• Journal of Arbitration Studies
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• v.12 no.2
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• pp.303-336
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• 2003

Incorporation of an arbitration clause by reference to other documents occurs in many international business transactions. The reference is either to another document that contains arbitration clause or to trading rules which contain the arbitration clause, without the main contract mentioning that arbitration has been agreed upon. In fact, incorporation by reference in to a contract of an arbitration clause set forth in another agreement is deemed valid in any number of circumstances, even when the parties to the two contractual instruments are not the same. Difficulties arise when, instead of an express arbitration provision, a contract contains a clause which refers to the trading rules of a certain trade association, so-called external arbitration clause. The U.S. courts which will presume that the parties intended to arbitrate under a particular set of rules when they expressly mentioned arbitration in their agreement, have sometimes refused to enforce contract clauses that do no more than refer to particular trading rules, even if these rules contain provisions binding the parties to arbitrate their disputes. The courts in such cases tend to be careful in determinig whether intent to arbitrate is present. In maritime contracts, the arbitration clause in a charter party is often referred to in the bill of lading. Such reference usually is held binding upon the parties to the contract of carriage, their knowledge of such practice being presumed. A nonsignatory may compell arbitration against a party to an arbitration agreement when that party has entered into a separate contractual relationship with the nonsignatory which incorporates the existing arbitration clause. If a party's arbitration clause is expressly incorporated into a bill of lading, nonsignatories … who are linked to that bill … may be bound to the arbitration agreement of others. An arbitration clause in a charterparty will be incorporated into a bill of lading if either - (a) there are specific words of incorporation in the bill, and the arbitration clause is so worded as to make sense in the context of the bill, and the clause dose not conflict with the express terms of the bill; or (b) there are general words of incorporation in the bill, and the arbitration clause or some other provision in the charter makes it clear that the clause is to govern disputes under the bill as well as under the charter. In all other cases, the arbitration clause is not incorporated into the bill.

• Journal of Korea Port Economic Association
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• v.30 no.4
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• pp.219-254
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• 2014

Due to the recent development of globalization and supply chain management, growth of international trade has led to increasing cargo volume around the world. Since maritime logistics environments have changed, increased container ship size, improvement of harbor equipment, global port operation and rapid technological development have had an significant effects on shipping and port industry, which is contributing to competitiveness of port. Since a larger volume of port throughputs are generally regarded as an indicator of the more competitive port, inefficient port operation could reduce its competitiveness. On the other hand, high efficient ports could increase their competitive power while increasing cargo volume. This study aims at comparing competitiveness of the ports in the Northeast Asia by investigating changes of container throughputs and evaluating efficiency performance of ports. Shift-Share analysis and Data Envelopment Analysis(DEA) have been conducted with 21 Northeast Asian ports and then separated them into 4 groups for comparative analysis to identify competitive position of each port. The results of this study show that Incheon and Gwangyang port have been decreased container cargo volume, while volume of Busan port would increase by means of active marketing, various route development and incentive policy for the port.

• Journal of Korea Port Economic Association
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• v.32 no.1
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• pp.123-133
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• 2016

LNG(Liquefied Natural Gas) bunkering has become an important issue with the enforcement of environment regulations in shipping industry required by the International Maritime Organization (IMO). With increased attention on LNG bunkering, many studies that focus on safety, regulation, demand forecasting, and the feasibility of LNG fueled ships have been carried out. However, most of the existing research has not included considerations of the price of LNG bunkering and its competitiveness. This paper, therefore, suggests ways to increase price competitiveness in the LNG bunkering market in the Busan Port. This paper analyzes the LNG bunkering supply mechanism by investigating various LNG bunkering terminal business in the LNG supply market. Factors that determine LNG bunkering price and its elasticity are also identified. Market players who want to operate LNG bunkering terminals in the Busan Port should introduce a merchandising trade method that is able to exclude the "Korea premium" in order to increase price competitiveness. This paper also suggests adoptable strategies such as the use of TPS (Terminal to Ship via Pipeline) type of bunkering service and the importance of location for minimizing initial investment cost.

• Journal of the Korean Society of Marine Environment & Safety
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• v.23 no.6
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• pp.603-612
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• 2017

Accidents associated with hazardous materials, including oil and HNS, in maritime transportation show increasing trend. Therefore, preventive countermeasures for such accidents should be provided. The purpose of this study is to analyze level of risk on human loss and potential damage to environment, using data on domestic marine accidents carrying hazardous materials (2002~2014), and identify high-risk accident types for urgent risk management which needs findings of accident causes and proper mitigation measures. High-risks on human loss are explosion and suffocation, occurred in process of ship maintenance and tank cleaning. On the other hand, high-risk on environmental damage is spill caused by ship accidents (collision, grounding and etc.). Especially, spill occurs during loading operation of oil and HNS onboard a ship. Strict operation supervision/management and safety education/training on a regular basis could prevent accidents, because human factors such as not wearing safety gear and careless cargo handling cause most of the marine accidents.

• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.5
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• pp.557-565
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• 2021

Path-following control is considered as one of the most fundamental skills to realize autonomous navigation of marine vessels in the ocean. This study addresses with the path-following control for a ship in which there are environmental disturbances in the directions of the surge, sway, and yaw motions. The guiding principle and back-stepping method was utilized to solve the ship's tracking problem on the reference path generated by a virtual ship. For path-following control, error dynamics is one of the most important skills, and it extends to the research fields of automatic collision avoidance and automatic berthing control. The algorithms for the guiding principles and error variables have been verified by numerical simulation. As a result, most error variables converged to zero values with the controller except for the yaw angle error. One of the most interesting results is that the tracking errors of path-following control between two ships are smaller than the existing safe passing distances considering interaction forces from near passing ships. Moreover, a trade-off between tracking performance and the ship's safety should be considered for determining the proper control parameters to prevent the destructive failure of actuators such as propellers, fins, and rudders during the path-following of marine vessels.

• Knowledge Management Research
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• v.21 no.4
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• pp.59-88
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• 2020

This study is to examine the influence of Asian countries on the economic field, and to explain the characteristics and purposes of China's Belt and Road Initiative using data analysis. The purpose of this study is to identify and analyze the influence and characteristics of China's One-to-One Road Initiative on the economic sector by examining trade and investment in Asian countries adjacent to China. In particular, the One-to-One Road initiative is proceeding in a way that connects China and neighboring countries. It is to understand the dependence of the Asian countries in China on the Chinese economy. In addition, it is intended to derive implications by grasping and evaluating what the level is based on data. This study also attempts to grasp the influence and ripple effects of the one-on-one strategy on the Chinese economy and the North Korean economy, where dependence is deepening. Recently, the strategy for Asian countries through a one-to-one initiative in China has been restructured in the framework of the construction of the "21st century Maritime Silk Road" and emphasizes the cooperation mechanism led by the country. In progress of the one Belt and One Road, Chinese ICT companies are remarkable. This study looked at the influence of China's digital one Belt and One Road on Asian countries.

• Journal of Korea Port Economic Association
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• v.37 no.3
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• pp.55-74
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• 2021

The role of container ports contributes greatly to international trade and national or regional economic development by supporting maritime transportation and occupies a central position in the supply chain connecting sea and land. The performance(traffic volume) of a port generally depends on geographic, economic, and operational factors etc. For the past several decades, container port volumes have grown with fluctuation. This study amis to analyze how global ports have undergone changes in terms of cargo volume by region, size and period. For the analysis, only the volumes of global top 100 ports were used. Shift-share analysis and BCG matrix analysis were employed as methodologies. According to the result of the analysis, the relative volatility of port traffic over the past 16 years as a whole was found to be limited. On the other hand, ports in China and Southeast and Southwest Asia, which are economically growing for the last decades, showed growing trends, while ports in Northeast Asia and Europe appeared to be in a stagnant or declining phase. It also shows that most of the global ports maintain limited changes in cargo volume because they are already positioned as central ports in the region. In addition, it can be seen that the global port volume has a close relationship with the change in the economic capability of the relevant region or country.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.1
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• pp.10-18
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• 2022

With the increase in world trade through ships, the destruction of the marine ecosystem and socioeconomic damage due to invasive alien species (IAS) are continuously increasing. In particular, marine organisms attached on the hull surface and niche area increase the friction resistance of ships as well as the invasion of non-indigenous species, and causes a decrease in operational efficiency and an increase in GHG (Green House Gas) emissions. The International Maritime Organization (IMO) has recently begun revising guidelines for the control and management of ship's biofouling, and New Zealand and California in the United States are already regulating biofouling management under their own laws. This study investigated the management status of the submerged surface of ships and marine organisms attachments on five international ships entering South Korea, and analyzed species group and coverage (%) of biofouling communities to evaluate the LoF (Level of Fouling) rank. Macroflouling was observed on all ships surveyed, and specially, the adhesion of macro organisms in niche areas such as bow thruster, bilge keels and sea-chest gratings appeared to be at a serious level. This study proposed the management direction our country should take with regard to ship's biofouling and the improvement measures for evaluation of LoF rank and inspection methods of hull and niche ares.

• Strategy21
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• s.34
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• pp.128-148
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• 2014

In south Korea, the so-called 'conservative-liberal' rivalry over the assessment of the government's North Korean policies is seen to be impeding the road to right policy choices. For example, the liberals accused former President Lee Myung-bak's hardline policy of provoking Pyongyang and leading to a deterioration of inter-Korean relations, while the conservatives appreciated it for helping nurture mutually beneficial inter-Korean relations in the longer term by compelling North Korea to observe international norms. However, such debate over the vices and virtues of Seoul's North Korea policies is hardly meaningful as the measuring sticks used by the liberals and the conservatives are entirely different matters. The two major goals South Korea must pursue with its North Korean policies should be 'peaceful management of division' and 'change in North Korea'. The former is related to maintaining stability within South Korea and promoting co-prosperity with North Korea. For this, the nation needs to engage, encompass and assist the Pyongyang regime. The second goal is also necessary since South Korea, as a divided nation, must seek a unified Korea under the system of democracy and market economies by bringing change in North Korea. For this, South Korea needs powerful leverages with which it can persuade and coerce the North. This means that the nation is destined to simultaneously chase the above-mentioned two goals, while also both recognizing and negating the legitimacy of the North Korean regime. This situation necessitates Seoul to apply flexibility in reconciling with Pyongyang while applying firm principles to sever the vicious circle involving the North's military provocations. The May 25 Measures, which banned trade and economic cooperation with the North except those related to humanitarian assistance, were taken as sanctions against Pyongyang for sinking the South Korean corvette Chonan in March 2010. The Measures were taken by the Seoul government immediately after a multinational investigation team discovered evidence confirming that the South Korean naval ship had been torpedoed by a midget North Korean submarine. Naturally, the May 24 Measures have since then become a major stumbling block in inter-Korean exchange, prompting opposition politicians and concerned entrepreneurs to demand Seoul to unilaterally lift the Measures. Given the significant damages the Measures have inflicted on inter-Korean economic relations, removing them remains as homework for both Koreas. However, the Measures pertains to the 'principles on national security' the Seoul government must adhere to under all circumstances. This is why North Korea's apology and promises not to repeat similar provocations must come first. For now, South Korea has no alternative but to let North Korea solve the problems it has created. South Korea's role is to help the North do so.

• Journal of Environmental Impact Assessment
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• v.33 no.3
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• pp.116-130
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• 2024

Historically, humans settled in waterside areas that provided abundant resources and water resources. Afterwards, as industrialization progressed, the city's waterfront contributed to the development of the city through water resources, transportation, and maritime trade. In response to changes in industrial structure, over the past few decades, the city's waterfront has transitioned from an industrial and port-oriented function to a public space function. And from the perspective of urban regeneration, research and design on sustainable waterfront space development are being promoted around the world. However, areas near waterfronts are geographically vulnerable to the direct impact of natural disasters caused by climate change, such as sea levelrise and floods. Therefore, it is essential to establish a systematic management plan to ensure the safety of citizens and publicness. Since the 1990s, New York City in the United States has been establishing a city-level waterfront space management plan to ensure the public nature, safety, and equity of waterfront spaces. On the other hand, in South Korea, there is a lack of research on city-level waterfront management plans. Accordingly, this study sought to find implications and policy improvement measures for domestic waterfront space planning by examining the development process and major policies of New York City's waterfront comprehensive plan.