• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.23
• /
• pp.249-288
• /
• 2004

The active use of the container vessel has brought with it high speed and reduced transit time ; however, the system of delivering the goods via B/L at the destination has lagged behind technical advances, becoming a burden to today's international traders, especially consignees and/or importers. More recently the sea waybill(SWB), that is to say an ocean-type AWB, has come on the scene. In Europe and the USA the use of SWB has increased significantly, but has also left room for improvement due to its short history of use. However, Recently, more attention is paid to SWB as a means to solve the B/L Crisis is getting more and more serious. In addition, due to its non-negotiability, the sea waybill could easily be replaced by messages sent between the interested parties by Electronic Data Interchange. With the paper document, transfer of title is fulfilled by transferring the original bill of lading to the buyer of the goods. However, in an electronic environment this is difficult to replicate. A number of solutions have been investigated, including using an electronic bill of lading, by controlling changes in title to goods through irrevocable, but transferable instructions to the carrier, or by appointing an independent electronic data registry, or replacing the bill of lading with a sea waybill, which is non-negotiable. The purpose of this study is to investigate some problems which may hinder SWB from coming into wide use and to analyse how to solve problems due to introduction of electronic sea waybill.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.20
• /
• pp.267-292
• /
• 2003

UNCITRAL considered a proposal to include in its work program a review of current practices and laws in the area of the international carriage of goods by sea, with a view to establishing the need for uniform rules where no such rules existed and with a view to achieving greater uniformity of laws. And UNCITRAL Working Party, as of April, 2003, is reviewing the UNCITRAL's Preliminary Draft Instrument which was originally prepared by CMI. As said above, the Preliminary Draft Instrument has a lot of improved provisions in relation to the scope of application, period of responsibility, obligations and liability of carrier, obligations of shipper and so on, but it has also some provisions which should be reconsidered in light of changed environments. Therefore, UNCITRAL Working Party has to prepare more complete and widely adoptable new uniform rules under the sufficient discussion.

• Strategy21
• /
• s.30
• /
• pp.263-285
• /
• 2012

History, demonstrating convincingly that pirates have arisen continuously for a lengthy period of time throughout the world, is able to become a cooperative study of international law in terms of pirates matters ; Viking pirates. There are beneficial topics for the study of true nature of viking activities and the settlement of present pirates matters ; How were the pirates activities of Vikings, What sort of relations do they have between Vikings and other pirates which have arisen in world history, What are the differences compared to present concept of pirates. There were active pirates activities in the coast and waters of Scandinavia even before the period of the Migration Age because of geographical condition. With those experiences, Vikings began to ambush Britain Islands sailing across the North Sea since the late 8C, ages of migration in earnest. They ambushed all coasts of the European Continent expending boundary until the late of 11C. Pirate activities in a sort of guerrilla operations were operated when they encountered Islams in the Iberian Peninsula and the coast of North Africa. They showed twofold attitudes ; if the defence of the region and sea was weak, they plundered, or if strong, traded. In plundered europeans' position, Vikings were pirates with cruelty and barbarians. In vikings position, they were normal human beings who did a pirate activity to lead a better life. Viking pirates showed different characteristics in terms of three aspects ; area and aspect of action, activity after piracy. Meanwhile, Viking pirates showed several differences with pirates defined in terms of modern international law. Among the satisfying conditions of pirates, required by the international law of the sea, Vikings fulfilled animus furandi, desire for gain, activities for hatred and revenge, and private ends. Other conditions including attacking authority of the vessels, activities toward private ships, activities in the coast and the land, and illegal terroristic activities toward ships are found in viking pirates. However, Viking pirates do not show the activities in high seas and in the outside of a State's jurisdiction. In addition, it cannot be excluded that they pirated with vessels of regional leaders and the Sovereign, not private ships. Contrary to the definition of concept in terms of modern international law toward pirates, Viking invaded foreign waters, came on shore to foreign land and island, went up-stream the rivers to the back of interior, and attacked churches and abbeys. Strangely, they sometimes settled down in the places where they had pirated. Today, pirates appearing in history and defined in international law exist simultaneously and separately. It means, the historical nature and the nature under the international law are turning up differently. Historical cases of pirates should be reflected to modern international law. If so, it seems that the clue to solve pirate problems can be arranged. History is the immortal living thing, which not just existed as a past but reflects present.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.43
• /
• pp.297-336
• /
• 2009

In modern industrial society carriage of dangerous goods by sea becomes more increasing than ever before. Dangerous goods are required for special care and handling in that shipment of dangerous goods could affect safety of the vessel and other cargoes. It is also true that dangerous goods could be used as a means of terrorism. his article investigates allocation of risk and liabilities between parties involved in the carriage of dangerous goods by sea. More specifically, this study examines principles of strict liability of the shipper in shipment of dangerous goods with some limitations based upon recent cases. Furthermore this article investigates the issues on identity of shipper who bears strict liability to the carrier where there exist actual or documentary shipper other than the contractual shipper. Lastly, whether it is reasonable that the transfer of strict liability to the transferee, who does not have opportunity to verify dangerous nature of the goods before shipment, by endorsing bills of lading will be discussed critically.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.42
• /
• pp.189-210
• /
• 2009

The United Nations General Assembly adopted the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea(hereinafter referred to as "The Rotterdam Rules") on 11 December 2008. Rotterdam Rules aims to create a contemporary and uniform law providing for modern door-to-door container transport including an international sea leg. but not limited to port-to port carriage of goods. The structure of the liability regime in Rotterdam Rules are globally close to that of the Hague-Visby Rule even though it differs from that of the Hague-Visby Rules in some significant aspects. The Rotterdam Rules are very long. Therefore the Rotterdam Rules will be difficult to understand for even the skilled ship operator or owner or charterer or shipper or consignee or receiver because they are so complicated. This paper only seeks to highlight the salient features of the liability and limitation of liability regime under the Rotterdam Rules. It is expected that the harmonization and modernization of the international legal regime. coupled with the bold attempt to balance the carrier and cargo interests should lead to an overall reduction in transaction costs. increased predictability and greater commercial confidence for international business transactions.

• Journal of Fisheries and Marine Sciences Education
• /
• v.10 no.2
• /
• pp.239-261
• /
• 1998

This thesis is concerned with international fisheries cooperation among Korea, China and Japan in the Yellow sea and the East China sea. For this purpose, considerated international fisheries problems relation with these countries refer to literature. Specially adjusted the focus founding of necessity and methods about international fisheries cooperation among these countries. The conclusion is as followed; At first, these countries necessity required international fisheries cooperation because of following reasons. 1. These countries have legal duties for conservation and utilization of marine living resources according to united nations convention law of the sea. 2. These countries that jointly owned semi-closed sea have legal duties for cooperation in respect of fisheries and environment problems. 3. These countries belongs to a same ecosystem and shared with staddling stocks in the Yellow sea and the East china sea. The Second, these countries certainly required international fisheries cooperation following methods. 1. These countries must establish marine area for joint control of marine living resources. 2. These countries must establish tentatively named "International fisheries cooperation body" for deal with comprehensive problems about fisheries.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.38
• /
• pp.229-262
• /
• 2008

With the introduction of supply chain management concept, the nature of a firm is fundamentally changed. Control is no longer based on direct control of the business processes, but rather based on integration across member organizations in the supply chain. Firms are trying to achieve a competitive edge by managing their supply chain performance to gain advantages in cost and service differentiation. The supply chain elements of a sea port involves ILSP (Inbound Logistics Service Provider) at the input side and OLSP (Outbound Logistics Service Provider) at the output side. The goal of sea port is to satisfy the needs of different parties, both upstream and downstream, in the chain with greater effectiveness and efficiency than it's competitors. In this context, the purpose of this paper is to derive conceptualization of the SCP (Supply Chain Performance) in the sea port from literature review on the previous researches and to tackle their theoretical and practical implications. The paper deals with conceptualizing SCP in sea port using the SCOR (Supply Chain Operation Reference) model. It incorporates both the effectiveness and efficiency aspects of performance measurement. And it also recognizes customer related reasons for measuring performance.

• Journal of the Korean Institute of Navigation
• /
• v.17 no.4
• /
• pp.1-21
• /
• 1993

The purpose of this paper is to search for reasonable and fair principles applicable to the delimitation of the Exclusive Economic Zone(which is called the EEZ, hereinafter) around the Korean Peninsula th-rought the comprehensive study of maritime boundary, which is one of the most important issues in the law of the Sea. So far, the sea has been exploited for activities such as fishery, transport and military stratedy, and en-vironmental policy and so on. From this time on, however, it becomes important to us as the major trea-sure-house of various resources which will be developed and used for diversified purposes. For these rea-sons, nowadays, more and more countries of the world are competing to secure waters as much as possible within their jurisdiction. And the regime of the EEZ was created as a result of this international trend. At last, it has been institutionalized as the 200-mile EEZ of a legal notion in the Convention on the Law of the Sea, which was adopted at the Third United Nations Conference on the Law of the Sea, in Jamaica on December 10, 1982. In adapting to this EEZ institution, Korea is faced with several complicated problems as it is bounded on three sides by the sea and all of its neighboring countries such as the PRC, the DPRK, Japan, Russia etc are less than 400 miles away between opposite countries. Therefore, when trying to delimit the boun-dary for the EEZ, it appears necessary to analyze applicable principles and rules of international law for delimitation mainly through the Convention on the Law of the Sea, and studies the trends of actual State practices and recent international precedents. It is hoped that such knowledge will enable Korea to secure sufficient resources and other sovereign rights without conflicting with the neighboring countries concer-ned. For the achievement of the above mentioned object. I analyzed the necessities of the establishment of the EEZ in Korea, the difficulties and practices of Korea's neighbors, and the changes and forthcoming trends in Korea's relations with its neighbors concerned on the basis of the general explanation of the EEZ regime. In conclusion, it is my opinion that for the establishment of the EEZ delimitation which neighbors around the Korean Peninsula should be applied reasonable and equitable principles considering the rele-vant circumstances which characterize the area definitely as well as the UN Convention on the Law of the Sea, 1982.

• Proceedings of KOSOMES biannual meeting
• /
• 2006.11a
• /
• pp.221-237
• /
• 2006

Domestic laws such as Korea Marine Pollution Prevention Law which has been made and amended according to the conclusions and amendments of various international conventions, especially by MARPOL 73/78, were reviewed and compared with major contents of international conventions, and several alternative measures for legislating new laws or amending existing laws such as Korea Marine Pollution Prevention Law in accordance with new contents and recent amendments of existing and new international conventions were proposed. Annex VI of MARPOL 73/78 has been recently accepted in Korea Marine Pollution Prevention Law which should be applied to ships which are the moving point sources of air pollution at Sea rather than in Korea Air Environment Conservation Law which should be applied to automobiles and industrial installations which are the line and/or point sources of air pollution in land. International Convention for Ship's Ballast Water/Sediment Management should be accepted in Korea Marine Pollution Prevention Law or by a new law in order to prevent domes marine ecosystem and costal environment from the invasion of harmful exotic species through the discharge of ship's ballast water. International Convention for the Control of Harmful Anti-Fouling Systems on the Ships should be accepted in Korea Marine Pollution Prevention Law which should be applied to ships which are navigating in open sea and coastal waters rather than in Korea Noxious Chemicals Management Law. Basel Convention which shall regulate and prohibit inter-nations movements of noxious chemical substances should be accepted in Korea Marine Pollution Prevention Law in order to prevent the movement and transfer of scrap-purpose tanker ships containing bilge water of oil/water mixtures and chemicals remained on board from advanced countries to developing and/or underdeveloped countries and to conserve global marine environment after all.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.39
• /
• pp.251-280
• /
• 2008

A party to the charter will not be able to rely upon the doctrine of frustration if an event which makes further performance impossible has been caused by his breach of the charter. Strictly speaking, this is not a situation of frustration at all but rather a case of discharge of the contract by breach. In the Sea Angel case, the defendant entered into a Lloyd's Standard Form of Salvage Agreement with owners of the casualty on the LOF 2000 form, incorporating the SCOPIC clause. The time charter was on the terms of the Shelltime 4 form. This case the trial of the action brought by the claimants owners of the vessel Sea Angel claiming outstanding hire from the defendant charterers. This Case was issued whether charterparty frustrated by refusal of port authorities to issue "No Demand Certificate" allowing port clearance pending payment of oil spillage clean-up costs. The court concluded that no attempt had yet been made to invoke the assistance of the Pakistani court to obtain the release of the vessel. There was not so radical or fundamental a change in the obligation assumed by defendant as to establish frustration. The purpose of this study aims to analyse frustration and time charter in the Sea Angel case.