• 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.

• Ocean and Polar Research
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• v.44 no.2
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• pp.147-160
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• 2022

SRFC (Sub-Regional Fisheries Commission) requested to the ITLOS (International Tribunal for the Law of the Sea) an advisory opinion relating to the IUU (Illegl, Unreported, and Unregulated) fishing (Case No-21 of the ITLOS). Since, in the UNCLOS, there is no article authorizing the jurisdiction of the ITLOS full court's Advisory opinion, so various scholarly opinion wad divided. But ITLOS delivered its Advisory opinion confirming its jurisdictional competence over the Advisory proceedings with its legal opinion about the IUU issues. It opens new possibility of the alternative dispute settlement mechanism of the ITLOS through the advisory procedures. In reality, there has been a view that ICJ (International Court of Justice) could take the part of a kind of dispute settlement through its Advisory procedures. But the advisory procedures of the ITLOS, with no definite clause in UNCLOS about the advisory procedures, which provides more allowances for the function of advisory opinion as the alternative dispute settlement mechanism. ITLOS accepted the requests of the advisory opinion by the State parties through international organization or themselves directly. And the advisory opinion of the ITLOS aims the interpretation and application into the special issues-specially IUU fishing in Case No. 21 of the ITLOS-. Those factors could enable more enhanced role of the ITLOS as an alternative dispute settlement mechanism. But those possibility has contain risk of excessive and unlimited advisory role of the ITLOS. So it is important to focus on the restriction on the role of the State parties in the request of the advisory opinion to the ITLOS. In this regard it is meaningful that the ITLOS has suggested a kind of legal standing in the advisory procedures in that only coastal States could request the Advisory opinion about the IUU in their EEZ. Furthermore the discretionary power of the ITLOS in the Article 138 of the Rules of the Tribunal could curtail the abuse of the Advisory opinion initiated by the States parties of the UNCLOS. Under this framework, Advisory opinion could broaden more alternative option to the disputes between State parties of the UNCLOS in that after being delivered detailed interpretation of the UNCLOS about the specific issues, States parties could devote themselves to searching for flexible solution for the disputes between State parties. It could obtain legal explanation about the dispute under the Article 297 and Article 298 by detouring the jurisdiction limits through advisory procedures.

• Ocean Systems Engineering
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• v.10 no.2
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• pp.131-161
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• 2020

The objective of this study was to evaluate the downtime cost of side-by-side offloading operations in Malaysian waters. With the help of a numerical time domain tool, the structure and cable response of moored FPSO vessel was simulated for heading and beam sea-states under irregular waves. The weather downtime was assessed by comparing the response under operational wave condition with the pre defined industrial safe offloading criteria. Additionally, two cases of cable failure were simulated for each sea-state. The novel study on downtime cost was presented for three different location of Malaysia subcontinent for which the location specific wave scatter diagram facilitated to estimate the probability of occurrence of operational wave condition. It was concluded that an unpredictable increment in wave height by 0.5 m can significantly impact the production cost.

• Journal of the Korean Institute of Navigation
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• v.9 no.1
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• pp.83-93
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• 1985

Sea casulties involving tankers, compared with those incurred by other type of vessels, have become particularly threatening to port State in terms of environmental as well as property damages. As a result, most of developed countries including the U.S.A. and Japan have shown a strong interest in implementing the policy of the Port State Control more rigorously in an attempt to protect themselves from irreparable damages caused by sea casualties involving large vessels. In this paper, the problems associated with the implementation of the Port State Control are analysed and then following recommendations and suggestions are made: ⅰ) The flag nation is urged to improve the quality of personnel associated with the operation of a ship. ⅱ) A closer cooperation between developing nations operating vessels and developed nations adopting the Port State Control is required for a successful implementation of this policy. ⅲ) Port states are advised to give a special attention to vessels carrying hazardous cargoes.

• 제어로봇시스템학회:학술대회논문집
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• 1996.10b
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• pp.867-870
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• 1996

Often an INS has to be aligned in navigation. In these cases it is necessary to obtain some reference information on the state of the aligned INS(Slave) such as its position, its velocity of its angular rate. Usually the reference information is velocity which is supplied by another reference INS. In the alignment state the velocity computed by the reference INS(Master) is compared with that computed by the slave INS and the difference which is indicative of the slave misalignment with respect to the master, is processed by a Kalman filter which estimates misalignment as well as the slave gyro and accelerometer error states. The operation of aligning a slave INS with a master INS comparing quantities computed by both INS is known as transfer alignment. The delivery vehicle performs error these maneuvers enable the TA Kalman filter to separate between the tilt errors and the accelerometer biases which otherwise are unobservable. The basic objective this paper is to study the observability enhancement by ship's maneuvering and matching methods during transfer alignment at sea.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2000.06a
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• pp.93-105
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• 2000

This paper describes prototype Virtual Reality Ship Simulator (VRSS) that we have recently developed next-generation training equipment based on the virtual reality (VR) technology. The inherent defects of conventional ship simulators are enormous costs and difficult system upgrade due to the system construction, such as large mock-up bridge system, wide visual presentations, In this paper, to cope with those problems, we explored VR technology that can give realistic environments in a virtual world. Then we constructed prototype VRSS system, which is, consists of PC-based human sensors, and Databases set having 3D object models and coefficients of Head Related Transfer Functions (HRTFs). 3D-WEBMASTER authoring tool was used as Virtual Reality Modeling Language (VRML). Using the VRSS system, we constructed Port an Passage Simulator for the harbor of INCHON in Korea, and Ship and Sea State Simulator for an arbitrary given sea environmental states by user. Through many simulation tests, we testified the efficiency of developed prototype VRSS by subject assessment with five participants. Then, we present results on the simulation experiments and conclude with discussion of evaluation results.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.37
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• pp.217-250
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• 2008

The International Ship and Port Facility Security (ISPS) Code which was developed as the main response of the shipping sector to the miserable event of 11 September 2001 came into effect on 1 July 2004. The ISPS Code designed to detect and eliminate security threats affecting ships and port facilities used in international trade will significantly impact not only on the management and operation of the shipping industry but also on maritime law despite the fact that it is the regulatory framework of public law. It is expected that implementing the ISPS Code will contribute to reinforcement of maritime security on the one hand. However, on the other hand, more intensified security inspection and control measures of port states will also cause delay and additional costs which cause uncertainty in allocating security risk and cost between the contracting parties. Therefore, it is desire to insert new security clause dealing with main security issues or adapt existing clauses to new shipping environments to minimize disputes.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2018.10a
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• pp.258-259
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• 2018

The United States has deployed and operates a ballistic missile defense system to defend the homeland from ballistic missile attacks launched from direct and potential threats. The Missile Defense Agency has deployed the Aegis BMDs, Sea-based X-band radars(SBX), Ground-Based Interceptors(GBI), Early Warning Radars and THAADs. In addition, the Homeland Defense Radar-Hawaii(HDR-H) will be deployed in Hawaii. The HDR-H is expected to improve defensive ability to ballistic missile threats in the Asia-Pacific region.

• Journal of the Society of Naval Architects of Korea
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• v.40 no.3
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• pp.16-21
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• 2003

Seakeeping performance of container ships is investigated in view of increase of their size in terms of TEU. Recent appearance of post Panamax class containers resulted in increase of GM, so increase of possibility of resonant motion in waves is expected accordingly. Ship motions of various classes of TEU containers were calculated for various sea states and heading angles in order to assess seakeeping characteristics according to increase of size of the ships. It was found that roll motion of post Panamax containers increase due to resonance as sea state becomes rougher. The possibility of controlling roll motion by changing main particulars such as L, B, and T is investigated as well.

• The Journal of Fisheries Business Administration
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• v.24 no.1
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• pp.45-64
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• 1993

The law of territorial sea is a fundamental law by which the width of sovereign domain of a coastal state is determined. The P.R.China'a regime on the territorial sea was established through the Declaration on China's Ttrritorial Sea of 1958 and the P.R.China's Territorial Sea and Contiguous Zone Law of 1992. And the P.R.China's consistent policy on the territorial sea can be summarized as follows ; \circled1 The adoption of the straight baseline and 12 nautical miles of the territorial sea width, \circled2 The foreign merchant vessels can enjoy the right of innocent passage, while requesting for prior permission for the foreign military vessels on the entry into territorial sea. \circled3 The Chiungchow Strait and the Bohai Bay are claimed as the internal waters. \circled4 Enlistment of the whole coastal islands including the Taiwan. 12 nautical miles of the territorial sea width can be recognized as lawfull with respect to the 1982 UNLOS Convention. But the P.R.China's Territorial Sea and Contiguous Zone Law of 1992 contains some problems on the legality viewed in the light of customary international law. Firstly, it can be said that the adoption of simple straight baseline is not reasonable, and it must be investigated closely on the hidden intention of China. Secondly, there involved some possibility of international dispute on making Tung Tao which is 69 nautical miles apart from the mainland of a basepoint and on making the Bohai Bay of a historic bay. And also public notification of all basepoints for the straight baselines is necessary to meet the requirement of customary international law, Thirdly, two military zones established unilaterally in 1950 are illegal with respect to the customary international law, and they must be repealed deservedly. Fourthly, there have a lot of restrictions on the innocent passage even for foreign merchant vessels by the municipal law such as the Maritime Traffic Safety Law. As a conclusion, the P.R.China's territorial sea regime contains some illegal elements such as unilateral expansion of the maritime sovereignty or jurisdiction. In order to meet the general principle of the international law, the P.R.China's territorial sea policy must be modified on the basis of multilateral agreement with the states concerned. And Korea, as a state with opposite, has a definite right to take countermeasure agaist the P.R.China's contiguous zone.