• 항공우주정책ㆍ법학회지
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• 제4권
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• pp.7-35
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• 1992

The expansion of air transport on a global scale with ever increasing traffic densities has brought about problems that must be solved through new multilateral mechanisms. Looking to the immediate future, air transport will require new forms of international cooperation in technical and economic areas. Air transport by its very nature should have been a counterforce to nationalism. Yet, the regulatory system in civil aviation is still as firmly rooted in the principle of national sovereignty as when it was first proclaimed at t-11e Paris Convention of 1919 and reaffirmed in the Chicago Convention. Sovereignty over the airspace has remained the cornerstone of relations between states in all respects of air transport. The importance of sovereignty over air space embodied in article 1 of the Chicago Conrenton also is responsible for restricting the authority of ICAO as an intergovernmental regulatory agency. The Orgenization, for all its extensive efforts, has only limited authority. ICAO sets standards but cannot enforce them; it devises solutions but cannot impose them. To implement its rules ICAO most rely not so much on legal requirements as on the goodwill of states. It has been forty-eight years since international community set the foundations of the international system in civil aviation action. Profound political, economic and technological changes have taken place in air transport. The Chicago Convention is living proof that staes can work together to make air transport a safe mode of travel. The law governing international civil auiation is principally based on international treaties and on other regulation agreed to by governments, for the most part through the mechanism of ICAO. The role of ICAO international standards and recommended practices and procedures dealing with a broad range of technical matters could hardly be overestimated. The organization's ability to develop these standards and procedures, to adapt them continuously to the rapid sate of change and development of air transport, should be particularly stressed. The role of ICAO in the area of the development of multilateral conventions on international air law has been successful but to a certain degree. From the modest starting-point of the Tokyo Convention, we have seen more adequate international instruments prepared within the scope of ICAO activities, adopted: the Hague Convention of 1970 for the suppression of Unlawful Seizure of Aircraft and the Montreal Convention of 1971 for the Suppression of Unlawful Acts against the Safety of Civil Aviation. The work of ICAO in the new domain of international law conventions concerning what has been loosely termed above as the criminal problems connected with international air transport, in particular the problem of armed aggression against aircraft, should be positively appreciated. But ICAO records in the domain of developing a uniform legal system of international carriage by air are rather disappointing. The problem of maintaining and developing the uniformity of this regulation exceeds the scope of interest and competence of governmental transport agencies. The expectations of mankind linked to it are too great to give up trying to restore the uniform legal system of international air carriage that would create proper conditions for its further growth. It appears that ICAO has, at present, a good opportunity for doing this. The hasty preparation of ICAO draft conventions should be definitely excluded. Every Preliminary draft convention ought to be sent to Governments of all member-States for consideration, So that they could in form ICAO in due time of their observation. The problom of harmonizing a uniform law of international air carriage with that of other branches of international transport should demand more and more of its attention. ICAO cooperation with other international arganization, especially these working in the field of international transport, should be strengthened. ICAO is supposed to act as a link and a mediator among, at times the conflicting interests of member States, serving the happiness and peace of all of the world. The transformation of the contemporary world of developing international relations, stimulated by steadily growing international cooperation in its various dimensions, political, economic, scientific, technological, social and cultural, continuously confronts ICAO with new task.

• 항공우주정책ㆍ법학회지
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• 제23권1호
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• pp.189-206
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• 2008

• 무역상무연구
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• 제77권
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• pp.145-168
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• 2018

The purpose of this paper is to introduce the limitation of liabilities of multimodal transport operators(MTO) in Korea. Also, this paper reviews the revised draft of Korean Commercial Code in 2015. This paper analyzes Korean multimodal transport systemand the limitation of liabilities of MTO by analyzing articles, regulations and practices of Korean Commercial Code and it's the draft in 2015. The paper, also, studies multimodal transport rules by comparing specifically international treaty, rules, or practices. In Korea, Article 816 of Commercial Code treats multimodal transportation adopting the network liability regime. The Article describes only the case of the multimodal transportation where the maritime carriage is engaged. Korea proposed the draft of multimodal transport regulation of Commercial Code in 2015 because present law could not apply for the multimodal transportation involved in the air or land carriage. This paper support the draft of Korean Commercial Code in 2015 because it is necessary to make a predictable legal system of multimodal transport and the limitation of liability reflecting practices or customs.

• 무역상무연구
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• 제20권
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• pp.369-385
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• 2003

Contracts of carriage evidenced by bill of lading which are made between carrier and unidentified number of the shipper are to a large extent regulated by statute law such as Hague-Visby Rules and Hamburg Rules. These rules qualifies the contractual liberty of parties and especially restrains the carrier from introducing exemption from his liability beyond those admitted by the Rules. However, these Rules are applied only to goods in respect of which a bill of lading or similar document of title has been issued. In this reason, it is possible that liability of carrier in respect of goods shipped could become an issue where electronic bill of lading is used instead of paper bill of lading because electronic bill of lading is not generally recognised document of title in existing rule. Thus, this article discuss the relation between the carrier who create electronic bill of lading and the Rules regulating liability of carrier. Also, new Rules which has been examining in UNCITRAL will be introduced.

• International Journal of Computer Science & Network Security
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• 제22권6호
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• pp.109-114
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• 2022

The article is devoted to analyzing the police influence on road safety formation. The globalization processes confirm the study's relevance, provoking population mobility and the need to increase freight traffic. The study aims to identify the factors that affect road safety and the activities of the police and the EU transport safety units. An empirical analysis using factor analysis, correlation analysis, and general scientific methods of cognition were carried out to achieve the goal. The analysis results found that the number of police officers affects road safety, but not in all countries, which confirms the importance of other factors. Based on the analysis results of the scientific literature, the factors affecting transport safety are legislative regulation, the use of innovative technologies, transport infrastructure, geography, and psycho-physical and emotional drivers factors. It has been proved that the police authorities and units cannot fully ensure transport safety in the European Union because the safety is formed by a complex of actions by the state and road users.

• 대한교통학회지
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• 제5권1호
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• pp.85-99
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• 1987

The transport a administration in Korea is meeting demands of developing international multimodal transport system. In the past, as Korea transport policy has been emphasizing on the passenger traffic, the physical distribution sector is far behind international trend. Regarding the urging necessities of reducting costs in transport in order to upgrade the competitive edge of industries, Korea has to develop the most efficient transport system so called international multimodal transport system. The existing transport system is inefficient because each transport mode is separate, so this system is aiming at reducing cost and time and developing freight transport. The scope and scheme of this thesis should be as following. Chapter 2. Systems Approach of International multimodal transport 1. general systems theory 2. definition of International multimodal transport system 3. MTO (multimodal transport operator) Chapter 3. Current Situation and Problems of this System. 1. international law and practice 2.current situation A. Europe B. U.S. C. Japan D. Korea Chapter 4. Policy Goal for Improving this System Chapter 5. conclusion.

• 무역상무연구
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• 제43권
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• pp.101-115
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• 2009

More than two years have passed since the latest UCP, Uniform Customs and Practice for Documentary Credits, 2007 Revision, ICC Publication No.600 became valid on July 1, 2007. There has been a lot of confusions in connection with the interpretation of the new UCP since July 1, 2007. Especially the transport document articles of the new UCP are the most confusing ones. Therefore, this work intends to study some points for practical attention of transport documents in the UCP 600. Transport documents can be divided into two kinds of documents such as marine transport documents and other transport documents. But most sellers and buyers distinguish two kinds of transport documents : the document of title and the document of non-title. Most traders consider the document of title importantly and ignore the document of non-title.

• 무역상무연구
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• 제75권
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• pp.71-94
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• 2017

The Rotterdam Rules is the first international maritime carriage of goods Convention that acknowledge electronic records of contracts of carriage. The Rules have developed separate chapter in relation to electronic transport records' issuing, transfer, etc. This paper aims to evaluate Rotterdam Rules' contribution to the use of electronic transport records. To achieve the aims firstly this paper have examined the related articles of Rotterdam Rules, Secondly in practical aspects, this paper explores the opportunities and obstacles which could be happened in practical procedures, applicable to transport industry, shipper and holder of electronic transport records. Findings could be summarized as follows, first the Rules shows high acceptability to whom it may involved in transport industry by simplify the contents of the Rules to avoid conflict with each countries' national laws. The Rules acknowledge the functional equivalence between paper and electronic transport records in specific provisions. This could be important development to facilitate the use of electronic transport records. But the Rules have not mentioned liability limit of transport industry when the problems arise from issuing, tele-transmission, transfer of the records. And the secure of the functional equivalence between paper and electronic transport records also could be remained in uncertain regime due to different stance of each national laws.

• 무역상무연구
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• 제40권
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• pp.147-167
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• 2008

This paper investigates changing business transaction under the e-commerce environment and their implications on freight transport industry with some case studies. It shows that an efficient and reliable delivery system is essential for e-commerce as business industries are faced with the stricter and more diversified demands of customer. In addition, many aspects of business practices such as small batch, customized production and just-in-time distribution in the e-commerce environment, in turn, bring about a number of changes in the volume and service patterns of freight transport. E-commerce requires longer transport distances and often higher delivery frequencies. It also entails to a certain extent a modal shift towards truck and air freight transport modes. On the one hand, the logistical requirements of e-commerce goods may stimulate greater complexity in existing supply chain management, causing higher costs. However it is true that the increased visibility of goods through more efficient information flow allows more efficient and effective transport management in the logistics system.

• 무역상무연구
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• 제44권
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• pp.181-210
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• 2009

This paper discusses global expansion and global strategies of shipping firms. Acknowledging the lack of research on global expansion by freight transport companies, this paper employs the resource-focused model, and explores "why shipping companies emerge" and "why the strategic behaviour of shipping companies is different in the global market". Despite there being a plethora of theoretical and empirical studies on the international operations of business organisations, it is acknowledged that researchers have largely neglected the issues regarding the international expansion within the freight transport industry. Identifying the general lack of contemporary studies concerning the international behaviour of shipping firms, this study addresses the important gap in our knowledge in the theoretical manner. The theoretical analysis suggests that the shipping company's internal resources can be a real reason for the international market participation.