• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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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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• v.21 no.3
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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.

• International Commerce and Information Review
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• v.9 no.2
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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.

• Korea Trade Review
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• v.47 no.3
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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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.75
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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.

• The Korean Journal of Air & Space Law and Policy
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• v.4
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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.

• International Commerce and Information Review
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• v.7 no.4
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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.

• Journal of Navigation and Port Research
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• v.35 no.6
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• pp.523-531
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• 2011

The recent increase in international car-ferry lines between Korea and Japan as well as China brings needs for proper transportations of special cargo, such as machinery and luxury yacht, etc. International multimodal transport, especially international car ferry through truck-sea-truck system enables to fulfill shippers' needs for "Door to Door Service", of such special goods. However, this international multimodal transport of bulk cargo will cause a possible claim for concealed damages during such transportation. For this reason, this study aims to examine the liability system of the multimodal transport operator as well as to investigate liability for concealed damages theoretically and finally to seek proper measures for them. Futhermore, this paper intends to verify the claims for concealed damages to further the international multimodal transport by car ferries between Korea and Japan.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2006.06b
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• pp.265-271
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• 2006

According to globalization of world economy by extension of production, sales and distribution all around the world and international transportation system changed into a transport system that puts great importance on speediness and value-added services, international transport system is changing into a Multimodal Transport Routing centered system that systematically connects marine, air and rail transports. Due to such changes production, sales and distribution must be provided in time and Multimodal Transport Routing, which can provide multi-dimensional logistics services to customers of global network, is needed but information connection for international transport and connection system between transport modes are insufficient and can not be activated. Especially in Korea, selection standard of 3rd party logistics companies and transport companies is presented, but logistics exclusive companies, which plan and execute the transportation, can't present a systematic evaluation standard for international Multimodal Transport Routing, selection. Thus, this research surveys important previous studies about Multimodal Transport Routing, selection, derives an evaluation standard for Multimodal Transport Routing, selection through interview with company officials, and presents a theoretical basis for Multimodal Transport Routing, selection through systematic analysis of Multimodal Transport Routing, selection using Analytical Hierarchy Process (AHP).