• 무역상무연구
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• 제69권
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• pp.303-326
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• 2016

The Rotterdam Rules regulate both transport documents and the legal effect of the choice of document much more comprehensively than the existing maritime convention to bring international harmonization of issues relating to transport documents. The Rotterdam Rules use the generic term 'transport documents' rather than referring to specific title such as bills of lading, sea waybills. The generic term 'transport documents' allow four types of transport documents to be identified as follows. 1. negotiable 2. negotiable which dispense with surrender 3. non-negotiable which require surrender 4. non-negotiable. Each types of transport documents has its requirements to be satisfied. Also, the choice of transport documents affects legal effect. Thus parties to the contract of carriage not only need to know how the document will be classified at the time it is issued but also consider what the documents will bring legal consequences.

• 무역상무연구
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• 제43권
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• pp.371-393
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• 2009

The biggest issue of the current international maritime transport is that EU had decided to apply the Competition Law about Shipping Conference since 2008 and UNCITRAL Convention which is the substitute of international rules related with existing maritime transport passed UN General Assembly. This movement indicates that international rules of international maritime transport are not focusing on shipping companies or forwarders anymore but consignors. According to the current circumstances, it is time for us to convert existing shipping companies and forwarders centered rules system into consignors centered international rules system as well. Thus, this study has compared and analyzed between each country's law of Shipping Conference and Korean governing law, Ocean Shipping Act.

• International Journal of Computer Science & Network Security
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• 제21권3호
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• pp.198-205
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• 2021

For twenty years, in the EU there has been a trend of a lack of maritime infrastructure and a redundance of the road one, which has a negative impact on the economy. The intermodal transport market structure in the EU has not changed over the past ten years. The stability of transport systems due to the lack of changes in the transport market remains under threat, affecting supply chains and networks through the optimization of warehousing and transportation costs. The research methodology is based on a quantitative assessment of cause-and-effect relations between economic growth and transport and logistics in the EU. A statistical analysis of security indicators, intermodal and modal transport, international trade in goods within the EU and in the world trade in goods, the dynamics of GDP of the EU countries, the level of openness of the EU economy, investment and maintenance costs of different modes of transport and infrastructure has been carried out. The results show that in 2000- 2010 there were positive changes in the transport and logistics infrastructure of the EU, which had a positive effect on trade, openness of the economy of the EU, GDP growth. However, at that time, negative effects of environmental impact and the load on road and rail transport were accumulating. Investment in different modes of transport is limited, and technical maintenance and infrastructure maintenance costs form a significant part of GDP of the EU. A slowdown in economic growth leads to budget constraints and infrastructure financing gap. As a result, the freight and passenger intermodal and modal transport market structure remains virtually unchanged. The load on rail and road transport remains stable, despite the reduced level of transport hazards. Transport productivity has declined over the past ten years. Herewith, the intensification of trade and the openness of the EU economies require constant modernization and innovative renewal. The EU policy in this direction remains normative, uncontrolled, which is reflected in investment differences within the EU and maintenance costs.

• 통상정보연구
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• 제9권2호
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• pp.285-303
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• 2007

As the interest about smooth logistics increases lately, the importance of multimodal transport, which performs the key role of logistics emerges, Through there are many issues respecting multimodal transport, the issue of the efficiency of multimodal transport seems to be the most importance. This paper examine as to the problems & systems of the multimodal transport including transportation document and customs clearance for door to door services. I wish our country will use total logistics automation systems for encouraging multimodal transport chance and make a partial amendment of commercial code including the customs clearance regulation. This study will assist in the development of logistic and the enlargement of multimodal transport transaction.

• 무역학회지
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• 제47권3호
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• pp.75-92
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• 2022

This study aims to analyze the International trade network of Water transport service using Social Network Analysis for defining the status of Korean Water transport industry. This study use World Input-Output Table of Asian Development Bank from 2000 to 2020 and build the International trade matrix of Water transport service from that. Therefore, this study analyze Out-degree centrality, In-degree centrality and betweenness centrality of Korea and other main countries in the matrix of World Water transport industry. As a result, Korea rank above 10th in the all centralities and the total output also rank 8th in the world, therefore, this study show the importance of Korean Water transport industry in the world. However, Singapore has the highest centrality in the world, even though China has the largest Total output among 63 countries.

• 무역상무연구
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• 제75권
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• pp.71-94
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• 2017

The Rotterdam Rules is the first international maritime carriage of goods Convention that acknowledge electronic records of contracts of carriage. The Rules have developed separate chapter in relation to electronic transport records' issuing, transfer, etc. This paper aims to evaluate Rotterdam Rules' contribution to the use of electronic transport records. To achieve the aims firstly this paper have examined the related articles of Rotterdam Rules, Secondly in practical aspects, this paper explores the opportunities and obstacles which could be happened in practical procedures, applicable to transport industry, shipper and holder of electronic transport records. Findings could be summarized as follows, first the Rules shows high acceptability to whom it may involved in transport industry by simplify the contents of the Rules to avoid conflict with each countries' national laws. The Rules acknowledge the functional equivalence between paper and electronic transport records in specific provisions. This could be important development to facilitate the use of electronic transport records. But the Rules have not mentioned liability limit of transport industry when the problems arise from issuing, tele-transmission, transfer of the records. And the secure of the functional equivalence between paper and electronic transport records also could be remained in uncertain regime due to different stance of each national laws.

• 항공우주정책ㆍ법학회지
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• 제4권
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• pp.7-35
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• 1992

The expansion of air transport on a global scale with ever increasing traffic densities has brought about problems that must be solved through new multilateral mechanisms. Looking to the immediate future, air transport will require new forms of international cooperation in technical and economic areas. Air transport by its very nature should have been a counterforce to nationalism. Yet, the regulatory system in civil aviation is still as firmly rooted in the principle of national sovereignty as when it was first proclaimed at t-11e Paris Convention of 1919 and reaffirmed in the Chicago Convention. Sovereignty over the airspace has remained the cornerstone of relations between states in all respects of air transport. The importance of sovereignty over air space embodied in article 1 of the Chicago Conrenton also is responsible for restricting the authority of ICAO as an intergovernmental regulatory agency. The Orgenization, for all its extensive efforts, has only limited authority. ICAO sets standards but cannot enforce them; it devises solutions but cannot impose them. To implement its rules ICAO most rely not so much on legal requirements as on the goodwill of states. It has been forty-eight years since international community set the foundations of the international system in civil aviation action. Profound political, economic and technological changes have taken place in air transport. The Chicago Convention is living proof that staes can work together to make air transport a safe mode of travel. The law governing international civil auiation is principally based on international treaties and on other regulation agreed to by governments, for the most part through the mechanism of ICAO. The role of ICAO international standards and recommended practices and procedures dealing with a broad range of technical matters could hardly be overestimated. The organization's ability to develop these standards and procedures, to adapt them continuously to the rapid sate of change and development of air transport, should be particularly stressed. The role of ICAO in the area of the development of multilateral conventions on international air law has been successful but to a certain degree. From the modest starting-point of the Tokyo Convention, we have seen more adequate international instruments prepared within the scope of ICAO activities, adopted: the Hague Convention of 1970 for the suppression of Unlawful Seizure of Aircraft and the Montreal Convention of 1971 for the Suppression of Unlawful Acts against the Safety of Civil Aviation. The work of ICAO in the new domain of international law conventions concerning what has been loosely termed above as the criminal problems connected with international air transport, in particular the problem of armed aggression against aircraft, should be positively appreciated. But ICAO records in the domain of developing a uniform legal system of international carriage by air are rather disappointing. The problem of maintaining and developing the uniformity of this regulation exceeds the scope of interest and competence of governmental transport agencies. The expectations of mankind linked to it are too great to give up trying to restore the uniform legal system of international air carriage that would create proper conditions for its further growth. It appears that ICAO has, at present, a good opportunity for doing this. The hasty preparation of ICAO draft conventions should be definitely excluded. Every Preliminary draft convention ought to be sent to Governments of all member-States for consideration, So that they could in form ICAO in due time of their observation. The problom of harmonizing a uniform law of international air carriage with that of other branches of international transport should demand more and more of its attention. ICAO cooperation with other international arganization, especially these working in the field of international transport, should be strengthened. ICAO is supposed to act as a link and a mediator among, at times the conflicting interests of member States, serving the happiness and peace of all of the world. The transformation of the contemporary world of developing international relations, stimulated by steadily growing international cooperation in its various dimensions, political, economic, scientific, technological, social and cultural, continuously confronts ICAO with new task.

• 통상정보연구
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• 제7권4호
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• pp.219-243
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• 2005

The Purpose of this Article is to analyze the examination criteria on the compliance of multimodal transport document in the ISBP. When the goods are taken in charge by the multimodal transport operator, he shall issue a multimodal transport document which, at the option of the consignor, shall be in either negotiable or non-negotiable form. The multimodal transport document shall be signed by the multimodal transport operator or by a person having authority from him. When the multimodal transport document is presented by the beneficiary to the bank in the letter of credit operations, the bank should examinate the bill of exchange and/or shipping documents, including multimodal transport document. There are two rules in connection with examination of the documents in the letter of credit operations. One is the "Uniform Customs and Practice for Documentary Credits(UCP 500)" approved by the Banking Commission in March 10, 1993, the other is the "International Standard Banking Practice for the Examination of Documents under Documentary Letters of Credits(ISBP)" approved by the ICC Banking Commission in October 2002. Therefore, this Article has studied the multimodal transport document presented under documentary credits on the basis of the UCP 500 and the ISBP it reflects.

• 한국항해항만학회지
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• 제35권6호
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• pp.523-531
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• 2011

급속한 세계화와 블록경제체제는 한 일간의 교역을 크게 확대시켜 취급품목도 경공업분야로부터 중공업분야까지 다양하게 증대되었다. 이러한 국제교역의 확대는 원활한 운송시스템을 필요하게 되었고, 특히 한 일간 기계류나 호화 요트와 같은 특수화물에 대한 운송수요로 카-훼리 국제복합운송체제가 발전하게 되었다. 카-훼리 국제복합운송은 "문전에서 문전까지"라는 하주의 욕구를 충족시켜 주지만 그로 인해 불명손해의 클레임을 야기시킨다. 본 논문의 목적은 한 일간 카-훼리 국제복합운송에 따른 불명손해의 원인과 문제점을 규명하여 합리적인 책임배분에 의한 대응방안을 모색해 한 일간 카-훼리 국제복합운송의 지속적인 발전을 도모함에 있다.

• 한국항해항만학회:학술대회논문집
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• 한국항해항만학회 2006년도 춘계학술대회 및 창립 30주년 심포지엄(논문집)
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• pp.265-271
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• 2006

전 세계적으로 생산과 판매, 유통이 펼쳐져 세계경제는 글로벌화 되고 국제운송체계는 신속성과 부가가치 서비스를 중요시하는 운송체계로 변화함에 따라 국제운송체계는 해상운송, 항공운송 그리고 철도운송을 시스템적으로 연계하는 국제복합운송 중심체계로 전환되고 있다. 이러한 변화에 따라 생산과 판매, 유통이 적시에 제공되고, 글로벌 네트워크상의 소비자에게 다차원적인 물류서비스를 제공할 수 있는 국제복합운송경로가 필요하지만 국제운송을 위한 정보 연계 및 운송수단 간의 연계 시스템이 미비하여 활성화되지 못하고 있다. 특히 국내에서는 3자 물류업체, 운송업체 둥의 선정기준은 제시되고 있으나, 운송을 계획하고 수행하는 물류전문업체들이 국제복합운송경로를 선정하는데 있어 체계적인 평가기준이 제시되지 못하고 있다. 이에 본 연구에서는 복합운송경로선정에 대한 주요 문헌연구를 정리하고, 업체 담당자들의 인터뷰를 통해 복합운송경로 선정을 위한 평가기준을 도출하고, 이를 계층분석기법(AHP)을 이용하여 측정하여 복합운송경로 선정을 위한 평가기준을 제시하는데 목적이 있다.