• Title/Summary/Keyword: International Air cargo

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The Limitation of Air Carriers' Cargo and Baggage Liability in International Aviation Law: With Reference to the U.S. Courts' Decisions (국제항공법상 화물.수하물에 대한 운송인의 책임상한제도 - 미국의 판례 분석을 중심으로 -)

  • Moon, Joon-Jo
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.2
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    • pp.109-133
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    • 2007
  • The legal labyrinth through which we have just walked is one in which even a highly proficient lawyer could easily become lost. Warsaw Convention's original objective of uniformity of private international aviation liability law has been eroded as the world community ha attempted again to address perceived problems. Efforts to create simplicity and certainty of recovery actually may have created less of both. In any particular case, the issue of which international convention, intercarrier agreement or national law to apply will likely be inconsistent with other decisions. The law has evolved faster for some nations, and slower for others. Under the Warsaw Convention of 1929, strict liability is imposed on the air carrier for damage, loss, or destruction of cargo, luggage, or goods sustained either: (1) during carriage in air, which is comprised of the period during which cargo is 'in charge of the carrier (a) within an aerodrome, (b) on board the aircraft, or (c) in any place if the aircraft lands outside an aerodrome; or (2) as a result of delay. By 2007, 151 nations had ratified the original Warsaw Convention, 136 nations had ratified the Hague Protocol, 84 had ratified the Guadalajara Protocol, and 53 nations had ratified Montreal Protocol No.4, all of which have entered into force. In November 2003, the Montreal Convention of 1999 entered into force. Several airlines have embraced the Montreal Agreement or the IATA Intercarrier Agreements. Only seven nations had ratified the moribund Guatemala City Protocol. Meanwhile, the highly influential U.S. Second Circuit has rendered an opinion that no treaty on the subject was in force at all unless both affected nations had ratified the identical convention, leaving some cases to fall between the cracks into the arena of common law. Moreover, in the United States, a surface transportation movement prior or subsequent to the air movement may, depending upon the facts, be subject to Warsaw, or to common law. At present, International private air law regime can be described as a "situation of utter chaos" in which "even legal advisers and judges are confused." The net result of this barnacle-like layering of international and domestic rules, standards, agreements, and criteria in the elimination of legal simplicity and the substitution in its stead of complexity and commercial uncertainty, which manifestly can not inure to the efficient and economical flow of world trade. All this makes a strong case for universal ratification of the Montreal Convention, which will supersede the Warsaw Convention and its various reformulations. Now that the Montreal Convention has entered into force, the insurance community may press the airlines to embrace it, which in turn may encourage the world's governments to ratify it. Under the Montreal Convention, the common law defence is available to the carrier even when it was not the sole cause of the loss or damage, again making way for the application of comparative fault principle. Hopefully, the recent entry into force of the Montreal Convention of 1999 will re-establish the international legal uniformity the Warsaw Convention of 1929 sought to achieve, though far a transitional period at least, the courts of different nations will be applying different legal regimes.

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The Origin/Destination Analysis of Container Cargo in International Passenger Terminals - Focused on Incheon Port - (국제여객터미널의 컨테이너화물 기종점 분석 - 인천항을 중심으로 -)

  • Moon, Gwang-Suk;Yoo, Hong-Sung;Kim, Youn-Sung;Lee, Dong-Won
    • Journal of Korea Port Economic Association
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    • v.27 no.2
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    • pp.195-215
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    • 2011
  • The purpose of this article is to provide data to be utilized for marketing to attract future container cargo to the Korea-China Car Ferry Service and to estimate container traffic for the development of the International Passenger Terminal to be newly built in the Incheon Southern Port. An analysis of container traffic through the Passenger Terminal of Incheon Port showed that the container throughput of Incheon Port comprised 20% of traffic. The export cargo traffic in the International Passenger Terminal, 71.4%, or 111,698 TEU of 156,284 TEU in total, was brought from metropolitan areas. To increase the container traffic of the car ferry service currently concentrated on the metropolitan areas, more endeavor is required to strengthen marketing competence to attract container traffic to other regions apart from the metropolitan areas as well as provide general services.

China Effect and Sea/Air Intermodal Transport in Korea (중국효과와 해상/항공 복합운송)

  • Kim, Chang-Beom
    • Journal of Korea Port Economic Association
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    • v.23 no.2
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    • pp.25-40
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    • 2007
  • The sea/air intermodal transport is a time-saving and cost-saving transport for cargo shipments. In reaction to a recent growth of high value-added products in China, the volume of sea/air intermodal transport in Korean airport has been increasing continuously. This paper treats the situation, the system, and the possibility of sea/air intermodal transport, which are emerging as an alternative to solve the logistics problem related to the increase of international air cargo demand in China. Also, several strategies are considered to develope Korea into intermodal transport hub including the value added logistics activity which will secure the demand of sea/air intermodal transport.

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Assessment of Air Pollution and Estimation of Emission from Incheon International Airport by EDMS (EDMS를 이용한 인천국제공항의 대기오염 배출량 산정과 주변지역에 미치는 영향 평가)

  • Lee, Seong-Yong;Jang, Young-Kee
    • Journal of Environmental Impact Assessment
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    • v.11 no.2
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    • pp.67-77
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    • 2002
  • Air traffic increased 12% annually in Korea since 1988 after the Olympics, this rate is two times than the rate of the world average. In order to accommodate fast growing aviation demand, Incheon International Airport is operated at Yongjong Island since March, 2001. The Incheon airport project will continue till 2020. After the final phase in 2020, Incheon International Airport will handle 100 million passengers, 530,000 flights and 7 million tons of cargo annually. In this study, air pollution from aircraft and other sources are calculated and assessed in Incheon International Airport area by EDMS(Emission and Dispersion Modeling System), which is a combined emission and dispersion model for airport. EDMS could also be considered power plant, incinerator and aircraft support equipment such as ground support equipment, aerospace ground equipment, auxiliary power units. And EDMS is recommended as preferred model for air quality assessment of the airport area by U.S. EP A. The result of this study shows that NOx emission from aircraft and support utility is estimated as 27,000 - 35,000 ton/yr and Namdong-Gu area in Incheon city is affected as 30-60 ppb by the NOx emission from these sources in 2020, the final phase of Incheon international airport construction.

The Study on Empirical Propagation Path Loss in the Airport Cargo Terminal Environment (공항 화물터미널 환경에서 실험적인 패스 로스에 관한 연구)

  • Kim, Kyung-Tae;Park, Hyo-Dal
    • The Journal of Korean Institute of Electromagnetic Engineering and Science
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    • v.24 no.12
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    • pp.1140-1147
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    • 2013
  • In this paper, The path loss model of Air Traffic Control(ATC) telecommunication radio channel has been studied at the Incheon International Airport(IIA) Cargo Terminal. We measured one frequency among VHF channel bands. The transmitting site was located at different locations with different heights. The transmitting site radiated the Continuous Wave(CW). The propagation measurement was taken using the moving vehicle equipped with receiver and antenna. The transmitting power, frequency and antenna height are the same as the current operating condition. The path loss exponent and intercept parameters were extracted by the basic path loss model and hata model. The path loss exponent at IIA Cargo terminal area were 3.67 and 3.39 respectively in first and second transmitting sites. The deviation of prediction error is 14.42 and 10.38. The new path loss equation at the IIA Cargo terminal area was also developed using the derived path loss parameters. The new path loss was compared with other models. This result will be helpful for the ATC site selection and service quality evaluation.

A Study on the prospect of Sea & Air multi-transport in the perspective of international logistics environment

  • Chung, Tae-Won;Han, Jong-Khil
    • Journal of Navigation and Port Research
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    • v.34 no.7
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    • pp.587-594
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    • 2010
  • The positive and negative opinion to cargo demand of Incheon's SAMT in the near future remains cloudy. Considering port and shipping environmental changes and the logistics situation of China which explains the lack of facilities in Chinese airports, the creating of SAMT cargoes of the Incheon region could catches a favorable opportunity to be a logistics hub in the North-East Asia. On the other hand, as open-sky policy and direct-call service has been carried out between China and N.A.(North America), Incheon could cause a loss of competitiveness in SAMT because the enhancement in the aspect of the connectivity of Chinese airlines and shipping lines makes customer sent to last destination their cargoes whenever they want. In the same context, this paper analyses on conditions of domestic and international SAMT and proposes in this uncertainty future forecasting of SAMT of Incheon by scenario planning according to changes in integrated SAMT, measuring the likelihood of final scenario. This study shows the Sea & Air multi-transport volume will have either slight increase or decrease from the current condition. Consequently, RFS expansion and system & service improvement through strong ties with major cities in China will be required in a short run aspect. Nonetheless, we also need to take domestic & international transportation environment into account in the long run.

The Liability Regime of the Air Carrier under the National Legislation of Korea by Adopting the Montreal Convention (몬트리올 협약을 수용한 한국의 국내 입법상 항공운송인의 책임제도)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.2
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    • pp.3-27
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    • 2012
  • The Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air was adopted in 1929. In 1999, the ICAO adopted the Montreal Convention for the Unification of Certain Rules for International Carriage by Air vastly modernizing the unification of private air law. The Montreal Convention replaced the instruments of the Warsaw system, and came into force on 4 November 2003. The Montreal Convention is not only an international convention. It has also exercised a considerable influence on national legislation. Korea has made the national legislation of the Part VI the Carriage by Air of Commercial Act on April 29, 2011, and it has brought into force on November 24, 2011. The national legislation of the Part VI the Carriage by Air of Commercial Act of Korea has the provisions on the liability for damage caused to passenger, the liability for damage caused to baggage, and the liability for damage caused to cargo. The main feature of the liability regime of the air carrier under the Montreal Convention is the two-tier liability system for death or injury of the passenger with strict liability up to 100,000 SDR and presumptive liability with a reversed burden of proof without any limit above that threshold. The national legislation of the Part VI the Carriage by Air of the Commercial Act of Korea has adopted the main principles of the liability of the air carrier under the Montreal Convention. In conclusion, the national legislation relating to the liability of the air carrier by the Korean government will contribute to settle efficiently the dispute on the carrier' liability in respect of the carriage of passengers, baggage and cargo by air, and to provide proper compensation to the passenger or consignor who has suffered damage, subject to the defenses and limitations it sets out.

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Right of disposition of cargo and Air waybill (송하인의 운송물 처분청구권과 항공화물운송장)

  • Nam, Hyun-Sook;Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.177-199
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    • 2015
  • Commerce enriches human life enriched and within commerce, transportation of cargo is arguably the most important in business transactions. Traditionally, marine transport has been major commercial transaction, but carriage cargo by air is on the increase. While the fare for freight in comparison with that of ocean is higher, air freight has many benefits that justify the higher shipping fee; lower insurance premium, packing charges, inventory control, cost management and especially speed. Therefore, air freight transport is accumulating gradually. An air waybill(AWB) is needed in the air transport flow. It is a nonnegotiable security, so the holder cannot transfer of a right to a third party. Some scholars suggest that a negotiable AWB is needed. However, it seems nearly impossible to do so; an e-AWB use shows a gain in numbers, even if it has not met expectations. Going forward, it would appear reasonable to conduct a follow-up study on the utility and legal problem for e-AWB. After sending goods, the consignor has the right of disposition of cargo in some cases, and more research is necessary, because it is related to change of ownership and a trade settlement. According to WATS (World Airlines Transport Statistics), the Korean Air took third place in international freight in 2014, and fifth in total, domestic and international to great acclaim. However, there is a lack of research supporting the business showing. It is hope that more studies on e-AWB, stoppage in transit, and a risk of outstanding amount, etc. connect to develop Korean air freight industry.

Rapid response calculation of LNG cargo containment system under sloshing load using wavelet transformation

  • Kim, Yooil
    • International Journal of Naval Architecture and Ocean Engineering
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    • v.5 no.2
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    • pp.227-245
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    • 2013
  • Reliable strength assessment of the Liquefied Natural Gas (LNG) cargo containment system under the sloshing impact load is very difficult task due to the complexity of the physics involved in, both in terms of the hydrodynamics and structural mechanics. Out of all those complexities, the proper selection of the design sloshing load which is applied to the structural model of the LNG cargo containment system, is one of the most challenging one due to its inherent randomness as well as the statistical analysis which is tightly linked to the design sloshing load selection. In this study, the response based strength assessment procedure of LNG cargo containment system has been developed and proposed as an alternative design methodology. Sloshing pressure time history, measured from the model test, is decomposed into wavelet basis function targeting the minimization of the number of the basis function together with the maximization of the numerical efficiency. Then the response of the structure is obtained using the finite element method under each wavelet basis function of different scale. Finally, the response of the structure under entire sloshing impact time history is rapidly calculated by synthesizing the structural response under wavelet basis function. Through this analysis, more realistic response of the system under sloshing impact pressure can be obtained without missing the details of pressure time history such as rising pattern, oscillation due to air entrapment and decay pattern and so on. The strength assessment of the cargo containment system is then performed based on the statistical analysis of the stress peaks selected out of the obtained stress time history.

A study on the Effect of Airport Privatization and Airport Revenue (공항민영화의 효과와 공항수익에 관한 연구;세계 주요공항의 운영 유형 변화를 중심으로)

  • Lee, Kang-Seok
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.6 no.1
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    • pp.125-145
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    • 1998
  • The term "Privatization" has a different meaning in different contexts and cultures. In this paper, the term "Privatization" in the context of airports is defined as the movement of an entity from the government sector to the private sector. This is the definition that is commonly employed in the U.S. Airport revenue can he divided into two sub-categories of aeronautical revenue and non-aeronautical revenue. At many of the major international airports, however, non-aeronautical revenue has been growing faster than the aeronautical revenue, contributing an increasingly larger share of the total revenue. And the best way to enhance simultaneously the airport operations. With the remarkable growth in the air traffic volume of pssengers and cargo. more and more mega-international airports have been built or are under construction. As the air transport demand is expected to increase at an even greater rate in the 21st century, new types of airports which will be free of current major problems. such as airport congestion and flight delays are badly needed.

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