• Title/Summary/Keyword: shipper

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A Study on the Responsibility of Shipper under the Rotterdam Rules (로테르담규칙상 송하인의 책임에 관한 고찰)

  • Hang, Nak-Hyun;Kim, Young-Kon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.53
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    • pp.101-133
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    • 2012
  • The paper aims to analyse the obligations and Responsibilities of shipper in the Rotterdam Rules. The Rotterdam Rules, has underlying intention that it will provide uniform law for the international carriage of goods by sea. It is highly expected that the Rotterdam Rules will create the new international legal regime replacing Hague-Visby Rules and Hamburg Rules. Rotterdam Rules provide the obligations and responsibilities of shipper in express. The shippers obliged to provide, (a) duty as to the condition in which the cargo has to be delivered to the carrier, (b) cooperation of the shipper and the carrier in providing information and instruction, and (c) shipper's obligation to provide information, instructions and documents. The shipper is liable for loss or damage sustained by the carrier if the carrier proves that such loss or damages was caused by a breach of the shipper's obligations. However, the shipper is relieved of all or part of its liability if the cause or one of the causes of the loss or damage is not attributable to its fault or to the fault. But, the shipper shall indemnify the carrier against loss or damage resulting from the inaccuracy of such information. Rotterdam Rules is providing rather concrete as to the shipper's responsibilities and burden of proof in separate chapter. The question is whether such burden of proof of the fault should be imposed to the shipper.

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A Study on the Risk Allocation between Parties under the Carriage of Dangerous Goods by Sea (해상운송에서 위험물에 대한 운송 당사자간 위험분담에 관한 연구)

  • Yang, Jung-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.43
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    • pp.297-336
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    • 2009
  • In modern industrial society carriage of dangerous goods by sea becomes more increasing than ever before. Dangerous goods are required for special care and handling in that shipment of dangerous goods could affect safety of the vessel and other cargoes. It is also true that dangerous goods could be used as a means of terrorism. his article investigates allocation of risk and liabilities between parties involved in the carriage of dangerous goods by sea. More specifically, this study examines principles of strict liability of the shipper in shipment of dangerous goods with some limitations based upon recent cases. Furthermore this article investigates the issues on identity of shipper who bears strict liability to the carrier where there exist actual or documentary shipper other than the contractual shipper. Lastly, whether it is reasonable that the transfer of strict liability to the transferee, who does not have opportunity to verify dangerous nature of the goods before shipment, by endorsing bills of lading will be discussed critically.

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A Study on the Effects of Railway Logistics Information System Quality on the shipper's Satisfaction (철도물류정보서비스 품질이 화주의 만족에 미치는 영향에 관한 연구)

  • Yang, Jae-Hoon
    • Journal of the Korean Society for Railway
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    • v.14 no.4
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    • pp.376-382
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    • 2011
  • The service quality of website has been recognized as an important factor for business productivity and affected the customer behavior. The logistics industry is no longer exceptional for these trends. This study attempts to find out relationship between the quality of railway logistics information service (reliability, availability, appearance, convenience) and the satisfaction of shipper. In the result of regression analysis, reliability and availability have effects to shipper's satisfaction. But appearance and convenience have no effects to shipper's satisfaction. The purpose of this paper is to suggest the strategy of railway logistics information service to increase the shipper's satisfaction.

Problems on the FOB Seller's Legal Status under the Rotterdam Rules (로테르담 규칙에서 FOB 계약의 매도인의 법적지위 문제)

  • CHOI, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.65
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    • pp.51-70
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    • 2015
  • The Rotterdam Rules are not phrased in favour of FOB seller's legal status. Whether it will be wise under the Rotterdam Rules to trade on the basis of cash against M/R largely depends on the interpretation of various provisions of the Rotterdam Rules. To protect his interests the M/R holder and his assigns must have a right of delivery of the cargo at the port of destination. The M/R holder and his assigns must be entitled to the bill of lading or at least be able to prevent the carrier from issuing the bill of lading to the shipper. Besides, any additional right of instruction on the part of the shipper must be blocked. Article 35 of the Rules entitles only the shipper to the bill of lading while 47 entitles only the holder of the bill of lading to delivery. When no bill of lading has been issued Article 45 grants to the shipper a right of instruction whereby the shipper is allowed to advise the carrier as to the name and the address of the consignee. I have suggested that by lack of a specific provision to the contrary the Rotterdam Rules have to be considered to be embedded in the system of law as a whole. From the Common Law it follows that a M/R holder, as owner of the cargo, can ask for delivery of the cargo. As owner of the cargo a M/R holder can also claim the bill of lading, if he does so in time, because it must be implied in the contract of carriage that the carrier must deliver the bill of lading to the owner of the goods. It is for the same reason that a M/R holder can prevent the carrier from issuing the bill of lading to any third party but the M/R holder and from taking instructions from the shipper as to name and address of a consignee other than the M/R holder.

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Measures to Use Logistics Policy to Activate the Known Shipper System in Korea (우리나라 상용화주제 활성화를 위한 물류정책 활용 방안)

  • Kwak, Bong-Hwan;Kang, Dong-Yoon
    • Journal of Digital Convergence
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    • v.11 no.4
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    • pp.139-145
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    • 2013
  • This study examines the logistics policy and system to activate the air freight known shipper system in Korea in order to suggest how to use the system necessary to convert and expand common shippers into known shippers. Even though "The Act on Aviation Safety and Security" and "Air Freight Security Criteria for Known Shippers" were revised in 2012 and 2011 each, the purpose was to regulate procedures to control aviation safety and security and air also freight security, so it does not include any measures to activate the known shipper system. Therefore, to activate the known shipper system, this study suggests measures to use the logistics security support system of "The Fundamental Law on Logistics Policy" revised in 2012, the logistics cooperation system, and consulting support as well.

An Empirical Study on the Shipper′s Decision Making Process of Liner Shipping Services : Primarily on the Information Search (정기선 해운서비스의 구매의사 결정에 관한 연구 - 정보탐색을 중심으로 -)

  • 이정관;신한원
    • Journal of the Korean Institute of Navigation
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    • v.24 no.1
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    • pp.73-84
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    • 2000
  • Shipping industry continues to face dramatic changes in its environment ranging from development in containerization, computerization and telecommunications to the emergence of global marketplace. Perhaps the most significant trend - representing both a threat and opportunity - is the increasingly competitive nature of shipping service market. In order for the shipping companies to cope with those improvements and challenges, they should analyze and clarify customer's DM(decision making) process for the purchase of container shipping service. The major research findings from the study were found as follows; 1) The degree of shipper's involvement in purchasing shipping services was found to be a discriminating variable affecting the information sources consisting of personal and non-personal information sources. 2) The positive relationship was found between the experiences on shipping services and non-personal information sources. 3) It was observed that as people had more experience searching for information, the more in depth their searches became. 4) There existed a positive relationship between knowledges on shipping services and information search. 5) According to the SEM analysis, the shipper's information search on shipping services was also found to have a great influence on the shipper's purchasing behavior. The shipper's search was resulted in positive customer satisfaction.

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Handling of Dangerous Goods Under Charterparties - Focusing on Anglo/American Law and Practicies - (용선계약하에서 위험물취급에 관한 고찰 -영미법논리를 중심으로-)

  • Kim, Sun-Ok
    • International Commerce and Information Review
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    • v.11 no.1
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    • pp.291-308
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    • 2009
  • The implied obligation under the contract of affreightment not to carry dangerous goods without prior notice to the carrier applies to the contractual relationship between the charterer and the owner under charterparties. The charterers will be in breach of an implied undertaking under the common law if they load dangerous cargoes without making notice of dangerous nature of them to the owner. It is indicated to be necessary to change the term "shipper" to "charterer", with relation to such implied obligation, where the Hague/Hague-Visby Rules are incorporated into the charter, however, it is not so apparent where an actual shipper is involved. So long as an actual shipper could be identified, the shipper rather than the charterer shall be responsible for damages arising from the dangerous nature of the cargo itself. In this case, the actual shipper is interpreted to have an implied contractual relationship with the carrier just by the act of delivering the cargo to the carrier for loading. If the vessel were damaged by shipment of the dangerous cargo under charterparty, the carrier can claim against such damages based on the contractual obligations under charterparties: "implied and expressed duty not to ship dangerous cargo without notice to the carrier"; "Art.IV.6 of the Hague/Hague-Visby Rules"; "Indemnity Clause" and "Redelivery Clause". The carrier has the conventional right under the Hague/Hague-Visby Rules to land, destroy or render the goods innocuous where the dangerous cargo threatens the means of transport or other interests on board. When the carrier has not consented to make the shipment, the carrier's disposal right could be exercised without limitation. However, where the carrier has consented to make the shipment of the dangerous goods with the knowledge concerned, the right of disposal of such goods should be exercised with limitation.

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A Study on the Effect of Logistics Consignment Characteristics of Export Shippers on the Formation and Continuation of Transactions with Forwarders (수출 화주기업 물류위탁 특성이 포워더와의 거래형성과 지속에 미치는 영향 연구)

  • Yoon-Jin Roh;Tae-Woo Kim
    • Korea Trade Review
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    • v.47 no.4
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    • pp.255-270
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    • 2022
  • If import/export shippers entrust their international logistics activities to forwarders, they can receive good logistics services at a lower cost. Therefore, it is important to form a trading relationship between the export shipper company and the forwarder, and it helps to improve the competitiveness of the company. This study derives factors that an export shipper company forms a transaction relationship with a forwarder, and analyzes the effect of transaction formation factors on transaction continuity. Next, the relationship between export consignment characteristics of export shippers and their influence on transaction formation factors and transaction continuity is identified. As a result of the study, transaction formation factors consisted of price, quality, and companionship, and all factors were found to affect transaction continuity. The characteristics of consignment logistics for shippers are the proportion of consignment, the number of business partners, and the transaction period. The proportion of consignment and the number of business partners affected the price factor, and the number of business partners affected the quality factor. There was no mutual influence between the transaction continuity and the characteristics of the shipper's logistics consignment. Therefore, there is a need for recognition of a relationship that can grow between shippers and logistics companies through consignment transactions rather than subordinate recognition based on fair transactions.

An Analysis on an Action about Port Choice of Shipper using Fuzzy-Neural Network (퍼지-뉴로를 이용한 화주의 항만선택 행동 분석)

  • Jang, Woon-Jae;Keum, Jong-Soo
    • Journal of Navigation and Port Research
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    • v.31 no.8
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    • pp.725-731
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    • 2007
  • This paper aims to analyze an action about a port choice of shipper between two ports. For this propose, this paper analyzed a port choice action for Kwangyang and Busan port using a fuzzy logic and neural network. Also, this paper compared classification performance of fuzzy-neural network to Logit model, and analyzed a port choice action into change Para-meta such as freight volumes and service standard.

A Study on the Heuristic-Based Yard Crane Scheduling Method Using Truck Arrival Information (트럭 도착 정보를 활용한 휴리스틱 기반 야드 크레인 스케줄링 방법)

  • Hwang, Sung-Bum;Jeong, Suk-Jae;Yoon, Sung-Wook
    • Journal of the Korea Society for Simulation
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    • v.28 no.4
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    • pp.45-56
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    • 2019
  • Literatures have considered mathematical model that change the job order of shipper for improving the operation time of yard crane. However, on the real site, it is impossible to change the job order decided according to the shipper's arrival order. Therefore, operation managers have been utilized the relatively simple strategy that job control is better but the process time of yard crane is longer due to the growth of yard crane's interference time and empty drive time. This study proposed a new yard-crane scheduling approach that decided the job order before the shipper's truck arrived the yard terminal. We utilize the Container Pre-Information Notice estimating the arrival time of truck. We developed the container terminal simulation model for validation of the effect of proposed scheduling approach. The results show that the proposed scheduling reduced the interference delay time and empty moving time of yard crane and shipper's truck delay time.