• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.11
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• pp.205-223
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• 1998

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.11
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• pp.251-278
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• 1998

• Korean System Dynamics Review
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• v.13 no.3
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• pp.47-66
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• 2012

This paper aims at investigating and identifying the factor that has led the back and forth relationship between China and the United States since 1989. Previous studies on this subject addressed the issue by taking either of two approaches: one with the micro view that interprets the back and forth relationship in the context of the end of the Cold war, on other hand, with the macro view that interprets the fragile relationship in the context of the rise of China. However, neither of the approaches explains with sufficiency the question at hand. Hence for the inquiry, this article suggests a fresh view by exploring alternative method of using a cognitive map of each nation's leader, Jiangzemin and Bill Clinton. This article provides an empirical analysis through the Selected works of Jiangzemin and the speeches of Bill Clinton in 1998 for the first time in the field of Sino-US relationship studies in Korea. With the results of the cognitive map analysis, we can reach the following four points. Firstly, indicators of the forth relationship between China and the US are: i) the recognition by Bill Clinton on the importance of China's economic growth and; ii) the US's cooperation of science technology with China. Second, the conflict between China and the US results from the discordance of opinions on the matter of human rights and military power. Second, the conflict will inevitably arise on environmental issues around the globe including a global warming. Third, while China has yet to find a legitimate reason to agree upon these issues with the US, the US urges China of its cooperation. Lastly, Both China and the US attach great importance to the alliance with Japan. This implicates that relatively, issues involving Japan take more control in the China-US relationship, than those of Korea Peninsula.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.67
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• pp.97-118
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• 2015

This study reviews the judgements by the Korean Supreme Court on the time of delivery of goods, as it depends on which bonded place the goods are kept for the purpose of the customs clearance. Thereafter, this study analyzes the Ocean Carrier's liability, when the cargoes are mis-delivered without the presentation of bill of lading in relation to the specific bonded place such as an independent bonded warehouse or a self-use bonded warehouse. Furthermore, considering that voyage charter is a kind of marine transport, this study also reviews whether or not the Court's judgements, which has been developed in respect of the carriage of affreightment, could be applied to voyage charter in respect of the time of delivery goods and the Ocean Carrier's liability for mis-delivery. Lastly, in the case that the substantial importer takes the goods from the independent bonded warehouse without the presentation of bill of lading after the customs clearance, it is noted that the Court has made the Ocean Carrier liable for the mis-delivery through the application of theory of double deposit contract. The position of the Court would be understandable in terms of the protection for the bona-fide holder of bill of lading, but this study reviews the limitation of liability as the device for the protection of the Ocean Carrier, considering the situation where the Ocean Carrier is somewhat unreasonably sacrificed under the bonded system provided for the convenience of substantial importer.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.16
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• pp.183-203
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• 2001

To accomplish international electronic commerce via the Internet, the most serious dilemma is the international payment system. The BBL is a secure and effective electronic commerce framework for the replacement of traditional paper documents by electronic messages via the Internet providing significant benefits in terms of cost savings, improved logistics and reduced errors in documentation. The most important legal obstacles in the BBL are how to secure authenticity, non-repudiation and message integrity as well as the status of negotiability equivalent to paper B/L. These kinds of functions may be carried out through the electronic title registry of the Bolero International Limited. The technical structure is supported contractually by the Bolero Rulebook. And other documents except B/L can be made out without any legal or technical problems. What are the handicaps of the BBL in its practical use at this time? I can summarize the current and expected problems as follows: First, the fee to join Bolero Association Limited is burdensome to sellers, buyers and trade related organizations all over the world. Second, the liability in errors or defaults in operating central data registry of Bolero International Limited is limited to U.S.$100,000. The amount is not sufficient to the many bulk cargo owners to cover the damages. Third, businessmen are used to traditional paper documents; therefore it takes much time for them to change their customs and practices. So the BBL and traditional papers would be used simultaneously for the time being. Finally, it is very important to incorporate the Rulebook, a multilateral contract binding on all users signed, in each domestic law, which will accomplish the uniform law basis.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.235-260
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• 2012

The CMI Rules for Electronic Bills of Lading were based on sound principles that are now reflected in the provisions of the Rotterdam Rules, which provide for the use of electronic equivalents to bills of lading. Services involving bills of lading which exist in electronic form for at least part of their lives, and which use encryption to guarantee integrity and security of these electronic records, are already being offered by a number of carriers, among them APL. The relative success of APL's system demonstrates that the use of a system which embodies the basic ideas and processes underlying the CMI Rules could easily become a practical reality in the near future. The basic principles in the CMI Rules and the Rotterdam Rules adopt a minimum requirements approach and does not flesh out the details of procedures for the use of electronic bills. This is an improvement, as it allows adaptability to future technological developments. Successful electronic bill of lading systems can only be developed in response to customer demand, and carriers are in the best position to gauge this and design systems to cater for it. APL has demonstrated this by creating a system which is tailor-made to its customers' requirements. The CMI Rules were correct in their assumption that electronic bill of lading services should be provided by carriers. They also seem to have anticipated that the switch to the electronic medium would not be sudden and complete, but would require a gradual phasing out of paper documents over a long period of time.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.285-313
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• 2011

There can be analyzed severally on the acceptance conditions of freight forwarder's transport document under UCP. First, Bills of Lading issued by forwarding agents will be refused. This can be seen in the article 20 of 1933 Revision UCP(Brochure 82) and the article 20 of 1951 Revision UCP(Brochure 151). Second, Unless specifically authorized in the credit, Bills of Lading issued by forwarding agent will be rejected. It is prescribed in the front part (a) of article 17 of 1962 Revision UCP(Brochure 222) and the article 19 of 1974 Revision UCP(Publication No. 290). Third, Acceptance conditions are different according to the type of transport documents, that is either Bill of Lading or not. It is prescribed in the art 25 and article 26 of 1983 Revision UCP. Unless otherwise stipulated in the credit, transport document issued by a freight forwarder will be rejected unless it is the FIATA Combined Transport Bill of Lading approved by the International Chamber of Commerce or otherwise indicates that it is issued by a freight forwarder acting as a carrier or agent of a named carrier. On the other hand, unless otherwise stipulated in the credit, marine bill of lading issued by a freight forwarder will be rejected, unless it indicates that it is issued by such freight forwarder acting as a carrier, or as the agent of a named carrier. Fourth, transport documents issued by a freight forwarder will be accepted. This can be found in the article 30 of 1993 Revision UCP(ICC Publication No. 500) and the article 14 l of 2007 Revision UCP(ICC Publication No. 600). According to the former unless otherwise authorized in the Credit, transport document issued by a freight forwarder will only be accepted if it is appears on its face to indicate the name of the freight forwarder as a carrier or multimodal transport operator or its agent. The latter prescribed that a transport document will be accepted if it is issued by a freight forwarder by a agent of carrier or freight forwarder itself.

• The Journal of the Korea Contents Association
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• v.12 no.12
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• pp.179-191
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• 2012

In 2003, the US Congress enacted the Code Adam Act of 2003. The Act was so-named in memory of six-year-old Adam Walsh, who was abducted from a Sears department store in Florida and was later found murdered in 1981. According to the Act, the designated authority for a public building must establish procedures for locating a child missing in a federal facility in the USA. In this context, the study basically aims to propose a legislative model for a missing children policy in Korean multi-use facilities, critically analyzing the US Code Adam Act. Unlike the Act, the proposed Korean bill requires all multi-use facilities beyond a certain size, including private buildings, to arrange a feasible missing child procedure on their own premises. The bill can impose an administrative fine on facilities which don't have the procedure in place, and further can make the list of the facilities known to the public. In order to encourage voluntary participation from the private sector, the bill finally suggests the Voluntary Certification Scheme through which participating business can take advantage of the certification logo commercially.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.35
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• pp.71-98
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• 2007

UCP 600 approved at the Banking Commission Meeting of ICC at the end of October, 2006 comes into effect from July 1, 2007. The main revision of the UCP 600 concerning the sea transport document are as follows. First, if the bill of lading contains an on-board-notation, with the date of shipment, the date stated in the on-board-notation will be deemed the date of shipment. Secondly, phrases "on its face" and "otherwise authenticated" should be eliminated. Thirdly, when an agent signs for or signs on behalf of the master, there is no longer a need for the name of master to be quoted. Fourthly, the terminology "loading on-board or shipped on a named vessel" is changed to "shipped on-board a named vessel." Fifthly, phrases "the rejection of the documents transported only by sail" is removed. Finally, new rule in UCP is the signing of a charter party bill of lading by the charterer or a named agent on behalf of the charterer. My assessment of the revision in UCP 600 is as follows: Because a freight forwarder transport document is a weaker form than a liner bill of lading as collateral, banks may need a secure measure as to protect themselves from such a weak collateral effect. we recognize that Such a weak collateral effect stemmed from the elimination of rules in UCP 500 article 30, and the admission of transport documents issued by the freight forwarder as long as any one besides carrier, shipper, and charterer satisfies the requirements of transport document clauses in UCP 600. Finally, I hope the Commentary on UCP 600 will serve to explain the ambiguities remaining in the new rules.

• Journal of Environmental Policy
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• v.9 no.1
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• pp.3-29
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• 2010

This paper explores how effectively the newly introduced planning process - California Senate Bill No. 375 will achieve the regional GHG emissions target under the California policy and planning framework and how well incentive based environmental policy might perform. The new legislation creates a future growth scenario to reduce greenhouse gas (GHG) emissions with incentives as means of implementation of AB 32 - the Global Warming Solution Act of 2006 and includes five important policy and planning aspects: 1) the role of sustainable communities strategies (SCS) as one of the key elements in their regional transportation plans; 2) planning for transportation and housing; 3) specified incentives for the implementation of SCS; 4) the regional planning approach toward reducing GHG emissions; and the role of the California Air Resources Board to establish the regional GHG emissions target. This has significant implications for regional and environmental planning with incentives - resources allocation and approval process.