• The Korean Journal of Air & Space Law and Policy
• /
• v.23 no.1
• /
• pp.189-206
• /
• 2008

• 한국항공우주법학회:학술대회논문집
• /
• 2008.05a
• /
• pp.75-89
• /
• 2008

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.20
• /
• pp.213-239
• /
• 2003

This paper intends to describe the liability regime of the air carrier under the Montreal Convention of 1999 for the international cargo, comparing to those of the existing Warsaw Convention system. Also this paper deals with main issues of the Montreal Convention which are relevant for the carrier's liability in the carriage by air of cargo. The Warsaw Convention was adopted in 1929 and modified successively in 1955, 1961, 1971, 1975, and 1999. The Montreal Convention of 1999 modernized and consolidated the Warsaw Convention and related instruments. International air carrier is liable by application of principle of strict liability as stated in the Montreal Convention : The carrier is liable for the destruction or loss of, or damage to cargo and delay during the carriage by air, and the carrier's liability is limited to a sum of 17 Special Drawing Rights per kilogramme. However, the Montreal Convention has main outstanding issues with respect to the liability of the air carrier : potential conflicts between the Montreal Convention and the Warsaw Convention, the amounts of limits of the carrier's liability, the duration of the carrier's liability, the exessive litigation, and the aviation insurance. Therefore, the conditions and limits of the carrier's liability under the Montreal Convention should be readjusted and regulated in detail.

• The Korean Journal of Air & Space Law and Policy
• /
• v.22 no.1
• /
• pp.163-186
• /
• 2007

Charter flight in international air law has, from very beginning, not precisely defined by the International Civil Aviation Organization (lCAO) since 1947 when it came into being. By practice, the operation of charter traffic is, in its very beginning, the subject to the regulations of national rules and bilateral charter agreements (charter annex clause) within the framework of normal bilateral agreement of international air services. Taiwan had signed a series of bilateral air service agreement under the name of the Government of the Republic of China when Taiwan was recognized by the United Nations and major members of international community as the sole legal government representing China before 1971, but that situation was changed since then. Taiwan has only maintained diplomatic relations with 25 States, but maintained semi-official relations with major powers of the world. The former agreements were signed within the framework of the Vienna Convention on the Law of Treaties of 1969 while the latter agreements were signed within the framework of administrative and civil law of two countries which were not in the form of bilateral treaty signed by two sovereign States in its proper sense of international law. The legal regime of charter flights between Taiwan and Mainland China is regulated by special arrangements negotiated by delegated airlines and airlines association or private law institutions.

• The Korean Journal of Air & Space Law and Policy
• /
• v.12
• /
• pp.36-65
• /
• 2000

The Montreal Convention markedly changed the rules governing the international carriage by air of passenger, baggage and cargo. The introduction of a considerable number of modernized major elements including electric ticketing system, the unlimited passenger liability regime and a supplementary (fifth) jurisdiction should help to remove aged scheme that now exists in the Warsaw Convention and other related instruments. The key issue of the electric ticketing system recognized by the Convention IS how to describe reasonably and adequately the terms of written notices, in the light of the principle of consumer protection. Regarding liability regime for passengers, an unlimited passenger liability regime is realized. The carrier, in the first tier, is subject to a strict liability regime of up to 100,000 SDRs, and in the second tire, a regime of presumed fault liability without numerical liability limits. To add to the present four fora, the fifth forum is permitted. Regarding damage resulting the death or injury of a passenger, an action for damages may also be brought in its home territory with the considerably qualified narrow requirements. A strange deviation from the well-established "Procedure for Approval of Draft Convention" carried out by the Legal Committee left a considerable number of unrefined and incomplete passages. In the near future, their modification should be required.

• International Journal of Air-Conditioning and Refrigeration
• /
• v.15 no.1
• /
• pp.1-9
• /
• 2007

This study concerns the characteristics of helical flow in a concentric and eccentric annulus with a diameter ratio of 0.52 and 0.9, whose outer cylinders are stationary and inner ones are rotating. Pressure losses and skin friction coefficients have been measured for fully developed flows of water and 0.2% aqueous of sodium carboxymethyl cellulose (CMC), respectively, when the inner cylinder rotates at the speed of 0-500 rpm. The effect of rotation on the skin friction is significantly dependent on the flow regime. In all flow regimes, the skin friction coefficient is increased by the inner cylinder rotation. The change of skin friction coefficient corresponding to the variation of rotating speed is large for the laminar flow regime, whereas it becomes smaller as Re increases for the transitional flow regime and, then, it gradually approach to zero for the turbulent flow regime.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.69
• /
• pp.371-388
• /
• 2016

International air transport for cargo services is a facilitator for various trade sectors and, by itself, an important service industry. Although international air cargo industry is expected to grow continuously, industry stakeholders complain about legal constraints in the industry and demand more liberalized regime. From its birth at the beginning of the 20th century, the airline industry was tightly regulated by governments with a strong tradition of protectionism. In the past few decades, however, protectionism in the airline industry has steadily declined. Indeed, the airline industry is largely in the process of liberalization. Interestingly, it has been easier to liberalize air cargo service than passenger service. Indeed, states have traditionally shown far more willingness to provide market access for foreign carriers carrying cargo than passengers. Given the impact of air cargo service in a state's wider economy and own characteristics of cargo services (i.e. air cargo traffic is inherently one-way, unlike passenger traffic, which tends to involve round trips), more liberalized approach is necessary for air cargo services. Among three approaches: bilateral, regional (block-based) and multilateral, it is desirable to adopt a multilateral treaty (a new multilateral all-cargo agreement) so as to harmonize and simplify complicated trade regulations on air cargo services.

• International Commerce and Information Review
• /
• v.12 no.2
• /
• pp.385-405
• /
• 2010

The purpose of this study is to investigate liability risk of air cargo carrier and suggests ideas for solving problems which could be happen to air transporters on the future. because of Air transport remains one of the world's fastest growing and most important industries. And important treaties and contracts specifying transporters' responsibility regarding big scale aircraft accidents are such as Warsaw Convention in 1929, Hague Protocol in 1955, Montreal Convention in 1999. The Montreal Convention, formally the Convention for the Unification of Certain Rules for International Carriage, is a treaty adopted by Diplomatic meeting of ICAO member states in 1999. It amended important provisions of the Warsaw Convention's concerning compensation for the victims of air disasters. In conclusion, suggests to the method of air cargo security and cargo legal liability insurance which is for air cargo carrier's risk management.

• International Journal of Air-Conditioning and Refrigeration
• /
• v.8 no.1
• /
• pp.50-61
• /
• 2000

The effects of an inserted coil on flow . patterns and heat transfer performance for a horizontal rotating heat pipe have been studied experimentally. Especially, the present study is to see an internally inserted helical coil inside a RHP would lead to the same kind of results as internal fins. Visualization test conducted for an acryl tube, charged water with at a volumetric rate of 20%. When the flow kept pool regime at a low rpm(less than 1,000rpm), the movement of coil forced the water to flow in axial direction. But this pumping effect of coil disappeared, when the pool regime changed to annular one which could be created by increasing rpm. The pumping effects for RHP with an inserted coil resulted in the enhancement in both condensation heat transfer coefficient and heat transport limitation, as obtained in case of using internal fins. But all these effects became negligible in the range of higher rpm(above 1,000-1,200) with the transition of flow regime to annular flow.

• The Korean Journal of Air & Space Law and Policy
• /
• v.27 no.2
• /
• pp.3-27
• /
• 2012

The Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air was adopted in 1929. In 1999, the ICAO adopted the Montreal Convention for the Unification of Certain Rules for International Carriage by Air vastly modernizing the unification of private air law. The Montreal Convention replaced the instruments of the Warsaw system, and came into force on 4 November 2003. The Montreal Convention is not only an international convention. It has also exercised a considerable influence on national legislation. Korea has made the national legislation of the Part VI the Carriage by Air of Commercial Act on April 29, 2011, and it has brought into force on November 24, 2011. The national legislation of the Part VI the Carriage by Air of Commercial Act of Korea has the provisions on the liability for damage caused to passenger, the liability for damage caused to baggage, and the liability for damage caused to cargo. The main feature of the liability regime of the air carrier under the Montreal Convention is the two-tier liability system for death or injury of the passenger with strict liability up to 100,000 SDR and presumptive liability with a reversed burden of proof without any limit above that threshold. The national legislation of the Part VI the Carriage by Air of the Commercial Act of Korea has adopted the main principles of the liability of the air carrier under the Montreal Convention. In conclusion, the national legislation relating to the liability of the air carrier by the Korean government will contribute to settle efficiently the dispute on the carrier' liability in respect of the carriage of passengers, baggage and cargo by air, and to provide proper compensation to the passenger or consignor who has suffered damage, subject to the defenses and limitations it sets out.