International Commercial Terms, known as "Incoterms", are internationally accepted terms defining the responsibilities of exporters and importers in the arrangement of shipments and the transfer of liability involved at various stages of the transaction. The latest version of Incoterms rules were revised in 2010, so called Incoterms$^{(R)}$ 2010 which is the eighth set of pre-defined commercial terms published by the International Chamber of Commerce(ICC) in 1936. It has been already past 5 years since Incoterms$^{(R)}$ 2010 became effective January 1, 2011. At this point, we should examine the latest version of Incoterms whether the rules are not satisfied with the practical commerce because the customs and practices of commerce change constantly. The main purpose of this article is to seek a difference between the present commercial customs and practice and the rules of Incoterms$^{(R)}$ 2010. In addition, if there is any difference between them, an alternative resolution would be suggested. This article exercises the process of transition of the Incoterms rules, especially CIP, DDP, and CIF among 11 rules of Incoterms$^{(R)}$ 2010. Then this article provides some feasible alternatives to attempting to resolve some regulation problems of CIP, DDP, and CIF in the Incoterms$^{(R)}$ 2010. For examples, the practical meaning is different between "if customary or at the buyer's request" and "if agreed or customary" in CIF and CIP, especially a negotiable documentary being used. Furthermore, the interpretation of transfer of risks on the afloat goods in string sales in CIF term.

This study primarily concerns the various franchisor's duties provided under the Draft Common Frame of Reference (here-in-after DCFR) in comparison with those under Korean law. It particularly focuses on the followings. First, it scrutinizes the rules on the scope of application in a comparative way, focusing on the following questions; what is the definition of a franchise contract and what are the essential elements of such contract. Second, it investigates in a comparative way the provisons as to the franchisor's contractual duties as follows; 1) a duty to collaborate actively and loyally and coordinate their respective efforts, 2) a duty to provide the franchisee with adequate and timely information before the contract is concluded, 3) a duty to grant the franchisee a right to use the intellectual property rights, 4) a duty to provide the franchisee with the know-how, 5) a duty to render the franchisee with assistance, 6) a duty to ensure the products ordered by the franchisee are supplied, 7) a duty to provide information during the performance, 8) a duty to warn the franchisee decreased supply capacity, 9) a duty to make reasonable efforts to promote and maintain the reputation of the franchise network. Its emphasis is particularly put on the rationals, the contents and the nature of such duties. Third, this study provides legal and practical advice to the contracting parties when they intend to insert either the DCFR or Korean law in their contract as a governing law.

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.

The insurer's right to take legal proceedings in the name of the assured against a third party who has caused loss of or damage to the goods is of particular importance in marine cargo insurance under international trade transaction. The amounts recovered in subrogation actions, known in practice simply as recoveries, form a significant element in the balancing of the cargo insurer's underwriting account by improving ing the loss record. However, even if the carrier involved in the accident have a liability for damages, in some cases can not claim damages in accordance with the after clauses and carrier's exemption clauses indemnity carrier under the contract of carriage. In recent, the dispute cases to argue damages claim of the carrier in connection with business practices of surrender B/L, the claim is dismissed cases in accordance with the Arbitration Rules of the after clauses. In the future, the surrender B/L is continually to use as a marine transport method, it may also be interested in insurance subrogation of damages claims to insurance accident by a surrender B/L.

So far several attempts have been made to digitalizing sea transport documents. Three notable examples are SeaDocs, Bolero, e-B/L Korea and Ess-Databridge. Ess-Databridge was established in 2003, with the aim of promoting the use of electronic alternative to shipping documents. The ESS-Databridge system was piloted from 2005 and went live in January 2010. The ESS-Databridge operates under a private legal outline, the Databridge Services and Users Agreement (DSUA). In the Ess-Databridge system, only the user who is in control of the original bill of lading will be able to indorse it on to another user. Once the indorsement is effected and unless the indorsee decide store turn the documents, the indorser loses control and retains access only to an electronic document marked 'copy' for its records. A feature that appears to have been crucial to the success of the CargoDocs service is that visually, e-B/Ls produced using ESS-Databridge appear identical to the paper documents. The ESS-Databridge may be even more successful if the legislators take certain steps that will increase uniformity and certainty in electronic transport documentation.

The BPO is an irrevocable undertaking given by an obligor bank to a recipient bank to pay a specified amount under the condition of a successful electronic matching of data or acceptance of mismatches. The BPO enables the participating banks to provide sellers and buyers with enhanced financing services. Therefore, BPO gives banks the tools to provide them with guarantees and other multi-banking services. All the participating banks must use the same Transaction Matching Application(TMA) for BPO business. In order to exchange BPO-related data, banks must be subscribed to the same TMA scheme. Participation in the TMA scheme is limited to banks only. The TMA is matching and workflow application as instrument to determine whether to pay the BPO or not. Therefore, TMA will have an important role to play in the business of the BPO. So, This paper is to review the mechanism of a TMA and the major business scenarios in Banking Payment Obligation Transactions. In Particular, it has been included the exchange and matching of data messages, the disposal of discrepancies, document payment and others based on URBPO. This study will be based on documentary research including swift com and icc.org and so on.

With the steady growth of our nation's economy, the purchase power of our domestic citizens has continuously enhanced. In recent years, online overseas shopping has rapidly warmed up, increasing number of Chinese people have started to purchase overseas products via internet. According to China's current legislation, the imported goods are divided into goods and items based on "profitability standard", and regulated by different rules of clearance supervision and import duties. Goods can't pass through custom and pay duties in the form of items, and the import duties burden of goods is generally much heavier than that of items. Goods of entrusted overseas shopping pass through custom and pay duties in the form of items, but goods of profitable purchasing are goods, not items. Therefore, the profitable-purchasing behavior is smuggling. Although goods of unprofitable purchasing are items, unprofitable-purchasing behavior may also constitute smuggling. The author concludes that causes of smuggling crime are: huge market demand for overseas goods, lack of customs supervision, law blank of petty foreign trade, and public's misconception of entrusted overseas purchasing are the major factors. The author proposes the corresponding preventive measures against the crime, such as to establish an one-stop service system in online Shopping Mall, to modify the Passengers' Baggage Declaration Form, to establish a relatively simplified clearance system of small cargo, to establish a relatively reasonable import duties of petty trade.

The main objective of this study is to examine the mediating effect of 'international entrepreneurship' on the relationship between the determinants related to export and export performance. Data was collected from a survey of 200 exporting firms in Gwangju, Korea. The results of the study are as follows ; First, 'international entrepreneurship' are produced a mediating effect when the determinants affect export performance. Second, Resource-based factors and Industry organization factors have a positive impacts on export performance. However, relationship factor as a determinant does not have statistically significant correlation to export performance. Accordingly, in orer to enhance export performance, exporting firms in Korea should try more to prepare for resource-based factors and industry organization factors as determinants. In addition to these, if CEOs of exporting firms are equipped with international entrepreneurship spirits, they can increase the performance of their exporting firms. So they have to manage their exporting firms very strategically so that they can make their firms' export performance better and better.