• Title/Summary/Keyword: maritime law

Search Result 402, Processing Time 0.026 seconds

A study on Problems of Charterparty for Tug & barge Ship which Employed in Marine Construction and its Systematic Improvement Plan (해상공사에 투입된 예·부선 용선계약의 문제점과 개선방안에 관한 연구)

  • Jang, Yeong-Jun
    • Journal of Navigation and Port Research
    • /
    • v.38 no.5
    • /
    • pp.471-477
    • /
    • 2014
  • In general, a regular charterparty form is used as a charterparty for tugboats which are employed in marine construction and a bareboat charter form is generally used for barge boat charterparty. As the tug-barge charterparty which are currently used do not have a standardised form, contracting parties arbitrarily decide on the terms and conditions of the contract. As a result, provisions of the charterparty usually do not specify in the contract which party bears the burden of liability in case of accident. Furthermore, the terminologies used in the charterparty are different from legal terms of current commercial law which causes confusion. These problems can be solved mostly by clarifying the legal character of the charterparty between the contracting parties and by conforming the terminologies. In addition, endeavour to standardise the contract form must be carried forward at the same time. This research purports to study actual condition of current charterparty for tug-barge ship which are employed to marine construction and to suggest systematic improvement plan. For this purpose, this research focuses on studying cases in which dispute arose due to lack of clarity in the provisions of the contract with regard to which party bears the burden of liability in case of accident. This research also purports to suggest forming the standardised contract terms of the charterparty as one way of solution and examine matters to be attended in writing a standardised form.

[ $CO_2$ ] Sequestration in Geological Structures in the Maritime Area: A Preliminary Review (이산화탄소 해저 지질 구조 격리: 기술 현황과 제도 예비검토)

  • Hong, Gi-Hoon;Park, Chan-Ho;Kim, Han-Joon
    • Journal of the Korean Society for Marine Environment & Energy
    • /
    • v.8 no.4
    • /
    • pp.203-212
    • /
    • 2005
  • Anthropogenic emissions of greenhouse gases, particularly carbon dioxide($CO_2$) which arises mainly as wastes from the fossil fuel burning processes, are causing global warming. The effects of global warming become increasingly felt all over the world including sea level rise and extreme weather. The more direct consequences of the elevated atmospheric $CO_2$ on the ocean is the acidification of the surface ocean which brings a far reaching adverse impact on the life at sea and probably on the whole ecosystem of the planet. Improvement in energy efficiency and use of alternative energy sources are being made to reduce $CO_2$ emissions. However, a rapid transition to alternatives seems unachievable within a few decades due to the constraints on the associated technology and socio-economic factors in the world, since fossil fuels make up approximately 85% of the world's commercial energy demands. It has now been recognized that capture and geological sequestration of $CO_2$ could significantly reduce its emissions from fossil fuel utilization and therefore provides the means to rapidly achieve large reductions in $CO_2$ emissions(excerpts from London Convention, LC/SG 28, 2005). In Korea, well-developed sedimentary basins are spread over the vast continental shelf and slope regions, whereas, the land is densely populated and limited in area. Consequently, the offshore area is preferred to the land for the sites for geological sequestration. The utilization of the offshore area, however, may be subject to international agreements including London Convention. In this paper, the recent trends in technologies and regulations for $CO_2$ capture and geological sequestration are described to encourage its applications in Korea.

  • PDF

A Study on Value Evaluation of Smart Intermodal-Transfer Service (복합환승센터 스마트환승정보서비스에 대한 이용자 가치 추정 연구)

  • Lim, Jung-Sil;Kim, Sung-Eun;Lee, Chunl-Ki
    • The Journal of The Korea Institute of Intelligent Transport Systems
    • /
    • v.11 no.4
    • /
    • pp.19-33
    • /
    • 2012
  • Ministry of Land, Transport and Maritime Affairs prepared the method to update traffic connection system by amending "National Transport System Efficiency Act(hereinafter Act)". The key is a development of Intermodal Transfer Center. The law and guideline related with Intermodal Transfer Center requires the installation and operation of transfer information guide facility to improve user's convenience. However, there are no sufficient studies that can be used as references for the method to construct transfer support information system related with user's preference. The study performed the research about user's service satisfaction in relation with transfer support information service, which was embodied in model operation process, on the basis of transfer support information system of Intermodal Transfer Center applied to Gimpo Airport. The analysis result about service preference, importance of each supplied information, service satisfaction and consideration for service embodiment can be used as a guideline to embody the user information service of Intermodal Transfer Center. In addition, through CVM, the study estimated and proposed the service valuation of smart intermodal transfer service that provides customized information to cope with user's situation and traffic means operation status among transfer support information service. It is determined that the study will measure the benefit of Intermodal Transfer Center user by using monetary value when smart intermodal transfer service is supplied and provide the ground to expand high-tech transfer information service with high usefulness and convenience.

A Study on the legal system to trace the bycaught whale and dolphin meat in the market (혼획 고래 유통 이력 추적을 위한 제도 개선 방안 연구)

  • Sohn, Hawsun;Hong, Boga;Kim, Min Ju;Kim, Suyeon
    • Ocean policy research
    • /
    • v.33 no.2
    • /
    • pp.183-204
    • /
    • 2018
  • Whaling has been banned in Republic of Korea after the declaration of the moratorium on the commercial whaling by the International Whaling Commission (IWC) since 1986. Korean government followed the moratorium immediately. However whale meat market has been kept by the bycaught whales and dolphins. So Korean government established a rule to control and trace whale meat in the market in 2011. The rule has some loopholes to allow illegally taken whale meat smuggle into the market. This study investigates the flaws in the current rule and recommend the way to overcome that defects. The first step is to prevent the entry of the illegal whale meat into the market. Minor change of the current law would be a solution. The next measure is to increase the sampling rate of the whale DNA that allowed to distribute in the market. The DNA database would be a powerful tools to identify illegal whale meat which is existing in the market. Korean government is operating three kind of food traceability systems. However, because of the legal limitations and the opposition of the non-governmental animal rights organizations, it is difficult to include whale meat to the existing systems. So the last step is to establish a new Traceability System with a state-of-the-art IT technology like as blockchain. The three measures mentioned above would increase the transparency in the whale meat market and prevent the entry of the illegal products.

A Study on Microorganism Dominant Species in Bench-scale Shipboard STP Using Combined SBR and MBR Process (SBR 및 MBR 복합공정을 적용한 Bench-scale Shipboard STP에서의 미생물 우점종에 관한 연구)

  • Choi, Young-Ik;Shin, Dae-Yeol;mansoor, Sana;Kwon, Min-Ji;Jung, Jin-Hee;Jung, Byung-Gil
    • Journal of the Korean Society for Environmental Technology
    • /
    • v.19 no.6
    • /
    • pp.550-555
    • /
    • 2018
  • International Maritime Organization (IMO) is one of the most effective organizations in evolving international law for the protection and conservation of the marine environment. The IMO, MARPOL(Marine Pollution) 73/78 contains six Annexes that provide an overarching framework for the objectives of the international marine pollution. Annex IV was regulated by 64 th resolution in 2012 to control sea pollution from sewage. In 2014 large-scale wastewater treatment and nutrient removal device was developed with a grant from the Ministry of Oceans and Fisheries. A combined new process of Sequence Batch Reactor (SBR) and Membrane Bioreactor(MBR) was developed to overcome the pollution caused by shipboard sewage. In the present study, shipboard sewage wastewater was treated by mixing and aeration cycle in the newly developed SBR process. Furthermore, during analysis by NGS technique(Macrogen Co., Ltd.), dominant species of bacteria were found in the aeration tank of the Bench-scale wastewater treatment facility. Bacteroidetes and Gammaproteobacteria accounted for 27.1 % of the aerobicbacteria and 16.8 % of the anaerobicbacteria, respectively. Microorganisms play a vital role in shipboard wastewater treatment. A further detailed study is required to understand the precise role of the microorganisms in the wastewater treatment.

Hydrological Characteristics of the Underground Discharge at Moolgol in Dokdo, Korea (독도 물골 지하유출수의 수문학적 특성)

  • Woo, Nam C.;Lee, Dong Y.;Park, Jong H.;Kim, Yoon B.;Woo, Min S.;Park, Chan H.
    • Economic and Environmental Geology
    • /
    • v.55 no.1
    • /
    • pp.45-51
    • /
    • 2022
  • Whether Dokdo can sustain human habitation or economic life of their own plays an important role to the legal status of the island in the international maritime law. This study reports the hydrological survey results regarding the water resource of the island occurred at Moolgol in Seodo. The amount of underground discharge at Moolgol was estimated at least 1.1 m3/d, conforming the results of previous studies. Based on the oxygen and hydrogen isotope ratios of water, the discharge appeared to originate from precipitation, and about 36% of the daily precipitation moves fast to the Moolgol through the joints developed in the volcanic bedrocks. Quality of the discharged water shows relatively higher concentrations in Cl and NO3 to be used for drinking and domestic purposes, probably affected by the sea spray and waves from surrounding sea and the birds' excretion such as black-tailed gulls.

A Study on the Improvement Measures for the Safe Maneuvering of Passenger Ships in Port Area through Analysis of Marine Accidents (여객선 해양사고 분석을 통한 안전한 항내조선 개선방안에 관한연구)

  • Chong, Dae-Yul
    • Journal of Navigation and Port Research
    • /
    • v.46 no.1
    • /
    • pp.18-25
    • /
    • 2022
  • MOF strengthen the law and institutions for safety management after the capsize accident of passenger ship "Sewol" on April 16, 2014. Nevertheless, about 13 cases of marine accidents such as collisions, contact, and stranding have occurred in coastal passenger ships over the past 5 years. Particularly, according to the judgment of KMST, most of the main causes of passenger ship accidents occurred within harbor areas because of the master's improper ship-handling or inattention. And so, this study analyzed four cases of marine accidents on passenger ships that occurred in the port areas and examined the environmental, institutional, material, and human factors that contributed to the master's improper ship-handling and behavior, and the results are as follows. First, as an environmental factor, the size of the turning basin was not enough. Second, as an institutional factor, the VTS control was not properly supported, the master lacked sufficient training for safe ship-handling in the port area and up-to-date charts were not provided. Third, as a material factor, the digital type speed log capable of the ship's speed in real-time was not installed on the ship's wing bridge. Lastly, as a human factor, the master could not take proper bridge resources and the passage plan was not proper. Therefore, it is suggested in this paper that the size of the turning basin should be adjusted to meet the prescribed standards, the master of passenger ships should receive the ship-handling simulation training among other safety training to ensure safe ship-handling of the master in the port area as improvement measures.

A Study on the Liability for Third Party's Damage on the Time Charter-parties (정기용선계약에서 제3자 화물손해 책임에 관한 연구)

  • Shin, Hak-Sung
    • International Commerce and Information Review
    • /
    • v.15 no.2
    • /
    • pp.285-313
    • /
    • 2013
  • By the revision of the Commercial Code of Korea in 1991 and 2007, some provisions for the regulation of Time Charterparty have been introduced into our own maritime law system. But, those provisions are in their nature mainly the reproduction of the provisions prescribed in the standard forms of time charterparty which are widely used, such as BALTIME Charter and NYPE Form, and the subject matters of their regulation are restrictive, so that the applicability of the provisions is not desirable. The cargo is lost or damaged, the cargo owner should seek compensation form, or sue, the carrier as, traditionally, under the COGSA, the cargo carrier is responsible for loss of damage of cargo. However, it is difficult to determine who is the responsible carrier under charters. There is no test to determine the carrier, but the courts in every country generally consider the bill of lading. Although the master has general authority to sign bills of lading on behalf of the shipowner, he can also sign bills of lading for, and on behalf of, the charterer. In this case, the charter is considered the carrier. Furthermore, the charterer is authorized to contract with third parties on behalf of the shipowner and, as such, the responsible carrier is the shipowner. Therefore, when determining the carrier we should examine carefully the all factors and the circumstances surrounding the case. Also, negligence of a captain of a time-chartered ship causing damages to a third party. It will analyze the legal character of a time-charter contract, review judicial precedents on time-charter. The Inter-Club Agreement was drawn up and is intended to be a somewhat easier way of allocating liability for cargo claims between owners and charterers and, although there is still scope for disputes to arise, the Inter-Club Agreement does in fact to some extent make the allocation of liabilities for cargo claims easier. Finally, it will also make legislative suggestions to resolve complex issues involving maritime transportation contracts under the current Commercial Code.

  • PDF

A Study on Piracy Matters and Introduction of the Privately Contracted Armed Security Personnel on Board Ships (해적사건 대응을 위한 무장경비원제도 도입방안에 관한 연구)

  • Roh, Ho-Rae
    • Korean Security Journal
    • /
    • no.41
    • /
    • pp.293-326
    • /
    • 2014
  • Piracy is a worldwide issue, but the deteriorating security situation in the seas off Somalia, the Gulf of Aden and the wider Western Indian Ocean between 2005 and 2012 and in the increasing number of attacks in the Gulf of Guinea are a major problem. The depth of concern for the problem internationally is amply demonstrated by the levels of co-operation and coordination among naval and other forces from several countries that have assembled in the west Indian Ocean region and the Gulf of Aden to escort ships carrying humanitarian aid to Somalia and to protect vulnerable shipping. Notwithstanding this unprecedented effort, the vast sea area in which the pirates now operate makes it difficult to patrol and monitor effectively, particularly with the limited resources available. More resources, in the form of naval vessels and aircraft, are needed and at every opportunity the IMO encourages Member Governments to make greater efforts to provide the additional naval, aerial surveillance and other resources needed through every means possible. IMO provide interim guidance and recommendations to be taken into account when considering the use of PCASP(privately contracted armed security personnel) if and when a flag State determines that such a measure would be lawful and, following a full risk assessment, appropriate. The interim guidance and recommendations of IMO are not intended to endorse or institutionalize the use of armed guards. Therefore, they do not represent any fundamental change of policy by the Organization in this regard. It is for each flag State, individually, to decide whether or not PCASP should be authorized for use on board ships flying their flag. If a flag State decides to permit this practice, it is up to that State to determine the conditions under which authorization will be granted. Therefore, Korea should be introduced rationally PCASP for safe shipping. PCASP on board ships is much the same to special guard personnel of security services industry act. Act plan of Oceans and fisheries ministry on PCASP collides with special guard personnel system of National Police Agency. Rather than new law making, PCASP regukations have to be included in security services industry act. Management Agency of PCASP is to not Oceans and fisheries ministry, but Central Headquarters Korea Coast Guard of Public Safety and Security Ministry because of specialty and closely connection.

  • PDF

Study on the Patterns of Helicopter Emergency Medical Services in Ullung Island (울릉도 지역의 헬리콥터를 이용한 응급환자 후송 실태)

  • Kim, Tae-Hun;Lim, Hyun-Sul;Lee, Kwan
    • Journal of agricultural medicine and community health
    • /
    • v.27 no.1
    • /
    • pp.115-123
    • /
    • 2002
  • Objective: The aim of this study was to evaluate the patterns of helicopter emergency medical services (HEMS) in Ullung Island. Methods : The authors reviewed the records from emergency room diaries and the lists of helicopter transfers in the Ullung Public Health Medical Center over the 5-year period from Jan 1, 1997 to Dec 31, 2001. Results : One hundred thirteen cases were transferred by helicopters in 88 flights. According to year, the number of flights was 13(14.8%) and the number of cases was 15(13.3%) in 1997; 17(19.3%) and 21(18.6%) in 1998; 18(20.5%) and 20(17.7%) in 1999; 17(19.3%) and 20(17.7%) in 2000; and 23(26.1%) and 37(32.7%) in 2001. According to the kind of helicopter, the number of flights was 46(52.3%) and the number of cases was 60(53.1%) by Maritime police; and 19(21.6%) and 28(25.1%) by 119 rescue. According to time zone, there were no night flights. According to sex and age, there were 75 male cases(66.4%) and 28 cases(28.3%) of patients aged sixty years and over. The number of flights was 11(12.5%) and the number of cases was 15(13.3%) in November; 10 flights(11.4%) and 14 cases(12.4%) in March; and 7 cases(8.0%) in each of September, October and April. The most common season of helicopter transfer cases was autumn. According to transfer area, there were 48 cases (42.5%) in Pohang city, Gyeonsangbukdo; 35(31.0%) in Gangnung city, Gangwondo; and 17(15.0%) in Daegu metropolitan city. According to condition, there were 27 cases(23.9%) of cerebro-vascular accident, 13(11.5%) of fracture and 11(9.7%) of head injury. According to admission department, there were 42 cases(37.2%) in Neurosurgery, 21(18.6%) in Internal Medicine and 13(11.5%) in Orthopedic Surgery. According tothe Korea Standard Classification of Disease(3-KSCD), circulatory systemic disease(IX) and injury, intoxication and others (XIX) were the two most frequent categories with 34 cases(30.1%) each, followed by digestive system disease (XI) with 23 cases(20.4%). Conclusions : HEMS in Ullung Island leave much to be desired. Helicopters cannot make a night flight and are not equipped with medical facilities. HEMS in islands such as Ullung Island are essential. We hope that night flights, equipment-monitoring systems for emergency patients in the helicopters, and a law related to HEMS in the island will all be established.

  • PDF