• Title/Summary/Keyword: Marine Goods

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A Thought on Social Captial Paradigm and Social-Emotional Goods (사회자본 패러다임과 사회·감성재화에 관한 소고)

  • Park, Seong-Kwae
    • Journal of Fisheries and Marine Sciences Education
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    • v.16 no.2
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    • pp.199-209
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    • 2004
  • The main purpose of this study is to explore a social capital paradigm which can be applied to many forms of social capital and intangible goods. The social capital paradigm introduces a new form of capital. This new form of capital produces a flow of socio-emotional goods that have value. Moreover, these socio-emotional goods can attach themselves to the objects used to convey them and change their value and meaning. This change in value and meaning is defined as attachment values. Exchanges of socio-emotional goods occur in networks where social capital resides. Formal and informal institutions provide order and meaning to exchanges of tangible and intangible goods. Social capital is a powerful resource that makes our choices interdependent. The social capital paradigm does not alter or contradict the basic economic theories of exchange. While the social capital paradigm accepts that selfish preferences motive many actions, it adds that sympathy and the desire to consume socio-emotional goods are powerful motivators. In case of marine affairs, ocean and fishing villages and their culture have been not only a fundamental basis of fisheries development but they also have made a great deal of contribution to forming social capital. In spite of this fact, the main reason that the problems of fisheries fishing villages fishermen in our society are kept at a distance is because they have been loosing their capability of forming social capital and producing socio-emotional goods, in addition to lowered relative economic share.

A Study on the extension of duration of risk in the England marine insurance (영법(英法)에 있어서 보험기간(保險期間)의 확장(擴張)에 관한 일고찰(一考察))

  • Do, Choong-Goo;Lee, Won-Keun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.15
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    • pp.137-165
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    • 2001
  • The study on the duration of risk in the marine insurance has been paid a great attention because the marine insurance has to provide several indemnity conditions including the one to be compensated the loss when the accident happens. The research examines as to how the duration of risk has been extended from the beginning period to now. The results show the duration of risk has been continually extended in terms of place and time by a dramatic change of environment related to the marine insurance including marine transportation, a variety of goods, development of marine communication, many different trading conditions, etc, and requirement of the assured. The validity of the duration of risk is effected when the ship leaves at the port and is terminated when the ship arrives at the final destination. It in the Lloyd's age has been started when the products was charged to the ship and terminated when the one was safely discharged to the destination. Recently, the duration of risk in England Marine Insurance attaches from the time the goods leave the warehouse or place of storage at the placed named for the commencement of the transit, continues during the ordinary course of transit and terminates on delivery to the consignees or other final warehouse or place of storage at the destination named. Further research on the extension of the duration of risk must be conducted according to the being large scale of the ship and goods.

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A Study on the Validity of the Retla Clauses in Bills of Lading (선화증권 상의 Retla 약관의 유효성에 관한 연구)

  • Choi, Myung Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.61
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    • pp.93-111
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    • 2014
  • In this article, I have reviewed the validity of the Retla Clauses in bills of lading. In Tokio Marine(1970), US courts have permitted carriers to include Retla Clauses in their bills of lading that essentially disclaim all responsibility for the required statement. Simon J in The Saga Explorer(2012) disagreed with the decision of no representation in Tokio Marine and held that the statement with the Retla Clauses made on the bills of lading as to the cargo's apparent condition was a fraudulent misrepresentation. Simon J also requested a strong carriers' honest conduct. However, because the shippers always request the clean bill of lading for trade purpose and never call for a substitute bill of lading showing the true condition of goods, carriers will inevitably continue to clause bills of lading if they have no other better way of protecting themselves in the situation of Tokio Marine or The Saga Explorer. For the present, the decision of misrepresentation in The Saga Explorer might be helpless to change the position of the assignees of the bills of lading. And it seems that the debate on the validity of the Retla Clauses in bills of lading will be continued for the time being. In these circumstances, if the buyers hope to void the potential dispute, they may have a special agreement in the sale of goods contract, for example, requiring a pre-shipment inspection of the goods so as to know the actual condition of the goods on shipment.

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Computerized IMDG Code for the Safe Marine Transportation (해상운송 안전을 위한 Computerized IMDG Code 수립)

  • 홍충유;이문성;김덕현
    • Proceedings of the Korea Committee for Ocean Resources and Engineering Conference
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    • 2001.10a
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    • pp.20-25
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    • 2001
  • Now a days, according to the increasing transportation of dangerous goods using cargo vessels, importance of the safe marine transportation also being issued. For this reason, the computerized IMDG Code was sincerely required. This paper shows stowage and segregation method of dangerous goods at marine transportation and general requirement of IMDG code and relationship between IMDG code and EMS / MFAG. And then draw up plan for making computerized IMDG Code on the basis of these requirements.

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Analysis of Biotechnology Companies' Needs Related to Supporting Their Entry into the Marine Biotechnology Industry (바이오 기업의 해양바이오 분야 진입을 위한 기업수요 분석)

  • Jang, Duckhee;Kang, Yerin;Oh, Chulhong;Doh, Soogwan
    • Ocean and Polar Research
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    • v.39 no.3
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    • pp.233-244
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    • 2017
  • This study seeks to analyze the needs of biotechnology companies in relation to their entry into the marine biotechnology industry and to discuss the policy implications associated with empirical tasks based on issues raised from empirical results gathered from a survey data of 200 biotechnology companies in Korea. This study made a comparison between marine and non-marine biotechnology companies and analyzed non-marine biotechnology companies' needs related to their entry into the marine biotechnology companies by using Social Network Analysis (SNA). Empirical results indicate that 23.5% of biotechnology companies produce goods using marine bio-resources. Once the utility of marine bio-resources is established, 58.8% of non-marine biotechnology companies intend to enter the marine biotechnology industry. This study also shows that non-marine biotechnology companies need technical support, information sharing, and the acquisition of raw materials to enter the marine biotechnology industry. The findings in this study provide important pointers for the direction of policies and future research in the area of marine biotechnology industry.

Spatial Structure of Hinterlands and Forelands of Pusan Container Export Port: the Cases of 3 National Flag Carriers (부산 컨테이너 수출항의 배후지와 지향지의 공간구조)

  • Cho, Su-Kyung
    • Journal of the Korean Geographical Society
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    • v.28 no.3
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    • pp.247-267
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    • 1993
  • According to developing international economy since the World War II, the increase and competition of the national business is so empha-sized tht both the interest and the necessity about marine transportation playing the impor-thant role of international transportation are increased. Today, the container transportation, as called the innovation of marine transport has been prevailed since the 1970's. The purpose of this paper is to grasp the spatial structure of the hinterlands and forelands, its object is export container cargo at Pusan Export Port, as known for the transportation node of modern containerlization. In this study, for the purpose of grasping the relation between hinterlands and forelands of Korean export container cargo, first, I researched the transition of carloading about container cargo, the bistribution channel of cargo, the change of the items of container and the carlo-adings about transport route, secondly, I used the cluster analysis so as to group hinterlands according to the items of goods and forelands. The object of the analysis is container cargo of Choyang Line, Hanjin Shipping and Hyundai Merchant Marine of National Frag Carriers. The source materials used in this study are Trucking Data of Hanjin Co., Container Ren-tal Data of Samik Transport Co. and Transpor-ting Present Condition Tables of Hyundai Mer-chant Marine. 1. There are two kinds of the transport classi-fied by its form: FCL and LCL. In Pusan Con-tainer Export, a lot of textile goods, clothings and furniture, compound, electric goods, and so on are dealed with but the rate of occupation of the transport is getting lower while that of occupation of equipment, papers and agricultu-ral, mineral and livestock industry higher. 2. In 1990, the transports of container cargo in Korea consist of 7 services and round-the world lines. We can list North America lines, East-South Asian lines, Japan lines and Inter European lines, in order of the quantity of tran-sport form the largest to the smaller. We can have another list that Japan lines, North Ame-rica lines and East-South lines in order of the rate participation of national flag carriers, be-cacuse Korean foreign trade lay disproportionate emphasis on East-South Asian lines. Japan lines among them is the biggest import-export market. Since the rationlization policy of marine tran-sport in 1984, each of national flag carriers have its own lines. Hanjin Shipping predominates over North America lines, Choyang Line over New Zealand, Inter European and Austria lines and Hyundai Merchant Marine over Center-South America lines, in terms of the volume of transport. And small-to-medium sized shippers are prevailing in lines which are adjacent to Korea, Such as Japan lines and East-South Asian lines. 3. In relation to hinterlands and forelands of Choyang Line, the light industry goods, electric goods and machinary produced in Seoul and Pusan are exported to the major ports in Europe and Japan, the same produces in Suwon, Ulsan, Kumi are exported to European Ports, and those in Incheon and Kwangju Austrian and Japanese ports, and those in the rest regions to the major port in Japan. 4. In relation to hinterlands and forelands of Hanjin Shipping, the light industry goods pro-ducing in Seoul and Pusan, the electric goods and machinary in Incheon and Pyeongteck, are exported to New York and Los Angeles. Electric goods and machinary Masan, Anyang, Cheona, Cheongju and Incheon, Electric goods machinary and light industry goods in Kwangju and non mental goods in Pohang, are exported New York, Los Angeles and Oakland. 5. In relation to hinterlands and forelands of Hyundai Merchant Marine, the region of Seoul, Pusan and Incheon closely related with the main ports in U.S.A. The rest regions with Montreal. The hinterlands of export container cargo can be classified by its export items into three kinds: the large city, industrial city and the rest city. Choyang Line's forelands are European lines, Japan lines and Austria lines, and Hanjin Shipping's forelands are North America lines, and Hyundai Merchant Marine's forelands are North America lines and Japan line. 3 National flag carriers' major forelands are determined by the size of port and the shipper's convenient use of the port terminal.

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A Study on the Scope of Passenger Vessels and Dangerous Goods Carriers Subject to Maritime Traffic Safety Audits (해상교통안전진단 대상 여객선 및 위험화물운반선 범위에 관한 고찰)

  • Lee, Hong-Hoon;Kim, Sung-Cheol;Kim, Deug-Bong
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.23 no.7
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    • pp.767-774
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    • 2017
  • Maritime traffic safety audits (MTSA) were enacted in order to ensure marine traffic safety throughout changes or the construction of water facilities, port facilities, etc. After the introduction of MTSA, the scope of subject vessels was restricted to an LOA of more than 100 m or a maximum speed of more than 60 knots as of 2014. In this study, the scope of subject vessels was re-examined in comparison with specific marine traffic safety areas and tanker prohibited areas identified in the maritime safety act. Furthermore, the state of subject vessels and exception cases for MTSA were also analyzed. As a result of these analyses, MTSA were deemed necessary for dangerous goods carriers of more than 1,000 G/T in specific marine traffic safety areas and dangerous goods carriers of more than 794 G/T in tanker prohibited areas. Finally, the necessity of further review was suggested given the present scope of subject vessels.

A Study on the Legal Nature of the Duty to Arrange Spill Clean-up Equipment and the Issue on the Justification of Its Privatization (방제선 등 배치의무의 법적 성질 및 민간개방의 정당성에 관한 연구)

  • Lee, Jung Won
    • Ocean policy research
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    • v.33 no.2
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    • pp.83-119
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    • 2018
  • Under the Korean Marine Environment Management Act (hereunder, the KMEMA), the duty to arrange spill clean-up equipments, including spill clean-up vessels, required by the article 67 of the KMEMA is in essence the provision of public goods since it is a precautionary or preventive measure for the efficient performance of oil spill cleaning up. Also the obligation to control marine pollution and the duty to arrange of anti-pollution measures imposed on polluters is the obligation imposed by the public law in accordance with "the Polluter-Pays Principle". Therefore, the execution of such obligations shall be accompanied by the minimum legal and institutional arrangements. On the other hand, judging whether to form the roles of the public and private sectors in providing public goods is basically a matter of policy decision. However, even if the private sector is allowed to participate in the provision of public goods, it is imperative that a minimum requirement be provided to secure the public interest. Although major countries allows polluters to conclude a preliminary contract with a civil anti-pollution management company, these civilian institutions are in principle constituted by the owners of oil storage facilities. Additionally it is worth noting that it operates as a non-profit organization. In particular, if the practitioner performs pollution control for commercial purposes, their profitability may depend on the size of the pollution, the period spent on pollution control, the size of the equipment and manpower mobilized in the pollution control, and so on. Considering the above problems, caution should be taken to allow marine environmental management companies to be un-limitedly entrusted with the responsibility of arranging measures such as pollution control. In order to allow the marine environmental management contractor to be entrusted for the assignment of duty to protect the marine environment, the marine environment management business should be expanded so that the marine pollutant management capacity satisfies the statutory control capacity. For this purpose, it is necessary to manage and supervise the maintenance and improvement of the control capability of the marine environment management business. It is also necessary to discuss the introduction of the grading system for the control ability of the civil control companies alike in major countries.

The Study on the Complex Causation of Loss in Marine Insurance (해상보험(海上保險)에서의 복합인과관계(複合因果關係)에 관한 연구(硏究))

  • Park, Sung-Cheul
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.15
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    • pp.119-136
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    • 2001
  • The purpose of this paper is to consider how to decide the cause of loss or damage to the transport goods when maritime accident occurs. In marine insurance, the underwriter is liable for any loss or damage proximately caused by a risk insured(MIA Art.55). So it is very important to determine the proximate cause of loss or damage to ascertain whether it is to be recoverable under the policy. But there is no definite conception or rule what is the proximate cause. It was left to the tribunal as a question of fact. In this paper, I will suggest the general rules to determine the proximate cause of loss or damage of the transport goods in marine insurance. First, in MIA 1906, there is the rule of proximate causation and it has been established the effective causation by cases since 1918. Second, in Institute Cargo Clauses(B) & (C), there are rules of considerably relaxed standards to determine the causation of loss of or damage using the "attributable to" and "caused by" basis. Third, it is noted, under the complex causation situation, there are difference basises to decide the liability of underwriters between the case of successive occurrence of single risk and the case of concurrent occurrence of several risks. Forth, in practice, it couldn't be ascertained the underwrier's liability by a definite rule and it should be fully considered the circumstances and conditions of the loss.

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Compensation for Injury to Publicly Owned Marine Resources : Legal and Economic Aspects (해양 공공자연자원 피해보상의 법.경제적 평가)

  • 표희동;이흥동
    • The Journal of Fisheries Business Administration
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    • v.22 no.2
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    • pp.53-74
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    • 1991
  • Interest on ocean environment has increased with the development of industrialized activities. Public marine resorces are defined broadly to include fish stocks, beaches, marine waters, recreational fishing, biota, waterfowls, shorebirds, seabirds and marine mammals But, it is not easy to analyze compensation for injury to publicly owned marine resources because the claimants do not exist clearly and the economic methodology of damage on public goods is not developed fully. This paper introduces basic idea of welfare economic theory and environmental legislation to the research question : How the economics and law can be applied to the case of damage on publicly owned marine resource. The paper discusses the concepts of willingness to pay (WTP) and willingness to accept (WTA). It is accepted generally that WTA is correct concept of welfare change in the case of damaged public goods. Four methods (compensating variation, equivalent variation, compensating surplus, equivalent surplus of measuring welfare changes are compared. Compensating variation(CV) is the best measure of welfare changes are compared. Compensating variation(CV) is the best measure of welfare changes caused by environmental damage. Vartia (1983) showed CV could be measured from the ordinary demand function using the differential equations. This paper also provides an overview of the emerging U.S. and Korea legal system for compensation for natural resource damages, with particular emphasis on U.S. legal system under Comprehensive Environmen-tal Response Compensation and Liability Act (CERCLA). These regulations are to include two different types of standardized procedures for assessing natural resources injury : Type A or simplified assessment techniques for small releases ; and Type B protocols that would include detailed and extensive assessment methodologies for major releases. Type A procedures are specified by Natural Resources Damage Assessment Model for Coastal and Marine Environment (NRDAM/CME) of the U.S. CERCLA provides a legal 'legitimization for the use of economic-based nonmarket valuation in the courts and have introduced appropriate and accurate nonmarket valuation methods based on willingness to-pay for damage assessment. By briefly reviewing economic theory and environmental legislation, we hope to help provide a better understanding of the compensation process and the economics of publicly owned marine resources in the U.S. and to integrate the economics and law of natural resources valuation into a single comprehensive package in Korea.

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