• Title/Summary/Keyword: Maritime convention

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A Study on the Standardization of Education Modules for ARPA/Radar Simulation (ARPA/레이더 시뮬레이션 교육 모듈의 표준화 연구)

  • Park, Young-Soo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.22 no.6
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    • pp.631-638
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    • 2016
  • A mariner cadet gains the ability to identify and avoid potential collisions with other ships through ARPA/Radar simulation education. This research surveyed first domestic and overseas's rules (e.g., MOMAF's Standard, the STCW Convention, etc.) of the simulation education, upon investigation the only content and timing of this simulation-based education are specified according to these rules, and maritime education institutions issue the related certification autonomously after a student has taken the simulation because no simulation education module exists to further guide the ARPA/Radar simulation. As a result, it is difficult for students to acquire consistent maritime ability through ARPA/Radar simulation. This paper discusses standardization of these education modules to produce more consistent mariner ability, and verify the degree of improvement of education that would be achieved by enacting the proposed education module. The simulation education system used in maritime institutions in Korea was investigated, and scenarios reflecting traffic flow in actual waterways was proposed based on marine traffic surveys so teaching modules can educate/assess more effectively based on core marine abilities. Improvements in education and training were also verified using data collected over 2 years based on a standardized module. Each education institution can enact an effective, systematic education approach using standardized ARPA/Radar education modules proposed in this paper, and this can set a foundation to contribute to safer vessel navigation by improving maritime abilities.

A Study on Installation of Maritime Passenger Service Environment for the Disabled Persons (장애인을 위한 해상교통환경 구축 방안에 관한 연구)

  • Kim, Sungkuk;Han, Won-Heui;Yang, Hyungseon
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.24 no.4
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    • pp.389-397
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    • 2018
  • Modern countries have almost ratified the UN Convention on the rights of persons with disabilities and are creating environments to prevent discrimination against these individuals. In 1996, the International Maritime Organization presented a recommendation for the design and operation of passenger ships to respond to elderly and disabled persons' needs. In Korea, an act on the promotion of transportation convenience for mobility disadvantaged persons has been implemented, and facilities for the disabled have been rapidly installed in ships, vehicles, aircraft, railways and passenger terminals. However, the maritime transport environment is less concerned about disabled persons than safety. In this study, basic research was conducted to improve the maritime transport environment for disabled people in Korea through a field survey and literature survey. As a result, it was found that relevant laws and regulations have not been properly applied to excursion ships and ferries as well as small-scale ports, which are responsible for a large part of coastal passenger transportation. In addition to low installation rates of facilities for the transportation of persons with disabilities in ships and terminals, loose equipment was also considered. Therefore, it is necessary to protect the human rights of persons with disabilities, which are universal values of humanity, by complementing laws and introducing improved facilities.

The Character and Negotiability of Air Waybill (항공화물운송상(航空貨物運送狀)의 성질(性質)과 유통성(流通性))

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.4
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    • pp.65-85
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    • 1992
  • The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", it shall be signed by the consignor and by the carrier and shall accompany the goods. The third part shall be signed by the carrier and handed by him to the consignor, after the goods have been accepted. According to the original Warsow Convention article 8, the air waybill must contain 17 particulars or items. However, the Hague Protocol reduced to three the number of particulars required to appear on the air waybill. Only one item is obligatory, namely, the notice that the carriage is subject to the rules of the Warsaw Convention. The absence of the air waybill entails unlimited liability of the carrier because it deprives him of the right to avail himself of the provisions of the Warsaw Convention which exclude or limit his liability. The consignor shall be liable for all damages suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the particulars and statements in the air waybill. Although the contract of the carriage of goods by air is not a formal contract, the document of carriage is issued. The issue of air wayhill is not essential for the existence or validity of the contract, but serves merely as a means of proof. The Hague Protocol has lessened the consequences of the carrier's neglect to faithfully accomplish the required formalities. Henceforth, these formalities no longer constitute legal obligations. The air waybill is the consignment note used for the carriage of goods by air. It is often called an air consignment note and is not a document of title or transferable/negotiable instrument. It is basically a receipt for the goods for despatch and is prima facie evidence of the conditions of carriage. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or cosignee of his rights under the contract of carriage. Oveall, it is an usage that under a documentary letter of credit, the consignee on the air waybill is the opening bank of the letter of credit, and the notify party is the importer who applied for the letter of credit. In Korea there is an usage as to process of cargo delivery in air transportation as follows: The carrier carries the cargo into the bonded area of the airport and gives both the notice of arrival of the cargo and the consignee's air waybill to the notify party who is the importer. Then the notify party obtains the Letter of Guarantee from the opening bank in exchange for reimbursing the amount of the letter of credit or tendering the security therefor to the opening bank. The notify party then presents this document to the customs authorities for the process of customs clearance. The opening bank becomes a consignee only to ensure repayment of the funds it has expended, and the only interest of the opening bank as consignee is the reimbursement of the money paid to the exporter under the documentary letter of credit. Just as the bill of lading in maritime law, the air waybill has always been considered negotiable although the Warsaw Convention does not emphasize this aspect of negotiability. However, the Hague Protocol article 4 corrected the situation by stating that "nothing in this Convention prevents the issue of a negotiable air waybill." This provision officially recognizes that the air waybill must meet the needs of the present day business circles by being a negotiable instrument. Meanwhile, Montreal Additional Protocol no. 4 has brought important changes. Registration by computer is acceptable and the parties to the contract of carriage are allowed to replace the air waybill with a receipt for the goods. In conclusion, as the Warsaw Convention has not details of provisions relating to the issuing of the negotiable air waybill, it is hoped that there should be supplement to the Warsaw Convention and establishment of international commercial usage with regard to the negotiable air waybill.

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A Leg Analysis on the Discharge of Cargo Residue at Sea (화물잔류물의 해양 투입처분(배출) 사안에 대한 법률적 분석)

  • Hong, Gi-Hoon;Park, Chan-Ho
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.9 no.4
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    • pp.193-202
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    • 2006
  • The Consultative Meeting of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other matter, 1972 (London Convention 1972) has requested to International Maritime Organization (IMO) Marine Environmental Protection Committee to collaborate and help clarify a boundary issue between International Convention for the Prevention of Pollution from Shops, 1973 as modified by the Protocol of 1978 (MARPOL) and the London Convention concerning 'dumping' versus 'discharges' during normal operations of ships in 2004, and subsequently established a Joint London Convention/MEPC Correspondence Group. The Contracting Parties to London Convention expressed their environmental concerns on the broad interpretation of the "cargo-associated wastes" by the States, which could be discharged by ships under MARPOL. Regulatory regimes for the cargo residues appear to vary among states. Some countries require fur ships to discharge their cargo wastes into the port reception facility and IMO also recommends doing so. This paper examines the related current national and international legal texts for the regulation of disposal of wastes from ships in order to analyze the current global concern on the marine pollution associated with waste discharge during operations of ships. In particular, we attempt to evaluate the likely marine environmental consequences arising from the disposal of cargo residue using an hypothetical case for the coal cargo residue among bulk cargos in this paper, since location, magnitude and frequency of the discharge of coal cargo residues into the sea adjacent to Korean Peninsula are not readily available. The cargo residues may be discharged to the sea according to MARPOL 73/78; however, its marine environmental consequences can be significant depending upon the characteristics and amounts of wastes to be discharged. Also the public tolerance of the environmental consequences would be widely different among nations. Multilateral environmental agreements, in general, more strictly apply their rules if there are other options to disposal at sea, i.e. port reception facility in this case. Therefore, port reception facilities for the wastes generated by ships are recommended to be further constructed in major national ports in order to reduce the risk of environmental damages during the operations of ships.

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Empirical Analysis on Economic Factors of Infringement on Ocean Sovereignty from Chinese fishing boats (중국어선 해양주권 침해의 경제적 요인에 관한 실증적 연구)

  • Oh, Sang-Jin;Choi, Kyoung-Hoon;Park, Gyei-Kark
    • Journal of Korea Port Economic Association
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    • v.33 no.3
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    • pp.69-90
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    • 2017
  • Areas of marine activity have expanded into exclusive economic zones and the continental shelf since the United Nations Convention on the Law of the Sea(UNCLOS) in 1994, The signatory countries have been enforcing their maritime rights and competition in the international community has become intensified. Marine-related issues, including maritime sovereignty, has become an increasingly important issue with many national security and related studies following this trend. However, while there are many policy-related studies there remain few empirical studies. This paper conducted a study of illegal cases of Chinese fishing boats which are quite frequently for an empirical study on maritime sovereignty. This study conducted empirical analysis regarding factors relating to ocean sovereignty infringement by using correlation and multiple regression analysis. The result of observed increases in illegal Chinese fishing boats decreased the production of aquatic products, whish resulted in economic fishery losses to Korea households and inflation in the Korean economy.

The Controversy Surrounding the Use of Underwater Drones and the Position of Korea (수중드론 운용에 관한 국제법적 논란과 대한민국의 전략)

  • Lee, Ki-Beom
    • Strategy21
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    • s.41
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    • pp.153-173
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    • 2017
  • On 15 December 2015, China seized an underwater drone belonging to the U.S. in the South China Sea. The underwater drone was then about to be retrieved by the Bowditch, a U.S. naval ship.Although China returned the underwater drone to the U.S. on 20 December 2016, the incident resulted in the considerable controversy involving the use of underwater drones. The reason for this is that the seizure of the underwater drone happened in the exclusive economic zone (hereafter referred to as "EEZ") of the Philippines. Part XIII of the United Nations Convention on the Law of the Sea (hereafter referred to as "UNCLOS") governs the matters of marine scientific research (hereafter referred to as "MSR"). If a State intends to use an underwater drone in the EEZ of another coastal State for the purpose of MSR, the former has to obtain the consent of the latter in accordance with relevant provisions included in Part XIII of the UNCLOS. However, it is not obvious whether the consent of a coastal State should be required to launch an underwater drone in the EEZ of the State for the purpose of hydrographic surveying or military surveying. Maritime powers such as the U.S. regard hydrographic surveying or military surveying as part of "other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines" found in Article 58(1) of the UNCLOS, or part of the freedom of the high seas. This interpretation is not incompatible with the implications that the UNCLOS has. Nevertheless, Korea cannot accept this kind of interpretation that is supported by maritime powers. The freedom of hydrographic surveying or military surveying could imply that the EEZ of Korea would be full of underwater drones launched by China, Japan or even Russia. Hence, Korea should claim that the data collected for the purpose of MSR cannot be distinguished from that collected for the purpose of hydrographic surveying or military surveying. This means that hydrographic surveying or military surveying without the consent of a coastal State in the EEZ of the State should not be permitted.

Analyzing Effects on the ARPA & RADAR Training By Ship Handling Simulation (선박 조종 시뮬레이션을 이용한 알파 레이더교육에 대한 효과 분석)

  • Shin, Daewoon;Park, Youngsoo;Kim, Sanghwan
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2015.10a
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    • pp.95-97
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    • 2015
  • Automatic Collision Prevention Training and RADAR Simulation Training, designated educations by the STCW Convention, are essential for officers to complete in order to board a ship. Recently, designated education institution standard based curriculum and requirements of the necessary facilities have been placed as a regulatory advisory requiring each institutions to match this and introduce equipment for simulation education, the FMSS(Full Mission Simulator System). Since the introduction of this research until today, a survey has been executed in order to find out the effect of utilizing the FMSS in ARPA/RADRA/Simulation Training for a period of 1 year. The result showed that 2.13times have been more effective. In addition, based on the results, identifying problems that occur during the education period and providing solutions to these problems have been proposed.

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A study on the Estimation of $CO_2$ Emission in Container Port by using Container O/D Analysis (컨테이너 O/D 분식에 따른 $CO_2$ 배출량 추정)

  • Kim, Hwan-Seong;Jo, Min-Ji;Choi, Se-Kyung
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2009.06a
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    • pp.194-195
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    • 2009
  • According to the issue "global warming", many regulations and agreements with countries in the world are becoming set and it is being fulfill now. Under the progress of Post Kyoto Protocol agreement, It will be sure that Korea rave a duty to reduce $CO_2$ emission from 2013. For them, Korea have to make a strategies about the Climatic Change Convention for all industries. Recently, a great attention about $CO_2$ emission in the world is focused on port, shipping line and airline. Most countries are establishing policies to prevent environment from these industry fields, but Korea has not yet made for them. Thus, Korea need to collect $CO_2$ emission data not only the routes of container from port but also activities in the port. In this paper, an estimation of $CO_2$ emission under the route of container transportation at Korea by using O/D analysis will be addressed. And then, it will be used to make a optimal routes of container transportation which can reduce $CO_2$ emission in future.

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A Study on the Verification Method of Ships' Fuel Oil Consumption by using AIS

  • Yang, Jinyoung
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.25 no.3
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    • pp.269-277
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    • 2019
  • Since 2020, according to the International Convention for the Prevention of Pollution from Ships (MARPOL) amended in 2016, each Administration shall transfer the annual fuel consumption of its registered ships of 5,000 gross tonnage and above to the International Maritime Organization (IMO) after verifying them. The Administration needs stacks of materials, which must not be manipulated by ship companies, including the Engine log book and also bears an administrative burden to verify them by May every year. This study considers using the Automatic Identification System (AIS), mandatory navigational equipment, as an objective and efficient tool among several verification methods. Calculating fuel consumption using a ship's speed in AIS information based on the theory of a relationship between ship speed and fuel consumption was reported in several examples of relevant literature. After pre-filtering by excluding AIS records which had speed errors from the raw data of five domestic cargo vessels, fuel consumptions calculated using Excel software were compared to actual bunker consumptions presented by ship companies. The former consumptions ranged from 96 to 123 percent of the actual bunker consumptions. The difference between two consumptions could be narrowed to within 20 percent if the fuel consumptions for boilers were deducted from the actual bunker consumption. Although further study should be carried out for more accurate calculation methods depending on the burning efficiency of the engine, the propulsion efficiency of the ship, displacement and sea conditions, this method of calculating annual fuel consumption according to the difference between two consumptions is considered to be one of the most useful tools to verify bunker consumption.

Successful Implementation Measures of Global On-Board Training Program for Capacity building of International Seafaring Workforce (국제 해기인력 역량강화를 위한 글로벌 승선실습 프로그램의 효율적인 시행방안에 관한 연구)

  • Jee-Hyun Lee;Jinsoo Park
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2022.06a
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    • pp.355-356
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    • 2022
  • The pilot GOBT program was carried out from November 17th - December 17th 2021 at KIMFT; self-isolation for 10 days, Basic Safety Training(BST) for 5 days and 2 weeks of on-board training(OBT) were conducted during the period. Total 20 cadets from 5 different Countries were participated under the financial support of IMO ITCP and Korean ODA program. The program aims to provide capacity-building courses focusing on on-board training and assisting future maritime officers in meeting the minimum standard of seagoing experience in accordance with the STCW Convention. In the meantime, the program itself can serve as a platform to share best practices of how the training including the curriculum can be organized on specialized training vessels. The questionnaire survey was carried out to evaluate the GOBT program, and the overall average score was 96.4 points which seems that the cadets were very satisfied with the Global On-Board Training program provided by KIMFT in 2021.

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