• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.78
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• pp.1-29
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• 2018

This article demonstrates that both the Warsaw Convention Systemand the Montreal Convention are not designed for multimodal transport, let alone for "Door to Door" transport. The polemic directed against the "Door to Door" application of the Warsaw Convention systemand the Montreal Convention is predominantly driven by the text and the drafting philosophy of the said Contentions that since 1929 support unimodalism-with the rule that "the period of the carriage by air does not expend to any carriage by land, by sea or by inland waterway performed outside an airport" playing a profound role in restricting their multimodal aspirations. The drafters of the Montreal Convention were more adventurous than their predecessors with respect to the boundaries of the Montreal Convention. They amended Art. 18(3) by removing the phrase "whether in an aerodrome or on board an aircraft, or, in the case of landing outside an aerodrome, in any place whatsoever", however, they retained the first sentence of Art. 18(4). The deletion of the airport limitation fromArt. 18(3) creates its own paradox. The carrier can be held liable under the Montreal Convention for the loss or damage to cargo while it is in its charge in a warehouse outside an airport. Yet, damage or loss of the same cargo that occurs during its surface transportation to the aforementioned warehouse and vice versa is not covered by the Montreal Convention fromthe moment the cargo crosses the airport's perimeter. Surely, this result could not have been the intention of its drafters: it certainly does not make any commercial sense. I think that a better solution to the paradox is to apply the "functional interpretation" of the term"airport". This would retain the integrity of the text of the Montreal Convention, make sense of the change in the wording of Art. 18(3), and nevertheless retain the Convention's unimodal philosophy. English courts so far remain loyal to the judgment of the Court of Appeal in Quantum, which constitutes bad news for the supporters of the multimodal scope of the Montreal Convention. According the US cases, any losses occurring during Door to Door transportation under an air waybill which involves a dominant air segment are subject to the international air law conventions. Any domestic rules that might be applicable to the road segment are blatantly overlooked. Undoubtedly, the approach of the US makes commercial. But this policy decision by arguing that the intention of the drafters of the Warsaw Convention was to cover Door to Door transportation is mistaken. Any expansion to multimodal transport would require an amendment to the Montreal Convention, Arts 18 and 38, one that is not in the plans for the foreseeable future. Yet there is no doubt that air carriers and freight forwarders will continue to push hard for such expansion, especially in the USA, where courts are more accommodating.

• Journal of Navigation and Port Research
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• v.36 no.4
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• pp.299-303
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• 2012

"United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea" was passed in July 3, 2008. on September 23, 2009 signing ceremony was held in Rotterdam. The system of maritime performing party is a special system in the transport convention, and constitutes an integral part of the Convention. Maritime performing party system is not the first system which brings in the carrier's independent contractor, but it is the most comprehensive and thorough one. It unified the duty of carrier's independent contractor in the maritime segment, and it is also an important progress in the developing process of international maritime legal system. There are some differences between the maritime performing party and China's current related system, i.e, the port maritime performing party and the intermediate performing party are included in the maritime performing party, and they can enjoy the carrier's exception clause and limitation of liability.

• The Korean Journal of Air & Space Law and Policy
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• v.5
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• pp.119-169
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• 1993

In this article the present writers have surveyed recent cases on Warsaw Convention especially on the cases emerged in the years between 1986 to 1993. The cases before 1986 were discussed already in the book titled "Liability of International Air Carrier," written by Professor Choi, published in Seoul 1986. In this article the writers have reviewed most of the American cases and some cases from the courts of Germany, France and England. Main subjects which were discussed herein were as follows: Liability of air carriers in Warsaw Convention carriage 1. Exclusivity of the Warsaw Convention as a remedy 2. Warsaw Jurisdiction 3. The scope of the Warsaw Convention's definition of "Accident" under Article 17 of the Warsaw Convention (1) Mental anguish (2) Unusual or unexpected events 4. Adequacy of notice of the limitation of liability to passengers for injuries and death 5. Damages recoverable, punitive damages and burden of proof 6. The wilful misconduct exception; definition of wilful misconduct 7. Cargo and passenger baggage 8. Time limitation of actions After examining articles published world-wide, this article compiles and analyses recent cases involving the Warsaw Convention system. As Warsaw System is based on international convention, maintaining uniformity in interpretation is of utmost importance. Therefore, this type of study is essential for resolving air-transportation disputes in Korea. This article examines the current state and recommends the desired course for the Warsaw Convention. The writers hope that this article is helpful to the Korean courts and those in the air-transportation industry in interpreting the Warsaw Convention.

• The Korean Journal of Air & Space Law and Policy
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• v.17
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• pp.9-28
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• 2003

The Warsaw Convention of 1929 and the amendments thereto including the Hague Protocol, Montreal Protocols Nos. 1,2,3 and 4, the Guadalajara Convention and the IATA Intercarrier Agreements, which are the rules (as called "War saw System") have played as a major rule in the international air transportation for more than 70 years, will be replaced by the Montreal Convention of 1999 for its effectiveness on November 4, 2003. While a major portion of the Montreal Convention follows the language of the Warsaw System, the Montreal Convention makes significant changes to the scope and extent of the carrier's liability, expands the jurisdictions where the carrier can be sued, and recognizes the effect of code sharing on air carrier liability. The Montreal Convention heralds the single biggest change in the international aviation since the diplomatic efforts in the mid-1920's which resulted in the enactment of the Warsaw Convention. Until now, the legal liability of almost all the international air carriers has been governed by the Warsaw System. The Montreal Convention incorporates provisions of these instruments to create a single document and to set a uniform regime for carrier liability in international transportation. At the same time the issue of the low liability limits of the Warsaw has been resolved to a more satisfactory level in the Montreal Convention. The Convention has been hailed as consumer friendly and progressive in nature. If this Convention is ratified by Korea, the virtual elimination of the liability limits between the passengers and the airlines will become law by treaty. The airlines in Korea as well as Korean consumers of international air carriage will immensely benefit from the ratification. As opposed to the Warsaw Convention, the Montreal Convention has been described to be the one that is no longer a Convention for airlines, but it would serve the interests of both the consumers and the air carriers.

• The Journal of the Korea Contents Association
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• v.11 no.12
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• pp.431-441
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• 2011

As environment issues arise, environment-friendliness in convention industry has also been discussed. Guidelines are presented by government and convention organization to settle environment-friendly convention. However, these efforts focus on organizers and suppliers, lacking in understanding convention participants. This study tries to approach in perspective of convention participants to get useful information for environment-friendly convention. The research explores how they are aware of environment issues and accept environment-friendly convention attributes according to their cognition of environment. It also examines the relationship between those attributes and intention of participation according to their awareness of environment. The results shows that participants have high awareness about environmental issue and recognized high necessity for set up for specific action plan. They showed highest acceptance of venue followed by activity, transportation, food & beverage, and operation. High awareness group showed higher acceptance of environment-friendly convention attributes than low awareness group. 'Transportation', 'activity', and 'operation' among five attributes were examined to have significant effect on intention of participate environment-friendly convention in both groups.

• Journal of the Korean Society of Marine Environment & Safety
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• v.11 no.2 s.23
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• pp.83-96
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• 2005

As recently, 'International convention for the control and management of ship's ballast water and sediments' was adopted, it is necessary to accept the international convention in Korea The movements of foreign countries for ship's ballast water control and management were investigated, and domestic environment-related laws were reviewed and compared regarding the discharge of industrial wastewater and ship's ballast water. Alternative measures of domestic legislation were suggested for acceptance of the international convention.

• Proceedings of KOSOMES biannual meeting
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• 2005.11a
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• pp.171-184
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• 2005

As recently, ' International convention for the control and management of ship's ballast water and sediments ' was adopted, it is necessary to accept the international convention in Korea. The systems of foreign countries for ship's ballast water control and management were investigated, and domestic environment-related laws were reviewed and compared regarding the discharge of industrial wastewater and ship's ballast water. Alternative measures of domestic legislation were suggested for acceptance of the international convention.

• Journal of Navigation and Port Research
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• v.36 no.9
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• pp.781-786
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• 2012

Based upon the analysis of the former paper, this paper suggest that present problems existing in China's relevant laws and regulations, the difficulties in constructing China's maritime performing party system, the strategy in constructing maritime performing party in China. The writer focused on the strategies of establishing maritime performing party in China, and analyzed the problems which needed to pay attention. Finally, in the writer's view, China does not need to take part in the Convention, and can establish the maritime performing system by amending China Maritime Code.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2007.12a
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• pp.43-45
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• 2007

The International Labour Organization adopted the Maritime Labour Convention, 2006 on 23 February 2006. This convention contains the regulation about social security for seafarers in the Tittle 4. For the purpose of ratifying this Convention in our country, it is necessary to examine the domestic law and regulation concerned whether it fulfills or not the required conditions of the Convention Therefore, this paper aims to find the difference between the domestic law and the convention, also suggest the way to solve the problems.

• Proceedings of KOSOMES biannual meeting
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• 2008.05a
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• pp.5-10
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• 2008

In recent years, the major interest in international environmental laws has focused on the ways to secure observation of the laws. For the implementation and compliance of international marine environmental convention, the new sequence of developing convention has been sdopted. The main convention is adopted in a form of 'Framework Convention' and the details are expressed in the Annex and/or Guidelines of the convention for the purpose of conveniense of adoption and to secure the observation of the convention And the Annexes or Guidelines are amended, revised and newly adopted continuously. Therefore this study is to analyze the tendency of sequence for developing new convention, which will help understanding one particular international marine environmental convention as a whole.