• Title/Summary/Keyword: International commercial ship

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The Ship in the New Saudi Commercial Maritime Law

  • BOUZIR, Saoussen
    • International Journal of Computer Science & Network Security
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    • v.22 no.4
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    • pp.175-182
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    • 2022
  • The new commercial maritime law in the Kingdom came comprehensive and detailed for all topics related to commercial maritime navigation, thus responding to most of the problems that arise in the field, specifically regarding the ship as the focus of the rules of maritime law. This system defines the ship in law, regulates its civil status, determines how to name it, determine its domicile, and the conditions for acquiring Saudi nationality. It also contained a regulation of the rights granted to ships by ownership, as well as their lease and mortgage, the mechanism of attachment to them to settle debts and the rights in kind dependent on them and controlling the rights of third parties on ships and the procedures for forcibly selling them from precautionary seizure and executive seizure and then forced sale in public auction. Until this research was an effort to present a clear picture about the legal system of the ship in the new Saudi commercial maritime system and confirming the extent of the success of the Saudi legislator with the ship system in highlighting the legal frameworks for this facility prepared for maritime navigation.

Study on the WTO Disputes over the Korean Shipbuilding Industry in Relation to Export Credit (수출신용과 관련하여 우리나라 조선산업에 대한 WTO 무역분쟁 연구)

  • Lee, Koung-Rae
    • Korea Trade Review
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    • v.44 no.1
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    • pp.129-142
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    • 2019
  • This paper draws implications on the ship finance of the Korean ECAs for shipbuilding industry from the perspective of WTO ASCM through studying the trade disputes on export credits. In consideration of the underwriting practice on the case-by-case basis, the ECAs' law regimes and their ship finance programs as such would be judged not conferring a benefit. The ship finance of international commercial banks could be treated as a market benchmark for the purpose of determining the existence of benefit in the ECA ship finance. The ECAs share securities with international commercial banks for the same exposure to the risks in a syndicate. Therefore, WTO DSB would rule that the ECA ship finance confers no benefit for individual transactions. The items (j) and (k-1) of ASCM Annex I are not allowed to interpret a contrario.

Legal Status of Government Ships Operated for Non-Commercial Purpose in International Law of the Sea - Forcusing on Training Ship of National University (비상업용 정부선박의 국제해양법적 지위 - 국립대학 실습선을 중심으로 -)

  • Lim, Jee-Hyung;Lee, Yong-Hee
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.26 no.2
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    • pp.156-162
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    • 2020
  • Since the early 20th century, there have been reviews and legislations regarding the legal status of the Government ships operated for non-commercial purposes. In particular, as criticized in the absolute theory of immunity in conventional international law, the sovereign immunity theory has become more vital as a restrictive theory for immunity. As per the customary international law and international law of the sea, non-commercial government vessels, including warships, are provided with sovereign immunity on the sea. National universities of Korea have built and operated training ships and survey ships for educational purposes, such as training high-grade mariners and fishing practices. These training ships sail not only on the national maritime jurisdictions but also on the maritime jurisdictions of other States and the high sea. Therefore, clarifying the legal status of national university training ships is one of the important factors in international navigation according to international law. However, it is not easy to answer the question of the legal status of the training ship. Hence, this article analyzes the parameters that define the Government ship operated for non-commercial purposes and examines whether national university training ships are in line with the relevant criterion. Furthermore, the article analyzes the scope of sovereign immunity in conventional international law and international conventions and identifies the scope of sovereign immunity enjoyed by the national university training ships according to international law.

Seaworthiness of the Ship in UNCITRAL Draft Instrument and in Korean Commercial Act Act (해상법(海商法)상의 선박 감항능력 확보 의무와 UNCITRAL 운송법 초안상의 선박 감항능력 유지 의무)

  • Lim, Chae-Hyun
    • Proceedings of the Korean Society of Marine Engineers Conference
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    • 2005.11a
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    • pp.94-97
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    • 2005
  • Seaworthiness is an important part of the carrier's obligation in the carriage of goods by sea. Especially seaworthiness of the ship is one of the most important obligations of the carrier in the field of international transport law. Therefore it will be important to examine the expected impacts by adopting a continuing duty of seaworthiness in UNCITRAL Draft Instrument from the Korea point of view because Korean Commercial Act provides that carriers are only obliged to exercise due diligence to make the ship seaworthy before and at the beginning of the voyage. This paper examines the concept of the seaworthiness and analyses the provisions of the Draft Instrument for the duty of seaworthiness in comparison with the Korean Commercial Act.

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A Study on the Arbitration and Maritime Dispute Resolution in Korea and Japan (한·일 해사분쟁해결과 중재제도에 관한 고찰)

  • Yu, Byoung yook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.64
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    • pp.65-97
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    • 2014
  • Arbitration is the dispute methods for speedy and economic resolutions in international commercial areas. In maritime disputes cases in East Asia, Korea and Japan are the regional benefits to cover and deal with the maritime cases on arbitration. And Korea and Japan are the competitive maritime industry for heavy shipbuilding industry, cargo carrier, processing and transhipment service on ports, and ship financial services in national competitive areas. Japan is the Tokyo maritime arbitration commission(TOMAC) as an uniquely capable of dealing with arbitrations involving problems arising in the sea field. TOMAC provides amended its arbitration rules 2014 aiming at matching with the maritime disputes circumstances with three maritime arbitration rules as ordinary rules, simplified rules and the rules of small claims arbitration procedure. KCAB however, as the unique commercial arbitration board in Korea is dealing on all of the commercial disputes on only the international commercial arbitration rules in 2011. Though KCAB is dealt with maritime dispute cases on international arbitration rules in Korea, it is small and simple compared with TOMAC in Japan. Maritime disputes are highly complicated and embroiled with multi-parties contract and subcontracts arising under contracts relating to bills of lading, charter parties, sale and purchase of ships, shipbuilding, ship financing and so forth. This paper is to provides a discussion and comparison on recently arbitration rules focus on the maritime aspects on Korea and Japan. We need to consider to make an independent and special institute and maritime arbitration rules including the multiparty consolidation and med-arb provisions for handling the disputes and resolution of maritime conflict cases in Korea.

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A Study on the Improving Proposals of the lACS's EMS Test Requirments for the Micro Processor Control Equipments of the Commercial Ship (선박용 프로세서 제어설비의 전자파 내성 시험규격(IACS) 개선안에 관한 연구)

  • 임재열;임준석;민경찬
    • Journal of the Korean Institute of Navigation
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    • v.22 no.4
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    • pp.45-50
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    • 1998
  • A recently constructed commercial ship is a complexive integrated system like a small city in which has a generator, power distributing facilities, various radio equipments and high power circuit breakers are installed. Therfore it could make a malfunction of the microprocessor in the various control units which are so important during the ocean voyage of larger ship. This paper has studied whether is properly required or not on the view of the actual electro magnetic compatibility status on the electromagnetic interference and suceptibility test requirments listed on the IACS (International Association of the Classification Society). Through these results, we are looking forward to the new suggestions of the Electro Magnetic Compatibility test in order to reduce the malfunction in the ship regarding test item, test level, and test condition.

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Investigation on the wall function implementation for the prediction of ship resistance

  • Park, Sunho;Park, Se Wan;Rhee, Shin Hyung;Lee, Sang Bong;Choi, Jung-Eun;Kang, Seon Hyung
    • International Journal of Naval Architecture and Ocean Engineering
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    • v.5 no.1
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    • pp.33-46
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    • 2013
  • A computational fluid dynamics (CFD) code, dubbed SNUFOAM, was developed to predict the performance of ship resistance using a CFD tool kit with open source libraries. SNUFOAM is based on a pressure-based cell-centered finite volume method and includes a turbulence model with wall functions. The mesh sensitivity, such as the skewness and aspect ratio, was evaluated for the convergence. Two wall functions were tested to solve the turbulent flow around a ship, and the one without the assumption of the equilibrium state between turbulent production and dissipation in the log law layer was selected. The turbulent flow around a ship simulated using SNUFOAM was compared to that by a commercial CFD code, FLUENT. SNUFOAM showed the nearly same results as FLUENT and proved to be an alternative to commercial CFD codes for the prediction of ship resistance performance.

Study on Identifying the Key Factors for the Decision of Necessity for the Performance Improvement of Naval Ship (함정 성능개량 소요판단에 필요한 요소 식별 연구)

  • Kil, Taejun;Kwon, Pangum
    • Journal of the Society of Naval Architects of Korea
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    • v.53 no.4
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    • pp.249-257
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    • 2016
  • The purpose of this study is finding the key factors for navy to determine the necessity of naval ship PIP(Performance Improvement Program) against the altered battle field environment and politics. Recently, leading countries try to cope actively with the changing international circumstances and technology development trend in the commercial industry. In the case of domestic situation, based on the regulation, it is possible to modify the ship configurations by PIP, but there are not enough criteria and references to make a decision of necessity for the PIP program considering the naval ship acquisition planning by navy. It is necessary to acquire the obvious decision criteria for determination of PIP commencement, by the operational, political and security environment around the Korean peninsula. Considering these conditions, this study proposes the factors necessary for naval ship PIP for navy.

Development of the Abstract Test Cases of Ship STEP

  • Kim Yong-Dae;Hwang Ho-Jin
    • Journal of Ship and Ocean Technology
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    • v.9 no.3
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    • pp.23-32
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    • 2005
  • Ship STEP(Standard for the Exchange of Product Model Data) which is composed of AP 215 (Ship Arrangement), AP 216(Ship Hull Form), AP 218 (Ship Structure), has been developed more than last 10 years and it is now at the stage just before IS(International Standard). It is expected that ship STEP would be used for the seamless data exchange among various CAD/CAM/CAE systems of shipbuilding process. In this paper the huge and complicated data structure of ship STEP is briefly reviewed at the level of ARM(Application Reference Model) and some abstract test cases which will be included as part of the standards are introduced. Basically ship STEP has common data model to be used without losing compatibility among those three different ship AP's, and it is defined as the modeling framework. Typical cases of data exchange during shipbuilding process, such as hull form data exchange between design office and model basin, midship structure data between shipbuilding yard and classification society are reviewed and STEP physical data are generated using commercial geometric modeling kernel. Test cases of ship arrangement at initial design stage and hydrodynamic data of crude oil carrier are also included.

Development of Integrated System for Safety Assessment of Damaged Ship (손상선박의 안전성 평가를 위한 통합시스템 개발)

  • Lee, Soon-Sup;Lee, Dong-Kon
    • Korean Journal of Computational Design and Engineering
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    • v.13 no.3
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    • pp.227-234
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    • 2008
  • The number of marine accidents have been decreased since various equipments for navigation control have been introduced to the marine vessels. However, disastrous marine accidents such as ship collisions are occurred more frequently. Therefore, IMO(International Maritime Organization) is enforcing the design requirement of structural strength for marine vessel. Also EU countries are developing new design methodologies and design tools to suggest the design guidance which can minimize the damage of commercial vessels in case of marine collision accidents. In this study, an integrated design system for the safety assessment has been presented to enhance the safety of damaged ships in marine collision accidents. The architecture of system is described by use-cases and IDEF functional analysis. Then an integrated system for safety assessment of damaged ship which is considering both damage stability and structural safety has been developed to support the ship design in early stage.