assisted the king and delivered king's orders that existed from the early Joseon. Kyujanggak was a royal library and an assistant institution of the king that was established in the JeongJo(正祖) era. Byungjo was regarded as a relatively high-ranking institution when it sent and received military-related documents. Seungjeongwon and Kyujanggak could use Kwanmoon(關文) to upper rank institution. Kwanmoon was the document form used for institutions of the same or lower rank than itself. Conversely, higher rank institutions used Cheobjeong(牒呈) which was stipulated as a document form to using upper rank institution in law to send them. The reason that they could have privileges in transmission document system was that Joseon had an administrative system centered on the king. Byungjo was an institution entrusted with military power from King. Seungjeonwon and Kyujanggak took charge of the assistance and the delivery of King's order. so they could have a different system of receiving and sending document than the others. In conclusion, the Joseon Dynasty operated exceptions in document administration based on the existence of the king, it means Joseon's transmission document system was basically operated under the Confucian bureaucracy with the king as its peak.

A Study on Improvement Measures for the Design Documents Delivery System in Public Road Construction Projects (공공 도로건설사업에서의 설계도서 납품체계 개선방안에 관한 연구)

  • Ok, Hyun;Kim, Seong-Jin;Kim, Tae-Hak;Ju, Ki-Bum
    • International Journal of Highway Engineering
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    • v.20 no.2
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    • pp.45-55
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    • 2018
  • PURPOSES : This study aims to survey and analyze the status of the design and completion documents output delivery system in public construction projects in order to assess the problems of the Ministry of Land, Infrastructure and Transport (MOLIT)'s electronic delivery system, with a focus on roads and rivers, and to offer improvement measures. METHODS : This study first surveys and analyzes laws and existing study trends with regard to the design and completion documents output delivery system in public construction projects. It further analyzes the status of the output delivery system in public construction projects, including roads, rivers, expressways, water resources, and railroads. In addition, a comparative analysis of the current electronic delivery system of MOLIT and Korea Expressway Corporation in the road field is conducted, and the problems and improvement measures for MOLIT's electronic output delivery system are presented. This study seeks to analyze problems and prepare improvement measures with regard to road and river public construction projects, as ordered by MOLIT's five regional offices. RESULTS : This study sought to prepare the electronic output delivery system with regard to public construction projects and present the analysis of its major problems and improvement measures in four categories: "the preparation of electronic design documents output delivery system improvement measures including inspection and delivery," "preparation of guidelines, systems, etc., concerning electronic design documents," "preparation of improvement measures for the construction project management system and electronic design document support tools", and "linking of MOLIT's electronic output delivery system with relevant agencies and the expansion thereof to local governments." CONCLUSIONS : This study analyzed the current status and problems of the MOLIT's electronic output delivery system in the field of road and river construction projects, and presented corresponding improvement measures. This study is expected to address the problems of the MOLIT's electronic output delivery system, and to provide the foundation for the preparation of an efficient electronic output delivery system for design and completion documents. In addition, this study is expected to boost the quality and utilization of the electronic design documents output, and to exchange, share, and link construction information among relevant agencies so as to prepare the foundation for sharing construction information.

A Study on the Framework of Operational Requirements Document(ORD) for Weapons System after Requirements Decision (소요결정 이후의 무기체계 운용요구서(ORD) 작성 프레임 연구)

  • Lee, Jeongyeol
    • Journal of the Korea Institute of Military Science and Technology
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    • v.23 no.1
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    • pp.87-95
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    • 2020
  • Delivering the weapons system requirements of the military to the acquirer is an essential activity for the development of the defense industry as well as the successful acquisition of a weapons system. In order to ensure successful delivery of requirements, the creation of a weapons system Operational Requirements Document(ORD) has been mandated since 7. 2013. However, according to the results of a study which analyzes recently-created ORD, a number of problems are occurring. For one, some items in created ORDs differ from what the ORD template requires. In addition, the overall mission area of the weapons system to be acquired and the core parts(operation performance, system performance, and core performance) of ORD are being poorly recorded. In response, this study presented a framework(focused on a creating method of overall contents and core parts) for the creation of ORDs which can solve the problems that arose during ORD creation in the past.

A Personalized XML Documents Delivery System (사용자 정보에 기반한 XML문서 전달 시스템)

  • 유상원;이형동;김형주
    • Journal of KIISE:Computing Practices and Letters
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    • v.9 no.5
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    • pp.487-497
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    • 2003
  • There have been many filtering systems covering mail or news. Documents filtered by them consist of general text or HTML. XML is emerging as a new standard for information exchange. So, filtering systems need new approaches in dealing with XML documents. Our system suggests a method to describe user profiles with XML's ability to represent schema and structure. An user profile is made from DTD information and it is supposed to point the specific part of a document conforming to the DTD. More, it is different from the existing systems in extracting part of a document. An user profile is reflected in XML query to get part of an XML document.

A Study on XML/EDI System Security using XML Signature (XML 전자서명을 이용한 XML/EDI 시스템 보안에 관한 연구)

  • 이경록;서장훈;박명규
    • Journal of the Korea Safety Management & Science
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    • v.4 no.1
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    • pp.57-68
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    • 2002
  • As Internet spreads rapidly, the industrial structure is changing to a new paradigm. The previous EDI system was asked to change and WEB EDI, E-Mail EDI, FTP EDI etc. which are based on the internet appeared. These days the XML/EDI which has XML document appeared. The XML/EDI consider advantages and disadvantages of VAN/EDI and EDI which based on the internet. Also, EDI system has to assure a safe exchange between sender and receiver. But, the internet has security problems because it uses a open TCP/IP protocol. Although there are many methods for security, it is being studied with XML concept. On this paper, we will suppose the XML/EDI system model with XML Signature, and build a procedure of electronic signature and delivery of document between sender and receiver.

Interlending and Document Supply : A Review of Recent Literature (상호대차 및 문헌제공서비스에 관한 문헌고찰)

  • Noh, Kyung-Ran
    • Journal of Information Management
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    • v.31 no.3
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    • pp.35-47
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    • 2000
  • Reviews literature related to several aspects of interlending and document supply. Examines the impact of World Wide Web delivery and the ever-increasing number of periodicals being published electronically. Interlinked with these two factors is the creation of digital libraries. Discusses some of the projects undertaken by higher education institutions to deliver electronic material to researchers and students. Includes articles on various resource sharing activities highlighting the usual access versus owernership issues.

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A Study on Effective Information Delivery System in Aviation Maintenance (효율적인 항공정비 정보전달 체계에 관한 연구)

  • Kim, Chun-Yong;Hwang, Hyoe-Jung;Kim, Chil-Young
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.18 no.2
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    • pp.46-53
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    • 2010
  • In the aspect of the nature of aircraft maintenance work on divisible tasks carried out by a wide range of operation and expertise, any information transmission problems will not only cause a threat to flight safety but also reduce productivity by keeping the team from fulfilling its mission of delivering aircraft with airworthiness. In this regard, this study firstly identify the current status of information of aircraft maintenance and factors disturbing information transmission. Then, this article also find out the level of information culture of the AMT(Aircraft Maintenance Technicians) and problems in using information. Finally, suggestions on the model of the positive information culture in a field of aircraft maintenance through efficient use of the information including safety will be followed.