• The Korean Journal of Air & Space Law and Policy
• /
• v.1
• /
• pp.193-222
• /
• 1989

The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

• The Journal of Korea Institute of Information, Electronics, and Communication Technology
• /
• v.10 no.4
• /
• pp.295-303
• /
• 2017

In this paper, we analyze the trends of the international shipping market and the domestic and foreign factors of the crisis of the domestic shipping market, and identify the characteristics of the recovery of the Busan New Port trade volume which has decreased since the crisis of the domestic shipping market We quantitatively analyzed the future volume of Busan New Port and analyzed the trends of the prediction and recovery trends. As a result of analyzing Busan New Port container cargo volume by using big data analysis tool R, the variation of Busan New Cargo container cargo volume was estimated by ARIMA model (1,0,1) (1,0,1)[12] Estimation error, AICc and BIC were the most optimal ARIMA models. Therefore, we estimated the estimated value of Busan New Port trade for 36 months by using ARIMA (1, 0, 1)[12], which is the optimal model of Busan New Port trade, and estimated 13,157,184 TEU, 13,418,123 TEU, 13,539,884 TEU, and 4,526,406 TEU, respectively, indicating that it increased by about 2%, 2%, and 1%.

• Korean Journal of Remote Sensing
• /
• v.39 no.5_4
• /
• pp.1173-1183
• /
• 2023

Over the past 20 years, Korea's overall import and export cargo volume has increased at an average annual rate of approximately 5.3%. About 99% of the cargo is still being transported by sea. Due to recent increases in maritime cargo volume, congestion in maritime logistics has become challenging due to factors such as the COVID-19 pandemic and conflicts. Continuous monitoring of ports has become crucial. Various ground observation systems and Automatic Identification System (AIS) data have been utilized for monitoring ports and conducting numerous preliminary studies for the efficient operation of container terminals and cargo volume prediction. However, small and developing countries' ports face difficulties in monitoring due to environmental issues and aging infrastructure compared to large ports. Recently, with the increasing utility of artificial satellites, preliminary studies have been conducted using satellite imagery for continuous maritime cargo data collection and establishing ocean monitoring systems in vast and hard-to-reach areas. This study aims to visually detect ships docked at berths in the Busan New Port using high-resolution satellite imagery and quantitatively evaluate berth utilization rates. By utilizing high-resolution satellite imagery from Compact Advanced Satellite 500-1 (CAS500-1), Korea Multi-Purpose satellite-3 (KOMPSAT-3), PlanetScope, and Sentinel-2A, ships docked within the port berths were visually detected. The berth utilization rate was calculated using the total number of ships that could be docked at the berths. The results showed variations in berth utilization rates on June 2, 2022, with values of 0.67, 0.7, and 0.59, indicating fluctuations based on the time of satellite image capture. On June 3, 2022, the value remained at 0.7, signifying a consistent berth utilization rate despite changes in ship types. A higher berth utilization rate indicates active operations at the berth. This information can assist in basic planning for new ship operation schedules, as congested berths can lead to longer waiting times for ships in anchorages, potentially resulting in increased freight rates. The duration of operations at berths can vary from several hours to several days. The results of calculating changes in ships at berths based on differences in satellite image capture times, even with a time difference of 4 minutes and 49 seconds, demonstrated variations in ship presence. With short observation intervals and the utilization of high-resolution satellite imagery, continuous monitoring within ports can be achieved. Additionally, utilizing satellite imagery to monitor changes in ships at berths in minute increments could prove useful for small and developing country ports where harbor management is not well-established, offering valuable insights and solutions.