• 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.

• The Journal of Society for e-Business Studies
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• v.6 no.1
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• pp.69-81
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• 2001

No organization can survive in today's modern society of information and high technology without internet and/or intranet. International convention industry is one of many high-technology dependent fields today which have started gathering new attention since the new millennium had begun. According to our survey, no professional convention organizer has used so far any type of integrated information system which is the vital source of support of the convention industry. Only the general purpose office softwares have been in use. The main purpose of this study is to design a model for ICIMS(International Convention Information Management System) to manage all the related information of international convention in a systematic and integrated way and to implement its prototype. International convention system in general had been analyzed to enhance the level of accuracy of the model for ICIMS. A simulation of an international conference was conducted to test the core module of the ICIMS model.

• Journal of Arbitration Studies
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• v.16 no.1
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• pp.45-80
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• 2006

The purpose of this paper is to make research on the method of arbitration agreement, the adoption and contents of the Convention on the Use of Electronic Communications in International Contracts, and the standpoint and problem with reference to the new Convention's application to the method of arbitration agreement in New York Convention. Last year the UN General Assembly and UNCITRAL adopted a new Convention on the Use of Electronic Communications in International Contracts that makes agreements by electronic communications enforceable, including arbitration agreements under the Convention on the Recognition and Enforcement of Foreign Arbitral A wards (New York Convention). Aimed at enhancing legal certainty and commercial predictability where electronic communications are used in relation to international contracts, the provisions of the Convention deal with, among other things, determining a party's location in an electronic environment; the time and place of dispatch and receipt of electronic communications; and the use of automated message systems for contract formation. Under the New York Convention, arbitration agreements in international contracts must be reduced to writing before they can be enforced. But under the new Convention, an arbitration agreement made entirely in electronic form would be enforceable. The working group expressed overall support in favor of the inclusion of a reference to the New York Convention in the new Convention. However, one proposal was that the exclusions provided under article 2 of the new Convention might be too broadly worded to adequately accommodate the New York Convention. In conclusion, Korea's government authorities should take prompt measures to sign and ratify the new Convention, and declare on the scope of its application. Also Korea's arbitration institute should make preparation for the amendment of the arbitration act and arbitration rules in accordance with the new Convention.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.40
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• pp.97-144
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• 2008

The purpose of this paper is to review the text of national legislation relating to the carrier's liability in respect of the carriage of passengers, baggage and cargo by air in major states such as United Kingdom, Germany, France, Canada, Russia and China, and to compare the air carrier's liability under the national legislations of above states with them under the Warsaw System relating to the international carriage by air. Also this paper reviews the text of the draft legislation relating to the carrier's liability in respect of the carriage by air in Korea. The Warsaw Convention for the Unification of Certain Rules Relating to International Carriage 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. A the Convention, or certain of its principles, with the object of regulating their national air transport. 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 principles of the liability of the air carrier under the Montreal Convention have been adopted into national legislations by the United Kingdom, Germany, France, Canada, Russia and China. Now the Ministry of Justice of Korea is proceeding to make a new national legislation relating to the liability of the air carrier in respect of the carriage by air. The draft legislation of the Part VI the Carriage by Air of the Commercial Code 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 in Korea will contribute to settle efficiently the dispute on the carrier's liability in respect of the carriage of passengers, baggage and cargo by air.

• Journal of Advanced Marine Engineering and Technology
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• v.41 no.2
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• pp.163-170
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• 2017

The International Convention for the Control and Management of Ships' Ballast Water and Sediments (hereafter "BWM Convention") will be enforced beginning on September 8, 2017. Even though the STCW Convention (International Convention on Standards of Training, Certification and Watchkeeping for Seafarers) and other international instruments require all ship personnel be qualified under certain competencies and standards, the International Maritime Organization (hereafter "IMO") has no unified requirements for training ship personnel on ballast water management. When the BWM Convention enters into force, all officers and crew on board ships should be intimately familiar with the guidelines and procedures outlined by the BWM Convention, regarding, among other topics, proper record keeping techniques and measures, the layout of the ballast control system, methods of ballast water exchange, and inspections by the port state control. To ensure that officers and crew members are adequately familiar, this paper proposes new competency requirements for ballast water management training and education to be added to the STCW Code. To support the introduction of these new competency requirements, this paper explores the evolution of the BWM Convention and examines how international regulations will be used to implement it.

• Culinary science and hospitality research
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• v.9 no.3
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• pp.73-87
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• 2003

The purpose of this study is to suggest a Promotion for the Korean convention industry by analyzing the current status and problems in the Korean convention industry. Its fostering plans as follows; 1. Provide educational program such as meeting planners institute (MPI) in the United Statesproduces a range of training program for convention management, together with a certification when a certain level is reached. 2. Construct multiplex-convention center and convention facilities propelling by demand analysis. 3. Strengthen gather information and investigation. 4. Establishment of Korea convention bureau. 5. Strengthen overseas publicity activities through Korea National Tourism Organization and activate the inducement of international convention from the public organizations and institutions. 6. Increased financial and legal support for convention center developers and convention organizers. 7. The rapid growth of convention industry tourism combined with increasing competition, makes integrated networking an imperative tool for ensuring international competitiveness.

• Journal of Korean Port Research
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• v.7 no.1
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• pp.89-114
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• 1993

ICLL 66 is the most widely ratified instrument of the IMO and is, along with the International Convention on Safety of life at Sea (SOLAS), the primary document setting forth internationally agreed ship safety standards. ICLL 66 set freeboard requirement based on experience gained from the first Load Line Convention in 1930 and on contemporary developments in ship design. Reexamination of ICLL 66 is indicated by the proliferation of novel ship designs for which it lacks adequate regulations and by significant advancements in analytical seakeeping and deck wetness prediction techniques now available to the designer. In this paper, the Freeboard Advisory Group reviews these issues against the changing climate of the marine industry and maritime administrations, discusses the state of the art in analytical seakeeping programs, and outlines a series of recommendations for the establishment of a new international load line convention for the next century. The steps needs for an international program at IMO are discussed and a new convention is proposed.

• Proceedings of KOSOMES biannual meeting
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• 2005.11a
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• pp.171-184
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• 2005

As recently, ' International convention for the control and management of ship's ballast water and sediments ' was adopted, it is necessary to accept the international convention in Korea. The systems of foreign countries for ship's ballast water control and management were investigated, and domestic environment-related laws were reviewed and compared regarding the discharge of industrial wastewater and ship's ballast water. Alternative measures of domestic legislation were suggested for acceptance of the international convention.

• Journal of the Korean Society of Marine Environment & Safety
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• v.11 no.2 s.23
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• pp.83-96
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• 2005

As recently, 'International convention for the control and management of ship's ballast water and sediments' was adopted, it is necessary to accept the international convention in Korea The movements of foreign countries for ship's ballast water control and management were investigated, and domestic environment-related laws were reviewed and compared regarding the discharge of industrial wastewater and ship's ballast water. Alternative measures of domestic legislation were suggested for acceptance of the international convention.

• The Korean Journal of Air & Space Law and Policy
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• v.17
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• pp.9-28
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• 2003

The Warsaw Convention of 1929 and the amendments thereto including the Hague Protocol, Montreal Protocols Nos. 1,2,3 and 4, the Guadalajara Convention and the IATA Intercarrier Agreements, which are the rules (as called "War saw System") have played as a major rule in the international air transportation for more than 70 years, will be replaced by the Montreal Convention of 1999 for its effectiveness on November 4, 2003. While a major portion of the Montreal Convention follows the language of the Warsaw System, the Montreal Convention makes significant changes to the scope and extent of the carrier's liability, expands the jurisdictions where the carrier can be sued, and recognizes the effect of code sharing on air carrier liability. The Montreal Convention heralds the single biggest change in the international aviation since the diplomatic efforts in the mid-1920's which resulted in the enactment of the Warsaw Convention. Until now, the legal liability of almost all the international air carriers has been governed by the Warsaw System. The Montreal Convention incorporates provisions of these instruments to create a single document and to set a uniform regime for carrier liability in international transportation. At the same time the issue of the low liability limits of the Warsaw has been resolved to a more satisfactory level in the Montreal Convention. The Convention has been hailed as consumer friendly and progressive in nature. If this Convention is ratified by Korea, the virtual elimination of the liability limits between the passengers and the airlines will become law by treaty. The airlines in Korea as well as Korean consumers of international air carriage will immensely benefit from the ratification. As opposed to the Warsaw Convention, the Montreal Convention has been described to be the one that is no longer a Convention for airlines, but it would serve the interests of both the consumers and the air carriers.