• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.14
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• pp.153-176
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• 2000

The U.K. Bills of Lading Act 1855 had sought to circumvent the problems arising from the doctrine of privity of contracts. Among the principal factors in the introduction of the Act was the exceptional decision of the court in the case of Grant Norway. The Act 1855 was intended to reverse Grant Norway, but has no effect whatever. As it was not properly drafted, there had been a lot of situations where the Act 1855 was not applicable. In those cases, the courts have implied a contract between cosignee and carrier. This is the effect of the common law Brandt v. Liverpool doctrine. With the enactment of the Carriage of Goods by Sea Act 1992, all of the problems shall be resolved. It repeals the Act 1855 and replaces it with provisions covering not only B/L but also sea waybills and ship's delivery orders. According to the new law, title to sue is now vested in the lawful holder of a bill of lading, the consignee identified in a sea waybill or the person entitled to delivery under a ship's delivery order, irrespective of whether or not they are owners of the goods covered by the document.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.123-144
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• 2012

Seller shall deliver the goods with a perfect condition of packing or container in international trade. Unless otherwise seller shall warranty that the goods arrive at destination with a safe and economic value. Buyer may ask packing is to be made in specific condition or refuse to accept when the packing is not made in accordance with trade customs between among merchants. Especially packing is to be considered under the local law and process. Sometimes tax will be added to specific condition of packing for example glasses, metal sheet or others. Warning signs shall be included as form of both words and diagrams, and be in form of ensuring understanding in the local market. Wide range of warning signs can be used for communications and understanding of packing. Packing of a product can usefully symbolize a range of product information, or any relevant warnings, and give an opportunity for displaying messages of promoting the company and the goods. The seller may choose the best method to maintain its value but find a way to reduce packing cost, size for convenience during delivery, design, and local customs. There are many things to be considered for packing to seller. The purpose of packing is to protect the goods itself and to maintain its economic value during storage, delivery, transshipment, and distribution to end users.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.61
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• pp.3-28
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• 2014

This study describes the buyer's remedies regarding defects in title under CISG. Although CISG stipulates the seller's liability for the delivery of conforming goods physically at Art. 35 and legally at Art. 41 and Art. 42 respectively, the buyer's remedies are not distinguished between non-conformity governed by Art. 35 and defects in title governed by Art. 41 and Art. 42. If the seller does not fulfill his obligation under Art. 41 and Art. 42 to deliver goods which are free from third party claims, the buyer should pay attention to which remedies are available under CISG. Under CISG, for defects in title in the delivered goods, the buyer is entitled to require performance in Art. 46 (1) unless he has resorted to a remedy which is inconsistent with this requirement, to declare the contract avoided by strictly limiting the situation in which the failure by the seller to perform his obligation amounts to a fundamental breach of contract in Art. 49, to claim damages in Art. 74, and to suspend the performance of his obligation where it becomes apparent that the seller will not perform a substantial part of his obligation in Art. 71 (1). Unlike Art. 35 non-conformity, the buyer may not require delivery of substitute goods under Art. 46 (2), claim repair under Art. 46 (3), and declare price reduction for title defects under Art. 50.

• Korean Management Science Review
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• v.18 no.2
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• pp.61-72
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• 2001

This paper presents a decision support system (DSS) for selecting the best delivery policy at an internet general shopping mall with its own distribution center and many outside enterprises linked up with the mall. The DSS provides the decision maker with the performance information of three delivery policies (individual delivery, collective delivery, mixed delivery) for the given service level, customer order pattern, direct/indirect delivery ratio, unit costs of various delivery modes, upper level of goods characteristic index for collective delivery poller, etc. Furthermore, the DSS allows the decision maker to perform the sensitivity analyses of three delivery policies for their major parameters and unit costs of delivery modes. The DSS is developed with AweSim simulation 1anguage and Visual Basic programming 1anguage.

• International Commerce and Information Review
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• v.8 no.3
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• pp.343-368
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• 2006

International transactions of digital goods with the abovementioned characteristics are categorized by stages to review the characteristics and illustrate the problems in this study. The problems that may possibly arise during the implementation of the contract on digital goods are divided by stage, such as delivery, payment and insurance cover in preparation for possible diverse risks. International transactions of digital goods are expected to gain more weight in the world trade in the future. Therefore, legal and technical supports in the international level and international commercial custom need to be settled to smoothen and facilitate international transactions of digital goods.

• Journal of Industrial Convergence
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• v.16 no.1
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• pp.15-20
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• 2018

Along with the increase of internet shopping, crimes that exploited personal information on the invoice of goods are becoming more and more advanced and becoming more and more classified from the interception of goods through voice phishing attack, injury, sexual offense. Therefore, in order to guarantee the anonymity of the customer's delivery information, there is a need for a delivery tracking prevention system which keeps the route information of the product's destination secret among delivery companies. For this purpose, We suggest that delivery tracing protect model based smart contract for guaranteed anonymity to protect the anonymity by encrypting delivery information and by separation of payment and personal information using the anonymity technique of block chain-based cryptography. Our proposed model contributes to expansion of internet shopping based on block chaining by providing information about product sales to company and guaranteeing anonymity of customer's delivery information to customer.

• International Journal of Computer Science & Network Security
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• v.21 no.12spc
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• pp.443-450
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• 2021

The study is devoted to the formation of a economic principles cargo delivery management in global supply chains. Mathematical model of delivering special categories of goods by road is a key element of these principles. The article analyzes the existing studies on solving the problem of cargo delivery in various aspects. It was noted that the greatest attention is paid to legal regulation, last mile delivery, optimization of routes and delivery schemes, information support, technological innovations, cluster routing, etc. In the developed mathematical model a minimum of total costs of forming loading units and freight shipments was defined as the criterion of optimality of organizing delivery by motor transport. The authors propose the creation of logistics clusters allowing the integration of urban transport flows and global supply chains.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.57
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• pp.35-60
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• 2013

The Incoterms which is one of the most useful international instrument for sale of goods provides when a contract goods deliver, risk passes and how costs are allocated between seller and buyer on the contract as long as they agree to use a rule of the Incoterms rules. The Incoterms rules have come into effective to use for an international or domestic trade of goods since January 2011, which have been modified several times since these established by ICC in 1936. The origin of Incoterms rules may had been appeared from English traditional FOB terms that had been affected to American regulations for the sale of goods. The Incoterms rules which had been started from the traditional English FOB terms and American FOB terms have been expanded other trade terms, such as CIF. Although FOB is based on the COD(Cash on Delivery), it is possible replaced COD to CAD(Cash against Delivery) through the use of Bill of Lading and Letter of Credit in the international sale of goods between seller and buyer according to the development of infrastructures on the international commercial transactions. This article exercises the process of transition of the Incoterms rules, being based on the English and American traditional FOB contract form through review literatures, judical precedents and provisions. Then this article provides some feasible alternatives to attempting to resolve some regulation problems of FCA, CPT, CIP, and D-rules in the Incoterms$^{(R)}$ 2010.

• IE interfaces
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• v.16 no.spc
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• pp.33-38
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• 2003

In this paper we study the delivery policy of internet bookstores and recommend the improved policy to increase customer satisfaction and sales revenue. We classify customers into two, the price-sensitive and the delivery time-sensitive, and develop a new shipping method, the unhurried shipping, for the price-sensitive who are reluctant to pay shipping fee for the small purchase but willing to wait extra time for the ordered goods. The customers could get discount on shipping fee by the unhurried shipping but have to accept the longer delivery lead-time. We investigate the possible ways to reduce costs with the prolonged delivery time and show that some costs regarding shipmentand inventory could be saved in order to make up for additional shipping costs for the price-sensitive.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.58
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• pp.127-148
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• 2013

The Rotterdam Rules provide that port terminal operator may avoid or limit their liability for cargo loss, damage or delay in delivery or breach of any other obligation under the Rules by invoking the provisions that may provide a defence for, or limit the liability of, the carrier. Consequently the port terminal operator who are involved in the provision of maritime services may avoid or limit their liability for cargo loss, damage or delay in delivery or breach of any other obligation under the Rules. The port terminal operator to be applied for the Himalaya clause under the Rules must show that it has the requisite link with a Contracting State. In addition, the port terminal operator performs service to the period of time between the arrival of the goods at the port of loading and their departure from the port of discharge. The port terminal operator's liability for breaches of its obligation is limited to 875 SDR per package or other shipping units, or 3 SDR per kilogram of the gross weight of the goods. In addition, compensation for delay shall be limited to an amount equivalent to two and one-half times the fright payable on the goods delayed.