• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.24
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• pp.3-23
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• 2004

It is our common understanding that the carrier is bound to deliver the goods to the consignee named in a non-negotiable straight bill of lading without its presentation. But recently Court of Appeal, Singapore, held that "where a straight bill of lading is issued it is necessary for the bill of lading to be presented by the consignee to the carrier by sea in order to obtain delivery of the goods. A straight bill of lading, just like a bill of lading to order, confers title including the right to receive the goods mentioned on the bill of lading. Only the possibility of negotiation is excluded. The carrier by sea is liable where he delivers the goods to the consignee named in the straight bill of lading without delivering the bill of lading itself."

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.8 no.2
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• pp.1-11
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• 2018

Recently ICT, new technologies such as IoT, Cloud, and Artificial Intelligence are changing the information society explosively. But personal information leakage incidents of consignee's company are increasing more and more because of the expansion of consignment business and the latest threats such as Ransomware and APT. Therefore, in order to strengthen the security of consignee's company, this study derived the checklists through the analysis of the status such as the feature of consignment and the security standard management system and precedent research. It also analyzed laws related to consignment. Finally we found out the relative importance of checklists after it was applied to proposed AHP(Analytic Hierarchy Process) Model. Relative importance was ranked as establishment of an internal administration plan, privacy cryptography, life cycle, access authority management and so on. The purpose of this study is to reduce the risk of leakage of customer information and improve the level of personal information protection management of the consignee by deriving the check items required in handling personal information of consignee and demonstrating the model. If the inspection activities are performed considering the relative importance of the checklist items, the effectiveness of the input time and cost will be enhanced.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.317-358
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• 2011

The purpose of this study aims to analyse the key differences of the sea waybill and electronic B/L in the international transport documents. Sea waybills look remarkably like ordinary bills of lading. Indeed, in two important ways, they are just like bills of lading: the front of the document will near a description of the quantity and apparent condition of the goods; and the back of the document provides evidence of the terms of the contract of carriage. They differ from bills of lading in that, far from indicating that the goods described are deliverable to the order of the shipper or of the consignee, they will make it explicit that the goods are deliverable only to the consignee. Again, different carries will do thai in a variety of ways. For example, the document may call itself non-negotiable, omitting the word order from the consignee box on the front of the document, and stating explicitly that the goods will be deliverable to the consignee or his authorised representative on proper proof of identity and authorisation. The Hague-Visby Rules and Hamburg Rules give no guidance as to any right to instruct the carrier in respect of goods while they are in transit. However, in applying Article 50 of the Rotterdam Rules, in particular when applying it in the context of seawaybills, straight bills of lading or ship's delivery orders, regard would need to be had to preserve the shipper's rights under any of those three documents even after the buyer of goods covered by them has acquired rights of its own. And, the right of control is defined at Article 1.12 of the Rotterdam Rules. The right to give instruction is further limited by the terms of Article 50.1 to three particular types of instruction in respect of the goods, relating broadly to the goods, their delivery en route, and the identity of the consignee. And, the CMI formulated the CMI Uniform Rules for Sea Waybills for voluntary incorporation into any contract of carriage covered by such a document. Recognising that neither the Hague nor the Hague-Visby Rules are applicable to sea waybills, the CMI Rules provide that a contract of carriage covered by a waybill shall be governed by whichever international or national law, if any, would have been compulsorily applicable if the contract had in fact been covered by a bill of lading or similar document of title.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.193-222
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• 1989

The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. 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, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. 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 consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

• The Journal of Society for e-Business Studies
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• v.14 no.4
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• pp.299-313
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• 2009

As domestic logistics environment has changed into global logistics, various logistics parties are participating in processing logistics business. Goods is packed into container and delivered to consignee in steps. The goods may be damaged or lost since it has not directly delivered to consignee by single entity during the delivery process. Therefore, all parties want to know the flow of export/import cargos. However, it is very difficult to follow cargo flow consistently delivered from consignor to consignee. Because cargo flow does not be matched up information flow and information systems are based on neither standard business processes nor standard data, which makes it very difficult to associate logistics data among various logistic parties. This paper performs business process modeling for cargo tracking with international standard modeling methodology released by UN/CEFACT. And then, the standard data is defined for cargo tracking business process of unified and integrated business collaboration. The resulting business process model and data model will support international interoperability.

• Journal of the Korean Operations Research and Management Science Society
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• v.37 no.4
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• pp.1-18
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• 2012

With the enormous growth and various applications of private brands, national brand manufacturers are confronted with a dilemmatic situation. That is, paradoxically, some manufacturers have come to produce private brands of retailers which are potential competitors to their own brands. This study reveals why manufacturers with their own brands let themselves do the consignment production of retailers' private brands although those private brands may become strong competitors of their own brands and then investigates the condition in which manufacturers may benefit from such consignment production. Through an analysis of a game theoretical model assuming a monopoly market, the present study presents the theoretical backgrounds and provides new insights about consignment production of manufacturer with its own brand for retailer's private brand. First, such consignment production can play a role in mitigating the loss in the consignee manufacturer's own brand sales caused by the private brand in the competitive environment. Second, the effectiveness of such role is affected by the quality of the private brand produced under consignment. In other word, only if the consignee manufacturer keeps the quality of the private brand low, the manufacturer can maintain the benefit from its own brand. In addition, a consigner retailer needs to consider the final objective of launching its private brand, when it chooses its consignee manufacturer of the brand. Finally, a manufacturer with its own brand may consider consignment production as not merely an unavoidable option compelled by a retailer's power but a reasonable strategic choice to reduce the risk from competition.

• Convergence Security Journal
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• v.20 no.3
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• pp.79-88
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• 2020

Business consignment using personal information is increasing for the operating profit and work efficiency of Internet companies. If the personal information leakage accident occurs at the consignee, the consigner who provided personal information will be damaged greatly. The purpose of this study is to analyze the business attributes of consignee using consigned personal information and present a model that can be used to select companies with high risk of personal information leakage by considering the importance of the involved personal information. For this, personal information consignment relations, consignment services, and personal information items used were analyzed. Social network analysis and cluster analysis were applied to select companies with high network centrality that are advisable to obtain information security certification. The results of this study could be used to establish information protection strategies for private or public enterprises that manage companies using personal information.

• Journal of Internet Computing and Services
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• v.17 no.4
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• pp.95-113
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• 2016

Personal information processing works, including resident registration number is common to be consigned by IT specialized company due to high level expertise and tremendous cost. The accident related to personal information is increasing and most of accidents are caused by the consignee's leaking information. According to the Inspection of personal information protection and the management level diagnosis of personal information protection, public Institutions need to build the consignee's accident prevention and personal information management system as soon as possible. In this paper, the efficient enhancement ways for the personal information protection is studied. We analyze the law of business consignment and select basic management items related with personal information protection, and propose a analysis scheme for management level of personal information protection and a enhancement scheme for management system of personal information protection. This paper suggests consignee's management system of personal information protection for the enhancement way and the three Strengthening ways in law. To compose the a enhancement scheme for management system of personal information protection, we conduct questionnaire survey to 30 consignees(IT maintenance, notice printing, call center, welfare center) related to typical tasks of public organizations, present reference for this scheme, and execute verification of this scheme by focus group interview of consignor and consignee.

• 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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.53
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• pp.181-206
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• 2012

The straight bill of lading is regarded as the documents of title except in American law after The Rafaela S case. The Carewins case also decided that the exclusion clause of bill of lading did not exempt carriers from liability when the carriers delivered the cargo to the consignee without the production of original bill of lading. And the court said that the carrier was responsible for delivering the goods against a forged bill of lading regardless of exemption clause of bill of lading in the Motis case. It may be assumed through these cases that the straight bill of lading as a document of title gives documentary security to the banks in trade finance. However, there can be some downside to the efficacy of the straight bill of lading as collateral. First, when it is subject to the English law, the shipper can arbitrarily change the consignee different from the one named in the document. Second, some bills of lading bear provisions relating to the carrier delivering the goods upon reasonable proof of identity without the surrender of an original and/or genuine bill of lading.