• 무역상무연구
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• 제10권
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• pp.151-171
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• 1997

• 무역상무연구
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• 제51권
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• pp.359-389
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• 2011

The Rotterdam Rules, which was adopted in December 2008 by UNCITRAL, has underlying intention that it will provide uniform law for the international carriage of goods by sea and modernize transport law reflecting modern transport custom. However, it is also true that there are various conflicting views on the Rotterdam Rules. This article tried to analyze main controversial issues such as scope of application, basis of liability of the shipper and the carrier, exception th the volume contract, legal position of the freight forwarder, delivery of the goods from the both sides of view. The Rotterdam Rules exposes some problems in applying and interpreting the Rules as many people indicated. These problems, I think, mainly due to the extended scope of application and broader range of issues. However, I do not think that the Rotterdam Rules will serious affect to the international transport industry. Furthermore, it is unreasonable to expect perfect Rules satisfying every interests.

• 무역상무연구
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• 제37권
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• pp.217-250
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• 2008

The International Ship and Port Facility Security (ISPS) Code which was developed as the main response of the shipping sector to the miserable event of 11 September 2001 came into effect on 1 July 2004. The ISPS Code designed to detect and eliminate security threats affecting ships and port facilities used in international trade will significantly impact not only on the management and operation of the shipping industry but also on maritime law despite the fact that it is the regulatory framework of public law. It is expected that implementing the ISPS Code will contribute to reinforcement of maritime security on the one hand. However, on the other hand, more intensified security inspection and control measures of port states will also cause delay and additional costs which cause uncertainty in allocating security risk and cost between the contracting parties. Therefore, it is desire to insert new security clause dealing with main security issues or adapt existing clauses to new shipping environments to minimize disputes.

• 무역상무연구
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• 제10권
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• pp.249-276
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• 1997

• 무역상무연구
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• 제14권
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• pp.153-176
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• 2000

The U.K. Bills of Lading Act 1855 had sought to circumvent the problems arising from the doctrine of privity of contracts. Among the principal factors in the introduction of the Act was the exceptional decision of the court in the case of Grant Norway. The Act 1855 was intended to reverse Grant Norway, but has no effect whatever. As it was not properly drafted, there had been a lot of situations where the Act 1855 was not applicable. In those cases, the courts have implied a contract between cosignee and carrier. This is the effect of the common law Brandt v. Liverpool doctrine. With the enactment of the Carriage of Goods by Sea Act 1992, all of the problems shall be resolved. It repeals the Act 1855 and replaces it with provisions covering not only B/L but also sea waybills and ship's delivery orders. According to the new law, title to sue is now vested in the lawful holder of a bill of lading, the consignee identified in a sea waybill or the person entitled to delivery under a ship's delivery order, irrespective of whether or not they are owners of the goods covered by the document.

• 수산해양교육연구
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• 제16권1호
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• pp.110-123
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• 2004

Five Islands in the West Sea of Korea (Baekryeong-do, Daecheong-do, Socheong-do, Yeonpyeong-do, and Woo-do) are located very close to the North Korea's coast and all of them are under the jurisdiction of South Korea. The North and South Korean naval vessels clashed twice in the West Sea of Korea on June 15, 1999 and on June 29, 2002. These incidents were resulted from conflicts over the validity of the Northern Limit Line(NLL) and the appropriate maritime boundary between the two Koreas. From the viewpoint of South Korea, the North Limit Line is a lawful Maritime Military Demarcation Line under the Korean Military Armistice Agreement and it must be maintained as a maritime boundary between two Koreas until being substituted by a peace treaty. In conclusion, the maritime boundary between two Koreas cannot be settled easily by the principles of the International Law of the Sea at present.

• 한국항해학회지
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• 제16권2호
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• pp.41-52
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• 1992

It is, as everyone knows, very important for human beings to protect and conserve marine environment. We has believed the ocean is so wide and deep that it cannot be polluted. But it has begun to doubt the capacity of self-purification of the ocean due to pollution arising from marine casualities. It has proved that semi-enclosed sea is likely to be polluted and cannot be restored easily once pollution occurs. Therefore, first of all it is important to take preventive measures for prevention of marine pollution in the semi-enclosed sea like the Yellow Sea. Many of regional conventions for prevention of marine pollution have come into existence. this dissertation was set out for the fact that the Yellow Sea is semi-enclosed sea which is vulnerable to marine pollution. It is desirable not to deal with marine preservation of the Yellow Sea by a single exclusively but to deal with it by cooperation of all coastal states under the present circumstances. I proposed a program of regional cooperation to protect and conserve the Yellow Sea. This program must be progressed with gradual arrangements. First, they must establist a basic cooperation committee to work basic affairs on the protection of marine environment within the Yellow Sea. The Committee Mainly play parts of study and research concerned with pollution of the Yellow Sea in the non-governmental side and consist of legal and scientific experts. Second, they must establish the control Committee to prevent marine pollution of the Yellow Sea substantially. There is a reason that regional cooperation cannot be directly concluded with the regional tready. Because there is a problem of Recognition of States left. In principle, a subject of tready must be a state in the International Law. But they have not made Recognition of State which is demanded by International Law between North and South Koreas. Therefore, the Control committee must play a substantial part of prevention from pollution instead of the treaty. Finally, we concluded tentatively named $\ulcorner$Convention on Regional Cooperation for Protection of Marine Environment of the Yellow Sea from Pollution$\lrcorner$ if the matter is settled which is related to Recognition of States in the International Law.

• 무역상무연구
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• 제70권
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• pp.67-80
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• 2016

As China, the world's work shop was transformed into consumption market intermediary products and expensive consumer goods are more in highly demand recently. These will tend to diffuse especially to the west coastal cities of China. The economic growth of China needs to develop hub port facilities more and more in these days. We don't need to explain value of hub port in international trade. Furthermore If we are to retain access convenience of merchant vessel we really must maintain hub ports in Korea. This paper aims to vitalize Pyeongtaek port in times of the Pan Yellow Sea in readiness for an increase of trade between Korean, China, and Japan absorbing economic effects. The Rise of China leads to increase of trade of Korea that make necessary to develop a big and wide port to Pan Yellow Sea times. There is a lot of competition to be a hub port to become a center of international trade in the Pan Yellow Sea market. We need to improve the surrounding environment or facilities and industry clusters flexibly of Pyeongtaek port. It will guide to cost cutting and to raise business efficiency. Ultimately Pyeongtaek port should maintain and make advance its competitiveness especially in the Pan Yellow Sea times.

• 수산경영론집
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• 제34권1호
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• pp.69-85
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• 2003

The primary objective of this thesis is to study, case by case, the international disputes for fishing rights between fishing nations and costal states never imagined till the introduction of the UN Convention on the Law of the Sea adopted in 1982 and came into effect in November 16, 1994, which governs the high seas and EEZ in a new manner. Such a study is to provide help in the understanding on this new marine system and how to deal with. This is addressed by the perspectives of disputes (a) in the high seas between fishing nations having traditionally enjoyed the principle of the freedom of the high seas and costal states, (b) in the EEZ between fishing nations and costal states possessing the exclusive jurisdiction over living marine resources and sovereign rights for determining allowable catch and the surplus in its EEZ. The article can be divided into four main parts. First, both the general principles of the settlement of international disputes, and the nature and procedures described in the UNCLOS are introduced. Second, it gives cases of tuna long-liner, North Pacific trawler and squid jigger occurred in the coastal states EEZ, and analyses the problem in both terms of its background and final judgment. It further describes the possible issues in case it depends on the International Tribunal for the Law of the Sea for its settlement. Third, closely tied to above, important points such as the right of hot pursuit, prompt release of vessel and crew, and the limits of cooperation with costal states inspector on board fishing vessels are considered mostly based on the UNCLOS, Bilateral Agreement and UNIA. Finally, the article concludes as follows ; The need for broad analyses on the nature of international suits and legal system for the settlement, to win the case before the International Tribunal for the Law of the Sea or coastal states court, is really acknowledged. However, considering the lack of previous studies about it, it is preferably recommended that governmental efforts for making legal standards to cover the judicial costs, for helping industry out of becoming bankrupt.

• Strategy21
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• 통권43호
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• pp.29-55
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• 2018

Arctic sea ice has been retreating as a result of the global warming. Arctic sea ice extent for April 2018 averaged 13.71 million square kilometers. This figure shows far less sea ice compared to the average extent from 1981 to 2010. Meanwhile, 287 times of maritime transits through the Northwest Passage have been made during the 2017 and the first ship traversed the Northern Sea Route without the assistant of ice-breaker in August 2017. Commercialization of the Arctic Passage means significant economic and strategic advantages by shortening the distance. In this article, 'Arctic Passage' means Northern Sea Route along the Arctic coast of Russia and Northwest Passage crossing Canadian Arctic Ocean. As climate changes, the potential feasibility of the Arctic Passage has been drawing international attention. Since navigation in this area remains hazardous in some aspects, IMO adopted Polar Code to promote safe, secure and sustainable shipping through the Arctic Passage. Futhermore, Russia and Canada regulate foreign vessels over the maritime zones with the authority to unilaterally exercise jurisdiction pursuant to the Article 234 of UNCLOS. The dispute over the navigation regime of the arctic passage materialized with Russia proclaimed Dmitrii Laptev and Sannikov Straits as historically belong to U.S.S.R. in the mid 1960s and Canada declared that the waters of the passage are historic internal waters in 1973 for the first time. So as to support their claims, In 1985, Russia and Canada established straight baseline including Northern Sea Route and Northwest Passage. The United States has consistently protested that the Northern Sea Route and Northwest Passage are straits used for international navigation which are subject to the regime of transit passage. Firstly, it seems that Russia and Canada do not meet the basic requirements for acquiring a historic title. Secondly, since the Law of the Sea had adopted before the establishment of straight baseline over the Russian Arctic Archipelago and the Canadian Arctic Archipelago, Ships can exercise at least the right of innocent passage. Lastly, Northern Sea Route and Northwest Passage have fulfilled the both geographical and functional criteria pertaining to the strait used for international navigation under the international law. Especially, should the arctic passage become commercially viable, it can be expected to accumulate the functional criterion. Russia and Canada regulate the ships navigate in their maritime zones by adopting the higher degree of an environmental standard than generally accepted international rules and standard mainly under the Article 234 of UNCLOS. However, the Article 234 must be interpreted restrictively as this contains constraint on the freedom of navigation. Thus, it is reasonable to consider that the Article 234 is limited only to the EEZ of coastal states. Therefore, ships navigating in the Arctic Passage with the legal status of the territorial sea and the international straits under the law of the sea have the right of innocent passage and transit passage as usual.