• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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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.

• International Commerce and Information Review
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• v.14 no.3
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• pp.559-583
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• 2012

This study was conducted on the assumption that for Incheon international airport to become the logistics hub of northeast asia's region, it is necessary to investigate and analyze problems of forwarder's international air cargo transportation process, those factors and so on. The conditions of the process of international air cargo transportation was analysed individually according to the time required, satisfaction and problems of each step of process by dividing those into import and export. Consequently it turned out that the time required for the export process of the international air cargo transportation is longer by about 1 hour than the import process which means the improvement of import section rather than export is more urgent to improve the overall international air cargo transportation process. For the improvement of the process, it is also necessary to construct the international air cargo transportation' information system, secure competition of operating and to improve logistics standardization by considering all factors above.

• International Commerce and Information Review
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• v.12 no.2
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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.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2022.06a
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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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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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.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.29 no.4
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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.

• Journal of Korean Society of Transportation
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• v.22 no.5
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• pp.35-45
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• 2004

This paper analyzes the differences in the service quality priorities of air cargo service providers and customers. After having identified what constitutes the decisive factors with regards to air cargo service quslity, research was carried out to evaluate the differences in the service quality priorities of air cargo service providers and customers. Moreover, this paper analyzes these differences by separating air cargo service providers into Korean and international air cargo service providers. In order to attain the objectives of this research, the air cargo service sectors were divided into three general categories: supply capability(H/W), service accountability, and competitiveness of service fees and management capability(S/W). The researchers then placed 6 different criteria into each service category, for a total of 18. The evaluation of the service quality priorities of air cargo service providers and customers revealed very little difference between these two groups. With regards to the service criteria found in each service category, our research found marked differences between the service quality priorities of providers and customers in only three of the 18 criteria. However, we found marked differences in service quality priorities in 7 of the 18 criteria when the air cargo service providers were divided into Korean and international air cargo providers. While domestic air cargo service providers evaluated management's capability to handle cargo accidents and incidents as the most important priority, international air cargo service providers placed the highest priority on the cargo rate system. The results of this research imply that in order to properly evaluate the differences between the service quality priorities of air cargo service providers and customers, the air cargo service providers itself should be separated between the Korean air cargo service providers and the foreign providers because of their respective inherent perception on service quality.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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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.

• International Commerce and Information Review
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• v.12 no.3
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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.

• Journal of Arbitration Studies
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• v.13 no.2
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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.