• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.64
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• pp.3-37
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• 2014

The purpose of this paper is to examine thoroughly on passing of risk in contracts for the international sale of goods. Articles 66~70 of the CISG contain provisions on passing of risk. Article 66 states the main effect of passing risk to the buyer. Article 67~69 determine the decisive point in time which the risk passes from the seller to the buyer and article 70 attempts to explain the relation between passing of risk and fundamental breach of contract by the seller. As in the case corresponding Incoterms rules, the main issue to be resolved is which party should bear the economic consequences in the event that the goods are accidentally lost, damages or destroyed. Many cases also apply CISG articles 66~70 to contracts in which parties not agree on the use of trade terms such as CIF, CFR, FOB and FCA in Incoterms[R] 2010 Rule that provide for when the risk passes. In order to minimize disputes that may arise under contract, when drawing up a contracts for the international sale of goods, the specifics of agreement should be clearly stipulated. Consequently, the parties of contracts for the international sale of goods should take adequate measures, and it is required to prepare the contracts clearly as the specific terms to prevent and resolve contractual disputes on passing of risk.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.53
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• pp.31-48
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• 2012

If see CISG's passing of risk and altered regulations first, when sales contract accompanies transport of goods and seller does not have duty to deliver goods at particular place, when deliver to the first carter to send to purchaser according to sales contract risk passes to purchaser, and when there is duty that seller must deliver goods to carter at specification place, when goods are delivered to carter at same place, risk does not pass to purchaser. Second, risk about transporting goods passes to purchaser at signing a contract. But, when there is special assessment, risk passes to purchaser when goods are delivered to carter who publish document that embody contract of carriage. Nevertheless, it is loss if seller did not notify this truth to occasion purchaser who could knew loss or damage of goods or know justly at sales contract conclusion defamation danger seller of be burdensome. Third, seller has responsibility about damage or loss as long as hide in own artificiality or forbearance after risk passes to purchaser. Regulation about risk in Incoterms 2010 was separated into 11 condition, and move time of risk differs in angle condition. It is appeared that the substance handles relatively comprehensively because compare in Incoterms 2010 although it is because it becomes if it examines regulation about deliver and passing of risk of goods setting in CISG relatively concise. Also, segments that can become posibility of analysis controversy exist.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.45
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• pp.3-31
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• 2010

The passing of property in goods affects contractual rights and duties. It is the point on which depend issues as diverse as the seller's entitlement to sue for the price and the incidence of risk of loss of casualty to the goods. The passing of property may also have an incidental effect on the remedies of the parties, including specific performance. But Incoterms do not deal with how the goods should reach the agreed point of delivery. While Incoterms specifically deal with questions of division of risk of loss of or damage to the goods between seller and buyer, they do not deal with property or transfer of title of the goods. Indeed, it was not even possible to agree on uniform rules on these questions in the CISG. Therefore, the parties to a contract of sale should provide for these matters themselves in the contract of sale and closely observe what the applicable law requires for the transfer of ownership to the goods and other property rights.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.75
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• pp.1-28
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• 2017

Article 67 of CISG which provides for the passing of risk of loss of the goods applies to the contract of sale involving carriage of the goods. The risk here is in nature the price risk. Under Article 67(1), if the seller is bound to hand the goods over to a carrier at a particular place, the risk passes to the buyer when the goods are handed over to the carrier at that place; if the seller is not bound to hand them over at a particular place, the risk passes to the buyer when the goods are handed over to the carrier. In these cases, the risk passes even though the seller duly retains documents controlling the disposition of the goods. Article 69 of CISG applies to the contract of sale that does not involve carriage of the goods. Under Article 69(1) which covers the situation that the buyer is bound to take over the goods at the place of business of the seller, the risk passes when the buyer takes over the goods, however if the buyer does not take over the goods in due time, the risk passes at the time when the goods are placed at the buyer's disposal and he commits a breach of contract by failing to take delivery. Under Article 69(2) which covers the situation that the buyer is bound to take over the goods at a place (including his own place of business) other than the place of business of the seller, the risk passes when delivery is due and the buyer is aware of the fact that the goods are placed at his disposal at that place. Under these provisions of CISG, this study suggests what should be the definition of the contract of sale involving carriage of the goods. This study goes further to looks into what should be the concepts of the handing over of the goods by the seller to the carrier, the taking over of the goods by the buyer and the placing the goods at the buyer's disposal by the seller. This study may, we hope, provide a guidance for clearer understanding of the exact time of passing of risk under CISG.

• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.1
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• pp.67-73
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• 2021

The purpose of this study is to obtain a safe area for a passing vessel between anchored vessels by developing a model to predict the collision risk, frequent collisions occur between the anchored vessel and the passing vessel through the anchorage. For this, this study selected the southern anchorage of Busan port, which is the largest harbor in Korea, as the target area and extracted and analyzed VTS (Vessel Traffic Service) data during the period in which anchored vessels were the most waited. The ratio of D/L for each bearing was obtained to determine the safe distance (D) passes based on the length (L) of the passing vessel between anchored vessels. Based on the average domain of the D/L ratio distribution, the percentage of anchored vessels within the scope of the pre-studied ship's domain was analyzed to obtain a domain reflecting the degree of risk of VTSOs. Further research will evaluate and analyze the collision risk of a passing vessel using Domain-watch, the minimum safe distance between anchored vessels, and the safe domain of a passing vessel through anchorage, to develop a model for VTS to manage anchorages more efficiently and safely.

• Journal of Fisheries and Marine Sciences Education
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• v.27 no.3
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• pp.696-705
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• 2015

Approximately 4,000 vessels including sea trial ships per day are passing, entering or departing from Korea coastal waterway. Sea trial ships have erratic navigating patterns such as quick turning, crash stop and do not communicate with other vessels in appropriate time, so sea trial ships are often to expose dangerous situation such as collision in heavy traffic area. To identify the sea trial vessel's risk factors, this paper surveyed marine traffic volumes for 7 days in Korea harbour & coastal waterway, and it analyzed marine accident rate and intended to identify the risk degree of passing vessels. After that, this researched how many sea trial ship's traffic and what is the sea trial risk among sea trial items. We also conducted survey questionnaire and identified risk factors of sea trial ship. So this paper aimed to enhance the safety of korea coastal waterway to prevent sea trial ship's marine accident.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.19 no.4
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• pp.30-44
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• 2020

The application of PPLT is difficult to analyze and judge only from the effects of the delay time. In this study, the application of PPLT was proposed using not only the delay time of PLT and PPLT due to the change in traffic volume and the number of opposite straight lanes but also the traffic volume of passing a left turn and the number of conflict risks as indicators. According to the analysis, the more left-turn traffic than capacity and the less opposite-straight volume, the greater the PPLT effect. On the other hand, if the left-turn traffic is below capacity, the delay time will be reduced partially, but the overall passing left turn volume will not increase, and the conflict risk will increase. In addition, the conflict risk increases in the third lane or higher. Moreover, the difference of passing left-turn volume between PLT and PPLT showed a pattern similar to the delay time difference, and the PPLT coverage was wider than the difference in delay time and was associated more with the conflict risk numbers. Therefore, it would be reasonable to use passing left-turn traffic primarily, consider the delay time below the left-turn capacity, and consider the conflicting risk numbers simultaneously at or above the opposite straight three lanes.

• Journal of Navigation and Port Research
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• v.34 no.6
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• pp.405-415
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• 2010

To assess the possible collision risk between Mokpo Harbour Bridge, which is under construction, and passing vessels, we proposed Real-Time Bridge-Vessel Collision Model (RT-BVCM) in this paper. The mathematical model of RT-BVCM consists of the causation probability by the vessel aberrancy due to navigation environments, the geometric probability by the structural feature of a bridge relative to a ship size and, the failure probability by the ship collision track and the stopping distance which is not to come to a stop before hitting the obstacles. Then, the probabilistic mathematical model represented as risk index with the risk level from 1 to 5. The merit of the proposed model to the collision model proposed by AASHTO (American Association of State Highway and Transportation Officials) is that it can provide enough time to take adequate collision avoiding action. Through the simulation tests to the two kinds of test ships, 3,000 GT and 10,000 GT, it is cleary found that the proposed model can be used as a collision evaluation model to the passing vessel and Mokpo Harbour Bridge.

• Journal of Fisheries and Marine Sciences Education
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• v.28 no.2
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• pp.539-549
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• 2016

This study analyzed ship's passing characteristics in relation with incoming and outgoing routes in Yeosu Gwangyang Port, and examined the risk factors and measures for safety management of marine traffic. The number of passing ships in Yeosu Gwangyang Port was about 60,000 ships annually based on 2014, and the tonnage rose 73% from 447,000 thousand tons in 2005 to 770,000 thousand tons in 2014. Actually, the number of large passing ships was revealed to enormously increase. As a result of marine traffic survey in Yeosu Gwangyang Port for three days in August 2015, daily average passing ships were 408 ships, and 77% of the total passing ships passed between 04:00 and 20:00. The chemical ships and general cargo ships took up the most at 58% of the total incoming and outgoing ships, followed by other work ships at 21%, tankers at 8%, fishing vessels at 7.5% and container ships at 5.5%. Concerning the size of passing ships, ships less than 1,000 tons accounted for 58.6% of the total passing ships. Ships of 1,000-5,000 tons were 20.1%, and those of 5,000-10,000 tons were 6.8%, and more than 10,000 tons were 14.4%. Especially, ships of 500 tons and less using mainly coastal passing routes took up 49% of the total passing ships. As for ship's passage ratio by route, Nakpo sea area where many routes meet accounted for 27.2%, specified area 49%, costal route 8%, specified area's incoming and outgoing sea area around Daedo 4.5%, and Dolsan coastal ara and Kumhodo sea area 8.5%. The number of ships standing by for anchoring in the six designated anchorages was 230 for three days. The standby rate for anchoring was 25% based on the specified area passing ships. In Nakpo sea area, where many routes meet, parallel passing and cross passing between ships occurred the most frequently. In the specified area, many cases, in which incoming and outgoing cargo ships at the starting and ending parts and incoming and outgoing work ships and fishing vessels at the coastal routes cross, took place. Consequently, the following measures are urgently needed: active passing management in the Nakpo sea area, where passing routes are complex, specified areas and costal traffic routes, the elimination of rocks in the route close to Myodo, an effort to improve routes including shallow depth area dredging, and rational safety management for small work ships frequently incoming and outgoing the passing routes of large ships, and fishing vessels operated in the sea areas around those passing routes.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.22 no.50
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• pp.33-44
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• 1999

This paper describes the Autonomous Vehicles (AV) which are operated for their own tasks. There are chances of conflict resolution such as sharing the same path which can lead to the risk of a collision. This research represents some ways of negotiating the conflict resolution by generating cooperative actions. Negotiation while traveling the path is accomplished by using priority and by announcing the start time of the task. When there is a risk of collision, the AV tries to dissolve the situation of conflict resolution by concurrently adjusting mutual speed and by performing the algorithm of passing. If the speed of the AV cannot be adjusted, it measures the distance between the counterpart of the AV and an obstacle along the path. Then it judges either to proceed by passing the counterpart of the AV or to turn back after observing the current circumstances. The performance of the algorithm described above was proven by a simulator.