• Title/Summary/Keyword: revision of INCOTERMS

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A Study on the Using Situation in Korea and Suggestions for Improvement of INCOTERMS (우리나라 무역업계의 INCOTERMS 사용현황과 개정방향에 관한 고찰)

  • Park, Kwang-So;Kim, Jae-Seong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.43
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    • pp.53-74
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    • 2009
  • INCOTERMS have been changed almost every 10 years since ICC established INCOTERMS as trade terms for International transaction. Recently transportation has become bigger, and modernized by means of electronic appliances such as RFID, IT, and containerization. FRC, FOR/FOT, FOA were added in INCOTERMS1980 and every conditions are unified into three alphabets in INCOTERMS1990. The best features of INCOTERMS2000 are that FCA substitute FRC, FOR/FOT, FOA and customs formalities were simplified to make clear for each party of contract. It seems that business circles still stick to old customs of their trade like FOB or CIF not only in Korea but in an international practice even though there have been several revisions of INCOTERMS until now. ICC have tried to provide INCOTERMS3000 to solve problems between a theory and an actual condition of international trade. This study has tried to suggest opinions against INCOTERMS3000 and has surveyed a recognition, an actual using situation and issues of INCOTERMS to get improvements. For a recognition of INCOTERMS has been spread as you can find at tables many kinds of business circles still stick to old customs of their trade terms FOB and CIF. Now there are two alternative plans. Firstly, we need to suggest improvements against inconsistency of INCOTERMS to be applied on newly revised INCOTERMS3000 and educating business circles to use proper conditions of INCOTERMS for their doing business. Secondly, we shall participate in revising INCOTERMS to activate multimodal transport conditions of INCOTERMS and provide solutions to fill gap between a theory and an actual condition of international trade. It seems that terms of multimodal transport such as FCA, CPT, or CIP can be a perfect condition for each party of contract. We have examined the inconsistent features of Ship's rail and notions of on board, and observed how to activate multimodal transport terms. These would be hot issues of next revision of INCOTERMS and we provided improvements on each trade terms, THC charges, or others against INCOTERMS.

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A Study on the Revision Direction of Incoterms in Accordance with the Change of e-Trade Customs (전자무역관습의 변화에 따른 Incoterms 개정방향에 대한 연구)

  • Jung, Woo-Kyung;Kim, Tae-In
    • Korea Trade Review
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    • v.43 no.5
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    • pp.115-137
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    • 2018
  • The ICC is amending international trade rules such as Incoterms to respond to periodically changing international trade environments. Moreover, a drafting group has been formed for developing the eighth amendment and the Incoterms. Due to the recent development of information and communication technology, interest in smart work is increasing globally. Smart work is a concept that enables works to be performed without time and space constraints, and the mobile office is a typical form of smart work. Smart work has brought significant changes to the way that workers perform their jobs, and it has considerable impacts on international trade transactions. This study examines the impact of the development of information and communication technology on electronic trade customs and analyzes the revision process of Incoterms for electronic document informatization. Also, we provide implications for the 8th amendment of Incoterms.

The Comparative Study of Incoterms 2020 and 2010 in International Physical Distribution

  • KIM, Jin-Hwan
    • Journal of Distribution Science
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    • v.20 no.4
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    • pp.101-110
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    • 2022
  • Purpose: This study is a comparative study to examine the differences between Incoterms 2010 and Incoterms 2010 through a study on the revision contents and conditions of Incoterms 2020. Research design, data, methodology: This study is composed of 5 chapters through literature study. Chapter 1 is an introduction, and Chapter 2 explains the significance and change of standard trading conditions. Chapter 3 compares Incoterms 2020 and 2010. Chapter 4 deals with major revisions and considerations of Incoterms 2020, and Chapter 5 mentions conclusions and implications. Results: In comparison with Incoterms 2020 and Incoterms 2010, first, the selection of the correct Incoterms rules was emphasized through the introduction; second, the division and connection between the sale contract and the ancillary contract were more clearly explained; and third, each Incoterms An explanatory note was presented by improving the existing guidance note for rules, and finally, the order of clauses within individual Incoterms rules was changed to further emphasize delivery and risk. Conclusions: This study pays attention to the understanding of academic content related to standard trade terms and conditions and how usefully it can be used in the business process of users in practice.

A Study on Problems and Attentive of Incoterms$^{(R)}$ 2010 Rules (Incoterms$^{(R)}$ 2010 Rules의 문제점과 대안)

  • Oh, Se-Chang
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.51
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    • pp.3-54
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    • 2011
  • The important and main purpose of revision of Incoterms rules are to adapt it to contemporary commercial practice in world trade, and to contribute to great service to foreign trade. Incoterms$^{(R)}$ 2010 revision basically focuses on trade terms to be used for any mode or modes of transport at compared Incoterms 2000 gouping in four basically different categories, and presents trade terms to be used for traditionally seaborn trade. Therefore the former is for trading in manufactured goods involved in containerization, the latter is for trading in community. This study focuses on a motive of revisions and main features of the Incoterms$^{(R)}$ 2010 rules, an outline, the problems and alternative of them. In conclusion, I would like present as follows; (1) Although they only concerned the models of delivery and critical point, they only say a few of the many factors of a sale contract, that is to say for the devision of fuctions, costs and risks between the contracting parties as supplement law, but the guestion of the legal position of Incoterms rules is various in different countries and scholars. in spite of that, it must focus on the practical application and the wide acceptance of Incoterms rules in world trade. (2) Although they present more simple and clear, unfricative, than Incoterms 2000 rules, in order to help users, the need to unify consistently and fully explanate in contents and expression. (3) Introduction and guidance note of Incoterms$^{(R)}$ 2010 rules basically focuses on the understanding of a motive of revisions as compared Incoterms 2000 rules. But it is well advised to do this on the assumption of understanding the various basic meaning of terms. (4) finally, trade concerned regulations take account of the reflection for the application to domestic and international trade according to formally reconization of availability for both trade.

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A Study on the Problems and Revision Directions of Incoterms 2000 (INCOTERMS 2000의 문제점과 개정방향에 관한 연구)

  • Park, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.46
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    • pp.3-27
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    • 2010
  • Incoterms are standard trade terms most commonly used in international sales contracts. ICC have updated six times to keep pace with current international trade practices. Amendments and additions were made in 1953,1967,1976,1980,1990 and presently in 2000. ICC is currently revising Incoterms 2000. The new edition, Incoterms 2010, is expected to enter into force on 1 January 2011. In this paper, I reviewed the present conditions of trade terms and the problems of Incoterms 2000 in our country. I hope this paper to contribute to revising works of Incoterms by reference of above mentioned contents, that is to say, ship's rail, expansion of seller's risk liability of FOB,CFR,CIF.

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Problems and Revision of D-terms in Incoterms 2000 (Incoterms 2000 D-terms의 문제점(問題點)과 개정방안(改正方案))

  • Oh, Se-Chang
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.15
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    • pp.33-57
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    • 2001
  • Although the parties did not expressly incorporate Incoterms into their contracts, Incoterms which have reflected a generally authorized principles and custom might be a part of sale contract. As indication of Introduction in Incoterms 2000, although the D-terms are different in nature from the C-terms, since the seller according to the D-terms is responsible for the arrival of the goods at the agreed place or point of destination at the border or within the country of import. Therefore, according to importance of Incoterms, although Incoterms 2000 have been revised in line with the most current commercial practice, because mentioned problems in this paper can be raised, they must be revised through Introduction, Rules or Guide Book of Incoterms.

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A Study on Need and Directions of Modification of Incoterms 2000 (Incoterms 2000 개정의 필요성과 개정방향)

  • Oh, Se-Chang
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.42
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    • pp.3-32
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    • 2009
  • As we know, Incoterms are reflecting only the greatest common measure of practice in int'l trade. Therefore we can think them as the commercial practice most widely used in trade. They contain a number of detail under converse mirror image terms because they connect each other like a thread as to all oversea's commercial transactions between importing buyers and exporting sellers. Therefore they afford convenience to exporters and importers in the world because they tell the parties what to do as to transfer of risk and costs, responsibilities in connection with delivery of the goods. Nonetheless, since Incoterms 1936, they have been periodically revising in order to represent contemporary commercial practice. Therefore, according to change of Int'l trade environment, ICC plans to modify to the 2000 Incoterms. I hope to contribute to revising works by reference of above mentioned revision, that to say, aspects of provision, reflection of prevailing most commonly used, promotion of status as uniform rules, provision of convenience of int'l buyers and sellers. harmony with existing int'l instruments, presentation of criteria in variation of Incoterms.

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A Study on D-terms of Incoterms 2000 (Focus on primary obligation, character, limitation on application to practicer) (Incoterms 2000의 D-terms에 관한 연구 (주요의무, 특징, 적용상의 한계를 중심으로))

  • Oh, Se-Chang
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.35
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    • pp.3-38
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    • 2007
  • As we know, D-terms which are constituted with DAF delivered the goods in a border place, DES delivered the goods on board a vessel at a vessel specified port on the buyer's side, DEQ delivered the goods on the quay on the buyer's side as the specified place, DDU and DDP delivered the good at the stipulated place at the agreed place or point, mean arrival contracts. DAF is designed mainly for railway carriage, DES and DEQ are designed mainly for vessel shipment, DDU and DDP are designed mainly for multimodal transportation. In spite of their original purpose of revision. They have in themselves many problems on notable points on application in practice. Therefore, in order to magnify their use, through revision of Incoterms, DAF is restricted to railway carriage, DES and DEQ are restricted to be used only for charter shipments. Particularly transport documents which seller should supply the buyer with under DDU and DDP are documents for ownership and possession rights to the goods loaded when executed in negotiable form like as CIF.

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Incoterms 2000, Main Features and Problems (인코텀즈 2000의 특징(特徵)과 문제점(問題點))

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.14
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    • pp.51-72
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    • 2000
  • The International Chamber of Commerce introduced in September 1999 its new publication Incoterms 2000(ICC Publication No 560). The ICC was building on the past experiences in its revision works. I have discussed and commented constructively some main features and problems of the new set of terms. Incoterms 2000 takes into account, like already its predecessor did, the possibility that the parties may decide to communicate electronically and replace a paper transport document by an equivalent electronic data interchange message. This possibility will certainly be much more used under the present set of terms. Incoterms 2000 is well recognised by the international legal community, taking into account also the endorsements by UNCITRAL to its predecessor in the early 90's. Incoterms 2000 does not have major competitors remaining. However, the ICC still faces a battle to convince more traders to refer to its terms and to teach traders to understand and to apply them correctly. Incoterms 2000 is a tool for international trade created by a global business organisation. Its members decide every day if and to what extent they make use of this tool. The members of the ICC have participated actively in the drafting and commenting of Incoterms 2000 and thereby shown again a great deal of dynamism in creating rules for their own everyday use. Under these circumstances, "ship's rail approach" related to delivery point, risks and costs should be replaced by "on board approach" under FOB, CFR and CIF terms.

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