• Proceedings of the KSR Conference
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• 2011.05a
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• pp.1872-1885
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• 2011

In recent years, due to the economic growth of the Northeast Asia, the trading relationship among the Asian countries becomes more active, and the mutual level of dependence is increasing. As the general market, the Northeast Asia pursue a function of market and economic activities among the Northeast Asia become more active consistently. It is important that Korea strengthened logistics network connection systems with China and Japan are improving the logistics facilities and expanding the transport network steadily. In order for Korea to improve as a logistics position, Korea needs to build various and efficient multimodal transport system and sets up a position as a major efficient logistics network center. Therefore, this paper intended to analyze transport cost and time of Korea-China-Japan logistics network and suggest a competitive multimodal transport with the maritime transport and new multimodal transport systems by comparing scenarios.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.53-74
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• 2009

INCOTERMS have been changed almost every 10 years since ICC established INCOTERMS as trade terms for International transaction. Recently transportation has become bigger, and modernized by means of electronic appliances such as RFID, IT, and containerization. FRC, FOR/FOT, FOA were added in INCOTERMS1980 and every conditions are unified into three alphabets in INCOTERMS1990. The best features of INCOTERMS2000 are that FCA substitute FRC, FOR/FOT, FOA and customs formalities were simplified to make clear for each party of contract. It seems that business circles still stick to old customs of their trade like FOB or CIF not only in Korea but in an international practice even though there have been several revisions of INCOTERMS until now. ICC have tried to provide INCOTERMS3000 to solve problems between a theory and an actual condition of international trade. This study has tried to suggest opinions against INCOTERMS3000 and has surveyed a recognition, an actual using situation and issues of INCOTERMS to get improvements. For a recognition of INCOTERMS has been spread as you can find at tables many kinds of business circles still stick to old customs of their trade terms FOB and CIF. Now there are two alternative plans. Firstly, we need to suggest improvements against inconsistency of INCOTERMS to be applied on newly revised INCOTERMS3000 and educating business circles to use proper conditions of INCOTERMS for their doing business. Secondly, we shall participate in revising INCOTERMS to activate multimodal transport conditions of INCOTERMS and provide solutions to fill gap between a theory and an actual condition of international trade. It seems that terms of multimodal transport such as FCA, CPT, or CIP can be a perfect condition for each party of contract. We have examined the inconsistent features of Ship's rail and notions of on board, and observed how to activate multimodal transport terms. These would be hot issues of next revision of INCOTERMS and we provided improvements on each trade terms, THC charges, or others against INCOTERMS.

• Journal of Navigation and Port Research
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• v.46 no.5
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• pp.419-426
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• 2022

This study aimed to identify new routes for transporting automobiles from Korea to Mongolia by comparing them with the existing route. At present, a route from the Incheon Port through the Tianjin Port to Zamiin-Uud is commonly used to transport containerized cargo from Korea to Mongolia. This study examined five possible logistics routes from Korea to Mongolia using a time/cost-distance methodology based on real data. Through consecutive discussions with importers and freight forwarders in Mongolia, the potential routes were selected and costs, distance, and lead time were evaluated to provide additional route options for automobile logistics from Korea to Mongolia. The results indicated that each route could be ranked in terms of the total cost while the lead time for all options in the present COVID-19 period is 2 - 4 months, with no difference among the routes. In addition, although the confidence index of all routes was not impressive, route 3 was the most preferred option, followed by route 1. However, the study results cannot provide the answer to the question of "which route is more attractive for transporting automobiles from Korea to Mongolia." This limitation notwithstanding, this study provides real information on the critical factors of distance, cost, and lead time in terms of the selected transportation routes so that importers and exporters can compare the routes in terms of the priority of each factor in uncertain logistics environment.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.3-36
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• 2016

Recently, the Supreme Court of Korea delivered a milestone judgment about air related multimodal transport. At there, the mattered cargo, some expensive jewellery, was transported from Qingdao, China to downtown office of consignee at Seoul via Incheon airport in Korea. As an air waybill was issued in this case, there was an air transport agreement between consignor and air courier operator. After arriving at Incheon airport, the shipment was transport by land arranged by the air courier operator, who was a defendant in this case. Upon arriving at the final destination, it was found that the jewellery was lost partly and based on circumstantial evidence, the damage presumed to be occurred during the land transport. As a subrogee, the insurance company who paid for consignee filed an action against the air courier operator for damage compensation. Defendant contended that Montreal convention should be applicable in this case mainly for limited liability. The lower court of this case confirmed that applying the limited liability clause under Montreal Convention is improper under the reason that the damage in this case was or presumed to be occurred during surface transport. It was focused on the Montreal Convention article 18 which says that the period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. However, the Supreme Court overturned the lower court's decision. The delivered opinion is that the terms of condition on the air waybill including limited liability clause should be prevailed in this case. It seems that the final judgment was considered the fact that the only contract made in this case was about air transport. This article is for analysis the above decisions from the perspective that it is distinguishable between a pure multimodal transport and an expanded air transport. The main idea of this article is that under the expanded air transport, any carriage by land, sea or inland waterway only for the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment is still within the scop of air transport.

• Journal of Distribution Science
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• v.12 no.2
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• pp.27-37
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• 2014

Purpose - As economic activities between different countries have rapidly spread in a world of free trade, it is inevitable that a large volume of cargo will be carried between countries. It is natural, then, that CO2 emissions and other environmental pollutions have followed, which exposes people and society to serious environmental problems and social costs, and so on. Therefore, the need to understand logistics is not only a matter of transportation but also an environmentally oriented matter. The purpose of this study is to look at some lessons and implications from the European case in terms of green logistics matters. Research design, data, and methodology - In order to look into this matter, first, it has to be established that some cargo transport volumes using different transportation modes have clearly declined because of previous economic recessions. Some transport policies produced by the European Union (EU) are based in a long history of struggling to cope with transport matters in European countries. In its recent transport policies, the EU has provided greener transportation alternatives, realizing that pollution matters affect the European transport market. This study tries to determine what policies the EU has implemented to deal with green logistics matters. This study concentrates in particular on the Marco Polo program in the EU. Results - This study found that the EU seems to consider these kinds of matters, that is, transport and the environment in the context of green logistics. The EU launched some policy instruments to solve this matter relatively earlier than other countries and reviewed them as necessary. In order to make these policy tools work, the EU provided PACT for combined transport, and then the Marco Polo I and II European transport white paper packages. These European policies deal with green logistics matters in two ways. First, some restrictions have been imposed, especially taxation, and so on. Transport subsidies are also powerful means of handling green logistics matters in Europe. Along with these two means of dealing with transport and the environment, the EU eventually targeted integration of different transport modes. Instead of employing only a single transport instrument mode to deliver the cargo to be carried, such as trucking, rail, ocean-going carrier, flight, or inland waterway transport, the EU has proposed that combining transport modes is the best alternative for transport and the environment. That is, the EU is pursuing the adoption of multimodalism as an answer to the green logistics challenge as it provides a more cost efficient and more productive means of transport. Conclusions - In conclusion, multimodal transport should be considered when applying green logistics, as it can provide an alternative way to achieve transport and environmental solutions together at the present time. Two methods can be used to encourage multimodal transport: restrictions and subsidies. These are the lessons and implications from European green logistics policies.

• Journal of Distribution Science
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• v.9 no.2
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• pp.25-30
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• 2011

Transport is animportant sector of government regulation. Every country has its own transport policy, but European countries are evolving a common transport policy, which has a long history. The establishment of a consistent common policy in the EU's transport sector is still underway. The key motivations of this policy are 1) to establish and implement a common transport policy, 2) to clarify the concept of sustainability in the transport sector, and 3) to integrate transport services into a common infrastructure. One of the policy's objectives is the progressive movement towards sustainable development in the transport section. The EU'stransport policy has recognised that intermodality is a very important competitive tool. The EU's policy thrustin intermodal transport can be catergorised into infrastructure, technology, and standards and rules. However, obstacles to success can be detected. Cases like that of TEN-T and Marco Polo illustrate European intermodal policies in practice. As regards sustainability in the transport sector, intermodality can be an alternative solution to the increasing imbalance between transport modes and congestion arising from increased road use. Sustainability has been emphasised by the EU, which aims to establish intermodality in its future alternative transport systems while fostering sustainable development in the transport sector. Therefore, intermodality can be defined as a general trend in the current transport market, drawing interest from public institutions and transport-related market players. The EU has thus made an effort to facilitate intermodality in its territory, materialised through various policy options. Therefore, looking into the EU's intermodal transport policies is worthwhile, as doing so can provide useful lessons for all concerned parties.

• 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 Korea Society of Industrial Information Systems
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• v.11 no.3
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• pp.20-33
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• 2006

Because of rapid expansion of third party logistics, fierce competition in the transportation industry, and the diversification and globalization of transportation channels, an effective transportation planning by means of multimodal transport is badly needed. Accordingly, this study aims to suggest an optimal transport algorithm for the multimodal transport in the international logistics. As a solution for this problem, first of all, we have applied a pruning algorithm to simplify it, suggesting a heuristic algorithm for constrained shortest path problem to find out a feasible area with an effective time range, which has been applied to the Label Setting Algorithm, consequently leading to multiple Pareto optimal solutions. Also, in order to test the efficiency of the algorithm for constrained shortest path problem, this paper has applied it to the actual transportation path from Busan port of Korea to Rotterdam port of Netherlands.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.359-389
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• 2011

The Rotterdam Rules, which was adopted in December 2008 by UNCITRAL, has underlying intention that it will provide uniform law for the international carriage of goods by sea and modernize transport law reflecting modern transport custom. However, it is also true that there are various conflicting views on the Rotterdam Rules. This article tried to analyze main controversial issues such as scope of application, basis of liability of the shipper and the carrier, exception th the volume contract, legal position of the freight forwarder, delivery of the goods from the both sides of view. The Rotterdam Rules exposes some problems in applying and interpreting the Rules as many people indicated. These problems, I think, mainly due to the extended scope of application and broader range of issues. However, I do not think that the Rotterdam Rules will serious affect to the international transport industry. Furthermore, it is unreasonable to expect perfect Rules satisfying every interests.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.14
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• pp.7-35
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• 2000

The purpose of this paper is to examine the meanings of delivery of each trade term in INCOTERMS 2000, to investigate various kinds of transport document as a proof of delivery, and finally to find their problems. As a result of examination, following problems are considered to happen practically. First, a multimodal transport document referred in FOB term seems to be unappropriate because FOB term can be used in sea or inland waterway transport. Second, Assuming resale in transit in CFR or CIF term, non-negotiable Sea Waybill seems to be inappropriate. Third, As Sea Waybill is not a document of title, it can not be a security when the bank negotiate seller's draft. Fourth, INCOTERMS 2000 deleted the reference to charter party in CFR or CIF term. This deletion may raise any legal problems for the liabilities of carrier when the contradictions happen between the charter party B/L and charter party. Finally, if CFR or CIF means symbolic delivery, other documents besides B/L can not be a symbols of goods.