• 무역상무연구
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• 제69권
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• pp.371-388
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• 2016

International air transport for cargo services is a facilitator for various trade sectors and, by itself, an important service industry. Although international air cargo industry is expected to grow continuously, industry stakeholders complain about legal constraints in the industry and demand more liberalized regime. From its birth at the beginning of the 20th century, the airline industry was tightly regulated by governments with a strong tradition of protectionism. In the past few decades, however, protectionism in the airline industry has steadily declined. Indeed, the airline industry is largely in the process of liberalization. Interestingly, it has been easier to liberalize air cargo service than passenger service. Indeed, states have traditionally shown far more willingness to provide market access for foreign carriers carrying cargo than passengers. Given the impact of air cargo service in a state's wider economy and own characteristics of cargo services (i.e. air cargo traffic is inherently one-way, unlike passenger traffic, which tends to involve round trips), more liberalized approach is necessary for air cargo services. Among three approaches: bilateral, regional (block-based) and multilateral, it is desirable to adopt a multilateral treaty (a new multilateral all-cargo agreement) so as to harmonize and simplify complicated trade regulations on air cargo services.

• 통상정보연구
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• 제14권3호
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• pp.559-583
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• 2012

본 연구는 인천국제공항이 국제항공화물운송에 있어서 동북아의 중심이 되기 위하여 국제물류주선업자의 국제항공화물운송 프로세스의 문제점과 애로요인, 개선사항 등을 조사 및 분석해보는 것이 필요하다는 전제하에 수행되게 되었다. 국제항공화물운송 프로세스의 여건은 수출 및 수입으로 구분하여 개별 프로세스별 소요시간과 만족도 그리고 프로세스 단계별 문제점을 분석하였다. 그 결과 국제항공화물운송 수출프로세스의 소요시간이 수입프로세스의 소요시간 보다 약 1시간 더 소요되는 것으로 나타나 국제항공화물운송의 프로세스를 개선하기 위해서는 수출보다는 수입부문의 프로세스 개선이 시급한 것으로 나타났다. 또한, 이상의 사항을 종합하여 항공화물 정보시스템 구축, 화물조업의 경쟁력 확보, 물류표준화 개선 등이 향후 개선되어야할 과제로 도출하였다.

• 통상정보연구
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• 제12권2호
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• pp.385-405
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• 2010

The purpose of this study is to investigate liability risk of air cargo carrier and suggests ideas for solving problems which could be happen to air transporters on the future. because of Air transport remains one of the world's fastest growing and most important industries. And important treaties and contracts specifying transporters' responsibility regarding big scale aircraft accidents are such as Warsaw Convention in 1929, Hague Protocol in 1955, Montreal Convention in 1999. The Montreal Convention, formally the Convention for the Unification of Certain Rules for International Carriage, is a treaty adopted by Diplomatic meeting of ICAO member states in 1999. It amended important provisions of the Warsaw Convention's concerning compensation for the victims of air disasters. In conclusion, suggests to the method of air cargo security and cargo legal liability insurance which is for air cargo carrier's risk management.

• 한국항해항만학회:학술대회논문집
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• 한국항해항만학회 2022년도 춘계학술대회
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• pp.204-206
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• 2022

The global economy and the air transport business have been affected since the spread of the COVID-19 pandemic. As countries tighten restrictions on international movements, the growing emphasis on air cargo puts pressure on airports to maintain and upgrade their cargo policies, facilities, and operations. Hence, ensuring the competitiveness of cargo airports becomes pivotal for airports survival under the volatile global demand. The study aims to evaluate the importance of the competitiveness factors for cargo airports and identify areas for further improvement. The study applies the Best-Worst Method (BWM) to assess the cargo airports' competitiveness factors: 'Transport Capacity,' 'Airport Operations and Facility Capacity,' 'Economic Growth,' 'Financial Performance,' and 'Airport Brand Value.' The selected airports include Heathrow Airport, Aéroport de Paris-Charles de Gaulle, Hong Kong International Airport, and Incheon International Airport. The results identify 'Transport Capacity' as the most significant competitiveness factor, and Hong Kong International Airport the best performing cargo airport. This research forms a reference framework for evaluating cargo airports' competitive position, which may help identify airports' relative strengths and weaknesses. Moreover, this framework can also serve as a tool facilitating the strategic design of airports that may accommodate both air cargo and passenger demand flexibly under the demand uncertainty.

• 무역상무연구
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• 제20권
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• pp.213-239
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• 2003

This paper intends to describe the liability regime of the air carrier under the Montreal Convention of 1999 for the international cargo, comparing to those of the existing Warsaw Convention system. Also this paper deals with main issues of the Montreal Convention which are relevant for the carrier's liability in the carriage by air of cargo. The Warsaw Convention was adopted in 1929 and modified successively in 1955, 1961, 1971, 1975, and 1999. The Montreal Convention of 1999 modernized and consolidated the Warsaw Convention and related instruments. International air carrier is liable by application of principle of strict liability as stated in the Montreal Convention : The carrier is liable for the destruction or loss of, or damage to cargo and delay during the carriage by air, and the carrier's liability is limited to a sum of 17 Special Drawing Rights per kilogramme. However, the Montreal Convention has main outstanding issues with respect to the liability of the air carrier : potential conflicts between the Montreal Convention and the Warsaw Convention, the amounts of limits of the carrier's liability, the duration of the carrier's liability, the exessive litigation, and the aviation insurance. Therefore, the conditions and limits of the carrier's liability under the Montreal Convention should be readjusted and regulated in detail.

• 한국항공운항학회지
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• 제29권4호
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• pp.142-152
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• 2021

The International Civil Aviation Organization (ICAO) and the World Customs Organization (WCO) emphasize securing supply chain security through mutual cooperation between aviation security and customs by establishing a standardized security system by regulations, procedures and practices of international air cargo. Accordingly, in accordance with the Aviation Security Act, the known consignors system aims to secure cargo security before loading air cargo into the aircraft, while the customs AEO system is a public-private cooperation program that focuses on simplification of customs clearance procedures. These systems basically have the same purpose of effectively identifying high-risk cargo through a risk-based approach in international air cargo transportation and preventing risks in advance, and the content that a common basic standard for cargo security must be established is also similar. Therefore, it is necessary to establish a cooperation system by simplifying problems such as cumbersome and redundant authentication procedures and on-site verification through coordination of security requirements for mutual recognition between the two systems. As a result, it is necessary to establish a process for coordinating security and customs' supply chain security program and maximize the effect of harmonizing supply chain security by strengthening the linkage between known consignors and AEO.

• 대한교통학회지
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• 제22권5호
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• pp.35-45
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• 2004

본 논문은 항공화물운송서비스 부문의 서비스 이용자와 제공자와 사이의 서비스 품질 중요도의 차이에 대한 연구이다. 즉, 조사된 서비스 수준 결정요인을 중심으로 국제항공물류서비스의 제공자가 지각하고 있는 요소별 중요도와 제공된 서비스에 대해 이용자의 중요도의 차이를 연구하였다. 또한 서비스 제공자는 국적항공사와 외국적 항공사와 구분하여 그 차이를 살펴보았다. 연구에서는 시비스 항목을 공급능력(H/W), 시비스 신뢰성, 운임경쟁력 및 운영능력(S/W)으로 구분하였으며, 각 항목에는 다시 3개에서 6개의 서비스 요소를 총 18개로 세분하였다. 서버스 항목의 중요도 및 인지도에 있어서 서비스 제공자와 이용자간의 중요도에서는 차이가 없었다. 항목별로 보다 세분화된 서비스요소에서는 총 18개 서비스 요소 중 단 3개의 요소에서만 중요도 차이가 있는 것으로 인식 하였다. 그러나 서비스 제공자를 국적항공사와 외국적항공사로 구분을 한 경우에는 7개의 구성요소에서 서비스 제공자(국적항공사, 이ㅗ국적항공사)와 이용자간의 중요도에 관한 인식의 차이를 보이고 있다. 특히 국적항공사는 화물사고처리능력에 가장 큰 중요도를 두고 있는데 반해 외국적항공사는 기본요율체계에 높은 비중을 두었고 차이를 나타냈다. 이러한 결과는 서비스 품질의 중요도에 대한 인식의 차이를 분석하기 위해서는 국적항공사와 외국적항공사 간에 뚜렷한 차이가 존재하므로 서비스 제공자가 하나의 그룹으로 총체적으로 분석되어서는 안 됨을 의미한다.

• 무역상무연구
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• 제43권
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• pp.201-238
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• 2009

The purpose of this paper is to describe the contents and issues of the draft legislation of Part VI the Carriage by Air of Korean Commercial Code in respect of the domestic carriage of cargo by air, comparing to the related provisions of the Montreal Convention of 1999 for the unification of certain rules for international carriage by air and the related provisions of Korean Commercial Code in respect of the carriage by land and sea. The Montreal Convention in respect of the international carriage by air was adopted in 1999, and Korea has ratified the Montreal Convention in 2007. However, there is now no national legislation in respect of the carriage by air in Korea. Thus, the Ministry of Justice has prepared the draft legislation of Part VI the Carriage by Air of the Korean Commercial Code in July 2008, and the draft legislation is now being reviewed by the National Assembly. The draft provisions of Part VI the Carriage by Air are basically adopting most of the related provisions of the Montreal Convention in respect of the carriage of cargo by air and some draft provisions are applying the related provisions of the Korean Commercial Code in respect of the carriage of cargo by land and sea. In respect of the carriage of cargo by air, the contents of the draft legislation of Part VI the Carriage by Air are composed of the provisions in respect of the liability of the carrier, the rights of the consignor and consignee, the transport document and others. In respect of the carriage of cargo by air, the issues on the draft legislation of Part VI the Carriage by Air are the problems with respect to the extinguishment of the liability of the carrier, the application for the non-contractual claim, the liability limit of the servants or agents of the carrier, the right of disposition of cargo, the effect of breach of the provision in respect of the air transport document, the prescription of claim of the carrier, the immunity reasons from liability of the carrier for the loss or damage of the cargo, the making out of the air waybill, and the effect of the statement of the air transport document. In conclusion, the national legislation of Part VI the Carriage by Air of the Korean Commercial Code will protect the right and interest of the consignor and consignee, and clarify the right and duty of the parties to the air transport. Also it will contribute to the development of the air transport industry in Korea.

• 통상정보연구
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• 제12권3호
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• pp.335-359
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• 2010

The purpose of this study is to interpret the articles revision of the 2009 ISC(Cargo) compared to the 1982. The result of this study is summarized as followings: 1) the 'clause' attached to article in 1982 ISC(Cargo) was deleted in the revision of 2009 ISC(Cargo). 2) 2009 ISC(Cargo) is characterized as the marine insurance firms' acceptance of new environment change, limitation in causation and subject-matter insured, expansion of insurance period, and limited revision. 3) The assured has a large range of choice in 2009 ISC(Cargo) even though both 1982 ISqCargo) and 2009 ISC(Cargo) would be existed further. 4) There are few studies which have a focus on the impact of the relationship between responsibility of the insurer and opportunity of the assured on rate of premium. In the future, the studies on clauses, relationship among clauses, relationship between clause and rate of premium are needed in the 2009 ICC(Air), 2009 IWC(Air Cargo), 2009 ISC(Air Cargo), 2009 IWC(sending by post) et al.

• 한국중재학회지:중재연구
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• 제13권2호
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• pp.377-401
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• 2004

Delay in the air transport occurs when passengers, baggage or cargo do not arrive at their destination at the time indicated in the contract of carriage. The causes of delay in the carriage of cargo are no reservation, lack of space, failure to load the cargo on board, loading the cargo on the wrong plane, failure to off-load the cargo at the right place, or to deliver the covering documents at the right place. The Montreal Convention of 1999 Article 19 provides that "The carrier is liable for damage occasioned by delay in the carriage by air of cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures." The Montreal Convention Article 22 provides liability limits of the carrier in case of delay for cargo. In the carriage of cargo, the liability of the carrier is limited to 17 SDR per kilogram unless a special declaration as to the value of the cargo has been made. The Montreal Convention Article 19 has shortcomings: it is silent on the duration of the liability for carriage. It does not give any indication concerning the circumstances to be taken into account in cases of delay, and about the length of delay. In conclusion, it is desirable to define the period of carriage with accuracy, and to insert the word 'unreasonable' in Article 19.