• East Asian Journal of Business Economics (EAJBE)
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• v.11 no.4
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• pp.29-39
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• 2023

Purpose - Disputes arising from documentary letter of credit transactions are not decreasing. According to a statistical data from the ICC, 60-70% of letters of credit in use around the world, so, Incoterms rule specifically defines the bill of lading review procedure. Research design, data, and methodology - The refusal due to large or small inconsistencies in terms and conditions when first presenting documents with bill of lading. First of all, confusion was caused by the ambiguous regulation as the bill of lading is a document that serves as evidence of the transportation contract. Result - Bill of lading indicates the rights to the cargo as well as a bill of lading, which is evidence of a transportation contract concluded between carriers, is a document that allows a carrier to receive or ship cargo and ship it by sea. It is a security that promises to be delivered through transportation to the rightful holder of the bill of lading. Conclusion - Because of its importance, the Uniform customs practices for Letters of Credit stipulate acceptance requirements for transport documents, including bills of lading. In addition, the International Standard Banking Practices (ISBP) established by the International Chamber of Commerce also provide supplementary provisions.

• Korea Trade Review
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• v.48 no.4
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• pp.149-168
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• 2023

Through an examination and analysis of straight bills of lading and sea waybills in the context of English, U.S.A and Korean law, and relevant international conventions on maritime transport, the following results were obtained: Prior to the enactment of U.K.'s the Carriage of Goods by Sea Act in 1992, straight bills of lading had functional differences between countries. However, after the enactment of this law, negotiable bills of lading obtained the same legal status and functionality in both Korea and the United States, as well as in the UK. As for sea waybills, all three countries treated them with the same contractual and legal status. In other words, they serve as receipts for the transported goods and act as evidence of the maritime transportation contract. Nevertheless, they are non-negotiable, and the delivery of goods can be made to the consignee or their agent based on their identity. However, the transfer of ownership rights over the goods or acquisition of legal rights against the carrier cannot be achieved through the transfer or endorsement of Sea Waybills.

• International Commerce and Information Review
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• v.15 no.2
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• pp.261-283
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• 2013

ISBP745 has new provisions about sea waybill, road, rail or inland waterway transport documents which ISBP681 did not have provisions about. The main revisions of ISBP745 which were not existent or different from ICC Opinion are as follows: First, where B/L is required when multimodal transport is used as a modes of transport, the revisions stipulates that it is subject to UCP600 article19. this differs from previous ICC Opinion. Second, when a credit requires a transport document to indicate the name, address and contact details of a delivery agent, for the place of final destination or port of discharge, the address need not be one that is located at the place of destination or port of discharge or within the same country as that of the place of destination or port of discharge. Third, in case there exist a number of shippers and a consignee, multiple transport documents are issued. This rule has a clear stipulation on this case. Transport industry regards the indication of "LCL/FCL" or "CFS/CY" common in this case as that requiring multiple transport documents. However, ISBP745 does not regard it the case as that requiring multiple transport documents. This may cause some confusion in examination of documents. Forth, when partial shipment is allowed, and more than one set of original transport documents are presented as part of a single presentation made under one covering schedule and incorporate different dates of shipment, the earliest of these dates is to be used of the calculation of an presentation period.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.6
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• pp.11-51
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• 1993

This study is focused on the problems and the suggestions of proper ideas for solving them which are arisen from appling CIF, Incoterms 1990 into the contract of sale after reviewing of the contents of traditional CIF contract and the main changes of CIF, Incoterms 1990. This study summerized as follows: First, when the seller provide the buyer with non-negotiable sea waybill or inland waterway document instead of negotiable bill of lading, it is my feeling that the essence of symbolic delivery in traditional CIF contract is fading. And if the buyer has paid for the goods in advance, or a bank wishes to use the goods as security for a loan extended to the buyer, it is not sufficient that the buyer or the bank be named as consignee in a non-negotiable document. This is true because the seller by new instractions to the carrier could replace the named consignee with someone else. To protect the buyer or the bank it is therefore necessary that the original instructions from the seller to the carrier to deliver the goods to the named consignee be irrevocable. Second, CIF term can only be used for sea and inland waterway transport. When the ship's rail serves no practical purposes such as in the case of roll-on/roll-off or container traffic, CIP term instead of CIF term is more appropriate to use. Third, the EDI method still contains many legal and technical problems to be solved in order to be used thoroughly' in the international sale of goods. Therefore, the parties wishing to replace the traditional paper-based trade documents by electronic messages must exchange the agreement on EDI each other in order to prevent and sol ye unexpected problems. Forth, it may be that the goods are to be carried in bulk without such marking or naming of consignee as would amount to appropriation. Then the risk will not pass until effective appropriation has been made. Therefore, the seller needs to appropriate by issuing of separate bills of lading or delivery orders for parts of the bulk cargo. And in case the goods are bought while they are carried at sea, some problems on the passing of risk would arise. One possibility is that the buyer might have to assume risks which have already occured at the time when the contract of sale is entered into force. The other possibility would be to let the pissing of the risk concide with the time when the contract of sale is concluded. The parties are advised to ascertain the applicable law and any solution which might follow there form. Finally, Incoterms are restricted to deal with the main principles for the division of functions, costs and risks between the parties and the rest is left to their individual contract as supplemented by the custom of the trade, the individual terms of the contract of sale and the applicable law. Thus, the parties are advised to ascertain the applicable law on their individual contract of sale in order to solve the problems on the transfer of property, the remedy and so on.

• International Commerce and Information Review
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• v.1 no.1
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• pp.131-156
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• 1999

최근의 통상환경중 "Logistics" 혁명을 통한 컨테이너 운송의 신속화, 인터넷혁명을 통한 전자상거래 활성화는 EDI, EC등을 통해 "Paperless trade"가 실현을 앞당기고 있다. 본 논고는 이러한 물류혁명과 인터넷 정보기술의 발달로 대두되는 문제중 기존의 종이서류로서의 운송서류를 전자식 운송서류로 대체하는데 따른 문제점과 이의 활성화 방안에 대해서 살펴보고자 한다. 인터넷 전자거래가 활성화되어지면 기존의 종이서류들은 전자메시지로 대체될 것으로 여겨진다. 이에 따라 전자계약서, 전자송장, 전자보험증권, 전자선하증권 등이 출현할 것이지만 이중 무엇보다도 전자식 운송서류중 유통성 운송서류의 전자화는 그간 전자화의 핵심부문으로 여겨서 상당한 중요성을 두어왔다. 현재 이용되는 유통성 운송서류는 그간 선하증권의 지연도착문제와 이에 따른 추가 경비의 소요, 또한 선하증권 발급에 따른 부대경비의 과다소비, 종이서류로서의 선하증권의 위조에 따른 사기문제 등에 제기되어 졌고 이에 따라 선취화물보상장 등의 현실적 대안이 제시되었지만 이 또한 여러 문제점을 야기시켜왔다. 전자식 운송서류는 이러한 문제점을 다소 해소할 수 있는 방안으로 알려져 왔다. 전자거래가 활성활 될 미래에는 운송서류의 전자화는 필연적으로 대두되게 될 것이고, 이러한 전자화에 있어 해상운송장의 사용은 바람직한 모델로 여겨지고 있다. 그렇지만 전매가 잦은 산업에 있어 해상운송장은 자체의 유통성의 미비로 인해 그 사용에 문제점이 있고, 실제 상관행에서 많은 이점을 가진 선하증권의 발행 욕구를 충족시켜 줄 수 있어야 할 것이다. 본 논고에서는 전자식 운송서류의 활성화 방안으로 첫째, 전자식 운송서류에 관한 법률정비가 필요할 것으로 여겨지며 둘째, 유통성 전자식 운송서류에 있어 관리기관의 안정성이 확보되어야 할 것으로 여겨지며 셋째, UCP에서 전자식 운송서류에 관한 조항이 삽입되어져야 할것으로 여겨지며 넷째, 여러 측면에서 우위성을 지닌 전자무역거래의 활성화는 점차적으로 운송서류의 전자화를 활성화시키는데 반드시 필요한 명제로 등장할 것으로 여겨진다.