• Title/Summary/Keyword: international carriage

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An Analysis on the Preference of Domestic Container Transport Systems (내륙컨테이너운송체계에 대한 선호도 분석 - 부산지역 업체들을 대상으로 -)

  • Yoo, Ju-Young;Nam, Ki-Chan;Lee, Myoun-Soo;Kim, Tae-Won
    • Journal of Navigation and Port Research
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    • v.32 no.5
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    • pp.387-394
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    • 2008
  • The cost of domestic container transportation is higher than international sea transportation and it cannot meet the needs of customers either. However, domestic carriers try hardly nothing to improve the carriage system. Especially, the inland transportation connecting Busan port is not receiving a careful study in spite of the importance and urgency now. This paper reviews intention of forwarders, shipping companies, and transport companies conducting a questionnaire and analyse the preferences of transportation modes amongst existing highway, railway, coastal shipping and inland waterway. Its aim is to analyse which factors affect freight agents to choose particular mode.

A Study on the Legal Status of Fishing Vessels (실정법상(實定法上) 어선(漁船)의 지위(地位)에 관한 고찰(考察))

  • Choe, Jong-Hwa;Kim, Jin-Kun;Lee, Byoung-Gee
    • Journal of Fisheries and Marine Sciences Education
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    • v.3 no.1
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    • pp.35-43
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    • 1991
  • The fishing vessels operation is a kind of maritime profit-making activities, which are complicatedly integrated by the basic and supplemental fishing activities with navigation. The Fishing Vessels Act of Korea defines the character of fishing vessels and gives a legal status to them, and this Act itself is linked with the allied public laws including the Ships Act of Korea. For this reason, the legal status of fishing vessels as Korean flagged ships by the public law is analogous to the general commercial vessels. And the specific character of ownership of the fishing vessels by the Korean Maritime-Commercial Act as a privated law is analogous to the general commercial vessels, nevertheless the Chapter 4(Carriage of goods) and the Chapter 5(General average) of this Act do not apply to the fishing vessels except the fish carriers. A fishing vessel possesses the legal status as a Korean flagged ship by having it registered and putting it on record under the provision of national law, however the principle of genuine link is an important factor for acquisition of nationality. Especially, the basic rules by the Law of the Sea those are attended with the distant-water fishing vessels operation at the overseas fishing ground are summarized as follows ; Firstly, the rights of navigation and fishing activities on the high seas are fundamentally recognized to all states, but the freedom is restricted according to the international legal order aiming at protection of reasonable interests of other states and conservation of the living resources and marine environment. Secondly, in the EEZ or EFZ the freedom of navigation is recognized, but fishing activities are exclusively ruled by the national law of the coastal state. Thirdly, foreign fishing activities are prohibited but the right of innocent passage is recognized in the territorial sea, while both activities are prohibited in the internal waters of the coastal state.

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Combined Genotype Analyses of Precursor miRNA-196a2 and -499a Variants with Hepatic and Renal Cancer Susceptibility- a Preliminary Study

  • Toraih, Eman A;Fawzy, Manal S;Elgazzaz, Mona G;Hussein, Mohammad H;Shehata, Rasha H;Daoud, Hisham G
    • Asian Pacific Journal of Cancer Prevention
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    • v.17 no.7
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    • pp.3369-3375
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    • 2016
  • MicroRNAs, a novel class of small non-coding RNAs, are key players in many cellular processes, including cell proliferation, differentiation, invasion and regeneration. Tissue and circulatory microRNAs could serve as useful clinical biomarkers and deregulated expression levels have been observed in various cancers. Gene variants may alter microRNA processing and maturation. Thus, we aimed to investigate the association of MIR-196a2 rs11614913 (C/T), MIR-499a rs3746444 (A/G) polymorphisms and their combination with cancer susceptibility in an Egyptian population. Sixty five renal cell carcinoma (RCC) and 60 hepatocellular carcinoma (HCC) patients and 150 controls were enrolled in the study. They were genotyped using real-time polymerase chain reaction technology. Both $miR-196a2^*T$ and $miR-499a*G$ were associated with RCC risk, but only $miR-196a^*T$ was associated with HCC development. Carriage of the homozygote combinations ($MIR196a2^*TT+MIR499a^*AA$) and ($MIR196a2^*CC+MIR499a^*GG$) was associated with 25 and 48 fold elevation of likelhood to develop RCC, respectively. The miR-196a2 SNP was also linked with larger tumor size in RCC and advanced tumor stage in HCC. miR-196a2 and miR-499a combined genotypes were associated with RCC and HCC. Further functional analysis of SNPs is required to confirm relationships between genotypes and phenotypes.

Whether the United States and the Republic of Korea were in a treaty relationship under the Warsaw Convention system -Chubb & Son, Inc. v. Asiana Airlines (2nd Cir. 2000)- (한미간(韓美間) 항공화물운송(航空貨物運送)에 관(關)한 공통조약관계(共通條約關係)의 존재(存在) 여부(與否)-Chubb & Son, Inc. v. Asiana Airlines (2nd Cir. 2000) 및 미국(美國)에서의 논의(論議)를 중심(中心)으로-)

  • Jeong, Jae-Joong
    • The Korean Journal of Air & Space Law and Policy
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    • v.16
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    • pp.160-196
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    • 2002
  • In this thesis. I have first introduced and studied Chubb & Son. Inc. v. Asiana Airlines. 214 F.3d 301 (2nd Cir. 2000). which held that at the time that the dispute in this case arose. there was no treaty relationship between the United States and South Korea under the Original Warsaw convention. the Hague Protocol. or a treaty consisting of those provisions of the Original Convention that were not amended by the Protocol. And I have analyzed U.S. government s position that was expressed in Brief for the United States as Amicus Curiae on petition for a writ certiorari to the 2nd Circuit on Chubb & Son case and 2nd Circuit s Fujitsu Limited v. Federal Express Corporation. 247 F.3d 423 (2001) which was held in a related question afterwards but was somewhat inconsistent with Chubb & Son s holding. Furthermore. I also examined U.S. government s measures which have been considered and taken to cope with consequences of Chubb & Son case's ruling. Lastly. I have examined several effects which Chubb & Son s ruling would give our nation s airlines and suggested our government's countermeasures.

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A Study on the Functional Differences between Strait Bills of Lading and Sea Waybills -Focused on a Comparison of English, U.S. and Korean Laws- (기명식 선하증권과 해상화물운송장의 기능적 차이에 관한 연구 -영미법 및 우리나라법과의 비교를 중심으로-)

  • Paik-Hyun Suh
    • 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.

The Limitation of Air Carriers' Cargo and Baggage Liability in International Aviation Law: With Reference to the U.S. Courts' Decisions (국제항공법상 화물.수하물에 대한 운송인의 책임상한제도 - 미국의 판례 분석을 중심으로 -)

  • Moon, Joon-Jo
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.2
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    • pp.109-133
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    • 2007
  • The legal labyrinth through which we have just walked is one in which even a highly proficient lawyer could easily become lost. Warsaw Convention's original objective of uniformity of private international aviation liability law has been eroded as the world community ha attempted again to address perceived problems. Efforts to create simplicity and certainty of recovery actually may have created less of both. In any particular case, the issue of which international convention, intercarrier agreement or national law to apply will likely be inconsistent with other decisions. The law has evolved faster for some nations, and slower for others. Under the Warsaw Convention of 1929, strict liability is imposed on the air carrier for damage, loss, or destruction of cargo, luggage, or goods sustained either: (1) during carriage in air, which is comprised of the period during which cargo is 'in charge of the carrier (a) within an aerodrome, (b) on board the aircraft, or (c) in any place if the aircraft lands outside an aerodrome; or (2) as a result of delay. By 2007, 151 nations had ratified the original Warsaw Convention, 136 nations had ratified the Hague Protocol, 84 had ratified the Guadalajara Protocol, and 53 nations had ratified Montreal Protocol No.4, all of which have entered into force. In November 2003, the Montreal Convention of 1999 entered into force. Several airlines have embraced the Montreal Agreement or the IATA Intercarrier Agreements. Only seven nations had ratified the moribund Guatemala City Protocol. Meanwhile, the highly influential U.S. Second Circuit has rendered an opinion that no treaty on the subject was in force at all unless both affected nations had ratified the identical convention, leaving some cases to fall between the cracks into the arena of common law. Moreover, in the United States, a surface transportation movement prior or subsequent to the air movement may, depending upon the facts, be subject to Warsaw, or to common law. At present, International private air law regime can be described as a "situation of utter chaos" in which "even legal advisers and judges are confused." The net result of this barnacle-like layering of international and domestic rules, standards, agreements, and criteria in the elimination of legal simplicity and the substitution in its stead of complexity and commercial uncertainty, which manifestly can not inure to the efficient and economical flow of world trade. All this makes a strong case for universal ratification of the Montreal Convention, which will supersede the Warsaw Convention and its various reformulations. Now that the Montreal Convention has entered into force, the insurance community may press the airlines to embrace it, which in turn may encourage the world's governments to ratify it. Under the Montreal Convention, the common law defence is available to the carrier even when it was not the sole cause of the loss or damage, again making way for the application of comparative fault principle. Hopefully, the recent entry into force of the Montreal Convention of 1999 will re-establish the international legal uniformity the Warsaw Convention of 1929 sought to achieve, though far a transitional period at least, the courts of different nations will be applying different legal regimes.

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A Study on East Asian Regional Electronic Navigational Chart Coordinating Center Establishment Strategy (동아시아 전자해도 지역 공급센터 구축방안 연구)

  • Kim, Ho-Yoon;Oh, Se-Woong;Shim, Woo-Sung;Suh, Sang-Hyun
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.18 no.3
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    • pp.213-220
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    • 2012
  • International Maritime Organization made International Convention for the Safety of Life at Sea to require all ships to carry official charts, both paper and electronic, and is especially encouraging the use of Electronic chart display and information system (ECDIS). Recently, the argument that all Electronic Charts(ENC) displayed in ECDIS should be distributed through Regional ENC Coordinating Center is being raised within the IHO. The use of ECDIS was generalized, but the existing two RENCs in Europe are thought to be not enough. Especially, East Asian region, due to its rapid growth in economy and marine traffic, RENC is found necessary. This research establishes the legitimacy and strategy of East Asian RENC by defining the roles of RENC based on the IMO ECDIS Mandatory Carriage Requirement and RENC operation status through suggesting a "Phase-In" RENC model, which was built upon the strategy of East Asian Hydrographic Commission(EAHC).

The Scope and the Meaning of 'Time of Arrival' in Carriage of Passengers by Air : Focused on the Germanwings GmbH v. Ronny Henning, Case C-452/13 (2014). (항공여객운송에서의 지연보상과 도착시각의 의미 - EU 사법재판소 2014. 9. 14. 판결(ECLI:EU:C:2014:2141)을 중심으로 -)

  • Sur, Ji-Min
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.267-290
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    • 2018
  • This paper reviews and criticizes the EU Case of C-452/13, Germanwings GmbH v. Ronny Henning. Under this case, Ronny Henning later sued Lufthansa's budget carrier Germanwings after it refused to pay him 250 euros compensation for a delay he said totalled more than three hours. Germanwings, however, maintained his flight had arrived only two hours and 58 minutes behind schedule. In those circumstances, the following question to the European Court of Justice (ECJ) for a preliminary ruling: What time is relevant for the term time of arrival used in Articles 2, 5 and 7 of Regulation [No 261/2004]: (a) the time that the aircraft lands on the runway (touchdown); (b) the time that the aircraft reaches its parking position and the parking brakes are engaged or the chocks have been applied (in-block time); (c) the time that the aircraft door is opened; (d) a time defined by the parties in the context of party autonomy? ECJ says that the situation of passengers on a flight does not change substantially when their aircraft touches down on the runway at the destination airport, when that aircraft reaches its parking position and the parking brakes are engaged or when the chocks are applied, as the passengers continue to be subject, in the enclosed space in which they are sitting, to various constraints. Therefore, it is only when the passengers are permitted to leave the aircraft and the order is given to that effect to open the doors of the aircraft that the passengers may in principle resume their normal activities without being subject to those constraints. ECJ rules that it is apparent that Articles 2, 5 and 7 of Regulation No 261/2004 must be interpreted as meaning that the concept of 'arrival time', which is used to determine the length of the delay to which passengers on a flight have been subject, corresponds to the time at which at least one of the doors of the aircraft is opened, the assumption being that, at that moment, the passengers are permitted to leave the aircraft.

A Study on the Effect of 2010 HNS Convention on Korean Industry (위험·유해물질 피해보상 국제협약의 우리 산업계에 대한 영향 고찰)

  • Kim, Ji-Hong
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.26 no.1
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    • pp.57-64
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    • 2020
  • The IOPC Fund general assembly reported that the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (known as the HNS Convention) will meet the requirement for the convention to take ef ect between 2021 and 2022. When the convention comes into effect, the liability-limit insurance of the HNS transport ship will be enforced and the shipper receiving the HNS will pay the share of the contribution from the International Fund for damages exceeding the limit of the ship's liability insurance. Korea is one of the major shipping and shipper countries in the world; thus, this study aimed to the need to analyze the effect of the convention on the related industries. The survey of ships and contribution targets analyzed the research data of the Ministry of Oceans and Fisheries. The P&I premium estimation was reviewed by the Korea Shipping Association and the K P&I as insured ships. In addition, the contribution of the HNS cargo volume was analyzed in an annual report by a representative international association for each cargo. About 1,500 ocean-going and domestic vessels have been identified as ships subject to the convention. The effect of changes in premiums under the convention was minimal for most ships. The effect of the shipping industry is expected, with about 150 domestic tankers expected to increase insurance premiums. In the case of shipper industries, 52 freight terminals were found to be eligible for the payment of the share of the international fund, as the proportion of freight volume in Korea was ranked second to fourth in the world by individual HNS accounts. This implies the obligation to pay contributions according to the convention. Considering the status of HNS transport ships entering and leaving ports and the quantity of HNS cargo, it can be concluded that the validity of Korea's convention is sufficient and that, it is necessary to coordinate with global major shipper countries.

The Delay of Re-Routing Flight and Scope of Extraordinary Circumstances in the European Air Transportation Law: A Case Comment on A and Others v. Finnair Oyj [2020] Case C-832/18 (EU항공여객운송법 체제에서 대체항공편의 운항지연과 특별한 사정의 범위 - 2020년 EU사법재판소 A and Others v. Finnair Oyj, Case C-832/18 판결을 중심으로 -)

  • Sur, Ji-Min
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.197-224
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    • 2020
  • This paper reviews and criticizes some issues as to the case of A and Others v. Finnair Oyj [2020] Case C-832/18 by examining EU Regulations and practical point of views. Under this case, the travellers brought an action against Finnair in light of the Air Passenger Regulation12, seeking compensation for both the first cancelled flight, and the delayed re-routed flight. Finnair had paid the first compensation, but refused to grant the second claim, arguing that the regulation did not set out that passengers were eligible for a second claim in those situations, and that the delay of the second flight was a consequence of 'extraordinary circumstances' under the regulation. The Court of Appeal in Helsinki has asked the CJEU whether an air passenger is entitled to a further compensation where a re-routed flight they have agreed to take is delayed, where both the original and rerouted flight are operated by the same air carrier. The CJEU held that the regulation does not in any way limit the rights of passengers where they find their flights being re-routed. As such, under earlier CJEU case law, the relevant travellers here were entitled to compensation for cancellation of the first flight and delay of the second flight. It also disagreed with Finnair's assessment that the technical failure in the re-routing flight was a matter of extraordinary circumstances.