The Legal Regime for International Interests in Aircraft Equipment under the Cape Town Convention and Protocol

이강빈,Lee, Kang-Bin Korea Society of Air Space Law and Policy 2007 한국항공우주정책·법학회지 Vol.2007 No.special

운송장비의 국제담보권에 관한 협약 및 항공기 장비에 특유한 사안에 관한 운송장비의 국제담보권 협약 의정서가 UNIDROIT 및 ICAO의 공동 후원 하에 케이프타운에서 개최된 외교회의에서 2001년 11월 16일 채택되었다. 케이프타운 협약 및 의정서는 2006년 3월 1일 발효되었다. 케이프 타운 협약 및 의정서는 국제등록에 의하여 지지 될 항공기 장비의 저당, 소유권유보 및 리스 담보권의 설정, 완성 및 우선권에 관한 국제 법적 제도를 규정하고 있다. 이 논문의 목적은 케이프타운 협약 및 의정서의 목적 및 원칙을 설명하고, 케이프타운 협약 및 의정서상 항공기 장비의 국제담보권 및 그들의 보호를 위한 국제등록에 관한 조항들을 검토하고, 그리고 한국의 케이프타운 협약 및 의정서 가입상의 문제점에 관하여 논의하는 것이다. 이 논문의 예상되는 결과로는, 효과적 방식으로 고가 또는 특히 경제적 중요성이 있는 항공기 장비의 취득 및 이용의 금융을 촉진하고, 매년 매우 많은 금액의 금융비용을 절약하는데 기여할 것이며, 또한 항공기 장비의 국제담보권이 전세계적으로 인정되고 보호 될 것이다. The Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Aircraft Equipment were adopted on 16 November 2001 at a diplomatic conference held in Cape Town under the joint auspices of UNIDROIT and ICAO. The entry into force of the Cape Town Convention and Protocol have occurred on 1 March 2006. The Cape Town Convention and Protocol provides an international legal regime for the creation, perfection and priority of security, title retention and leasing interests in aircraft equipment, which will be underpinned by an international registry. The purpose of this paper is to explain the objectives and principles of the Cape Town Convention and Protocol, to review the provisions relating to the international interests in aircraft equipment and international registry for their protection under the Cape Town Convention and Protocol, and to discuss the Issues on Korea's accession to the Cape Town Convention and Protocol. As the anticipated results of this paper, it will contribute to facilitate the financing of the acquisition and use of aircraft equipment of high value or particular economic significance in an efficient manner, and to save very large sums of money annually in financing charges, also the international interests in aircraft equipment will be recognized and protected universally.

신와르소체제하의 국제항공화물운송인의 손해배상책임

이강빈,Lee, Kang-Bin 한국무역상무학회 2003 貿易商務硏究 Vol.20 No.-

This paper intends to describe the liability regime of the air carrier under the Montreal Convention of 1999 for the international cargo, comparing to those of the existing Warsaw Convention system. Also this paper deals with main issues of the Montreal Convention which are relevant for the carrier's liability in the carriage by air of cargo. The Warsaw Convention was adopted in 1929 and modified successively in 1955, 1961, 1971, 1975, and 1999. The Montreal Convention of 1999 modernized and consolidated the Warsaw Convention and related instruments. International air carrier is liable by application of principle of strict liability as stated in the Montreal Convention : The carrier is liable for the destruction or loss of, or damage to cargo and delay during the carriage by air, and the carrier's liability is limited to a sum of 17 Special Drawing Rights per kilogramme. However, the Montreal Convention has main outstanding issues with respect to the liability of the air carrier : potential conflicts between the Montreal Convention and the Warsaw Convention, the amounts of limits of the carrier's liability, the duration of the carrier's liability, the exessive litigation, and the aviation insurance. Therefore, the conditions and limits of the carrier's liability under the Montreal Convention should be readjusted and regulated in detail.

지역특화 의료기기 산업의 수출 활성화 방안

이강빈(Kang-bin Lee) 한국국제상학회 2005 國際商學 Vol.20 No.3

The purpose of this paper is to make research on the present status and trade competitive power of the medical devices industry in Korea, the trend of the medical devices market in the major foreign countries, the present status and characterization of the medical devices industry in Gangwon and Wonju area, and the bottleneck factors and promotion scheme of the export by the medical devices industry. As of the end of 2004, the number of Korea's medical devices manufacturers expanded to 1,688. The production amount of Korea's medical devices industry in 2004 recorded 1,478 billion won, and the domestic market volume of medical devices in 2004 recorded 2,296 billion won. Korea's export amount of medical devices in 2004 recorded USD 570 million and recorded a 10.5% growth compared to the previous year. The worldwide medical devices market in 2004 is estimated at USD 149.5 billion, with the United States being the largest market, followed closely by Japan and Western Europe. In 2004, Gangwon area's export amount of electro-medical devices recorded USD 133.7 million and occupied a 20.8% of Gangwon area's total exports, and Wonju area's export amount of medical devices recorded USD 1.5 million. Wonju Medical Techno Valley, which was established in 2003, provide not only factory land required but also business incubation, research and development support, and funding to foster an intensive and systematical support of medical devices industry in Wonju area. There are the following bottleneck factors in the export by the medical devices industry : weakness of brand recognition, strictness of international specification and authorization procedure, shortage of overseas marketing capability, insufficiency of new technology development, and weakness of trade manpower infrastructure. In order to promote the export by the medical devices industry, the following scheme should be taken : highly added value of product through new technology and design development, enhancement of brand recognition, strengthening of assistance for obtaining international authorization and permission, building of overseas distribution channel and after sales service channel, variety of export product and export market, training of expert manpower, positive participation in international medical devices exhibition and opening of medical devices exhibition, and strengthening of overseas marketing assistance.

의료기기산업의 수출경쟁력 분석 및 강화방안

이강빈(Lee, Kang Bin) 한국무역상무학회 2010 貿易商務硏究 Vol.45 No.-

The purpose of this paper is to make research on the trend of the worldwide medical device market, the trend of the medical device market in the major foreign countries, the present status of the medical device industry in Korea and Gangwon area, the present status of export competitive power and the SWOT analysis of competitive power of the medical device industry in Gangwon area, and the strengthening methods of export competitive power of the medical device industry in Gangwon area. As the research method, the questionaire for the strengthening of export competitive power of the medical device industry in Gangwon area was carried out from August 13 to Otober 22, 2009. The worldwide medical device market in 2008 is estimated at USD 210.2 billion, with the United States being the largest market, followed closely by Japan and Western Europe. In 2006, the worldwide export amount of medical devices recorded USD 121.1 billion and the worldwide import amount of medical devices recorded USD 126.3 billion. As of the end of 2008, the number of Korea's medical device manufacturers expanded to 1,726. The production amount of Korea's medical device industry in 2008 recorded 2,525 billion won, and the domestic market volume of medical devices in 2008 recorded 3,618 billion won. Korea's export amount of medical devices in 2008 recorded USD 1,132 million and recorded a 9.67% growth compared to the previous year, and the import amount of medical devices recorded USD 2,123 million and recorded a 1.43% reduction compared to the previous year. As of the end of 2008, the number of Gangwon area's medical device manufacturers expanded to 81. The production amount of Gangwon area's medical industry in 2008 recorded 380 billion won, and Gangwon area's export amount of medical devices recorded USD 269 million and recorded a 0.25% reduction compared to the previous year, and the import amount of medical devices recorded USD 3 million and recorded a 39.63% reduction compared to the previous year. According to the result analysis of the questionaire for the strengthening of export competitive power of medical device industry in Gangwon area(August 13~October 22, 2009), the competing country of the export medical device is the United States being the highest ranking. Comparing to the collective competitive power level 100 of the competing country, the collective competitive level of the export medical device is 60 below and 70-80 below being the highest ranking. Comparing to the quality level 100 of the United States, EU and Japan, the quality level of the export medical device is 80-90 below being the highest ranking. Comparing to the design level 100 of the United States, EU and Japan, the design level of the export medical device is 90-100 below being the highest ranking. Comparing to the technology level 100 of the United States, EU and Japan, the technology level of the export medical device is 80-90 below being the highest ranking. According to the SWOT analysis of competitive power of medical device industry in Gangwon area, the strength is the abundant expert manpower of the medical device in Wonju area. The weakness is the fragility of the brand recognition of the medical device industry. The opportunity is the demand increase of the new medical device owing to the advanced age of population. The threat is the difficulty of entry into overseas market owing to the request of the new specification certification of the medical device. In order to strengthen the export competitive power of the medical device industry in Gangwon area, the following measures should be taken by the government, local self-government body, related organization and medical device industry : the development of new technology and design, the enhancement of brand recognition.

항공기에 의하여 발생된 지상 제3자의 손해에 대한 운항자의 책임

이강빈 ( Kang Bin Lee ) 한국항공우주정책·법학회 2006 한국항공우주정책·법학회지 Vol.21 No.1

케이프타운 협약 및 의정서 상 항공기 장비의 국제담보권에 관한 법적 제도

이강빈 ( Kang Bin Lee ) 한국항공우주정책·법학회 2007 한국항공우주정책·법학회지 Vol.22 No.1

국제항공화물운송에 있어서 운송인의 화물인도 의무와 책임

이강빈 ( Kang Bin Lee ) 한국항공우주정책·법학회 2006 한국항공우주정책·법학회지 Vol.21 No.2

The Liability Regime of the Air Carrier for Delay in the Carriage by Air

Lee Kang Bin(이강빈) 한국문화산업학회 2004 문화산업연구 Vol.4 No.1

Delay in the carriage by air occurs when passengers, baggage or cargo do not arrive at their destination at the time indicated in the contract of carriage. The causes of delay in the carriage of passengers are booking errors or double booking, delayed departure of aircraft, incorrect information regarding the time of departure, failure to land at the scheduled destination and changes in flight schedule or addition of extra landing stops. Delay in the carriage of baggage or cargo may have different causes: no reservation, lack of space, failure to load the baggage on board, loading baggage on the wrong plane, failure to off-load the baggage or cargo at the right place, or to deliver the covering documents at the right place. Article 19 of the Montreal Convention of 1999 provides that ‘The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures'. Article 22 of the Montreal Convention provides liability limits of the carrier in case of delay for passengers and their baggage and for cargo. In the carriage of persons, the liability of the carrier for each passenger is limited to 4,150 SDR. In the carriage of baggage, the liability of the carrier is limited to 1,000 SDR for each passenger unless a special declaration as to the value of the baggage has been made. In the carriage of cargo, the liability of the carrier is limited to 17 SDR per kilogram unless a special declaration as to the value of the cargo has been made. However, Article 19 of the Montreal Convention has some shortcomings as follows: it is silent on the duration of the liability for carriage, and it does not make any distinction between persons and good. It does not give any indication concerning the circumstances to be taken into account in cases of delay, and about the length of delay. In conclusion, it is desirable to define the period of carriage with accuracy, and to insert the word ‘unreasonable' in Article 19. Delay in the carriage by air occurs when passengers, baggage or cargo do not arrive at their destination at the time indicated in the contract of carriage. The causes of delay in the carriage of passengers are booking errors or double booking, delayed departure of aircraft, incorrect information regarding the time of departure, failure to land at the scheduled destination and changes in flight schedule or addition of extra landing stops. Delay in the carriage of baggage or cargo may have different causes: no reservation, lack of space, failure to load the baggage on board, loading baggage on the wrong plane, failure to off-load the baggage or cargo at the right place, or to deliver the covering documents at the right place. Article 19 of the Montreal Convention of 1999 provides that ‘The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures'. Article 22 of the Montreal Convention provides liability limits of the carrier in case of delay for passengers and their baggage and for cargo. In the carriage of persons, the liability of the carrier for each passenger is limited to 4,150 SDR. In the carriage of baggage, the liability of the carrier is limited to 1,000 SDR for each passenger unless a special declaration as to the value of the baggage has been made. In the carriage of cargo, the liability of the carrier is limited to 17 SDR per kilogram unless a special declaration as to the value of the cargo has been made. However, Article 19 of the Montreal Convention has some shortcomings as follows: it is silent on the duration of the liability for carriage, and it does not make any distinction between persons and good. It does not give any indication concerning the circumstances to be taken into account in cases of delay, and about the length of delay. In conclusion, it is desirable to define the period of carriage with accuracy, and to insert the word ‘unreasonable' in Article 19.

FTA(자유무역협정)에서 투자자 대 국가간 분쟁해결을 위한 국제중재제도

이강빈(Lee Kang Bin) 한국무역상무학회 2008 貿易商務硏究 Vol.38 No.-

  The purpose of this paper is to describe the settling procedures of the investor-state disputes in the FTA Investment Chapter, and to research on the international arbitration system for the settlement of the investor-state disputes under the ICSID Convention and UNCITRAL Arbitration Rules.<BR>  The UNCTAD reports that the cumulative number of arbitration cases for the investor-state dispute settlement is 290 cases by March 2008. 182 cases of them have been brought before the ICSID, and 80 cases of them have been submitted under the UNCITRAL Arbitration Rules.<BR>  The ICSID reports that the cumulative 263 cases of investor-state dispute settlement have been brought before the ICSID by March 2008. 136 cases of them have been concluded, but 127 cases of them have been pending up to now.<BR>  The Chapter 11 Section B of the Korea-U.S. FTA provides for the Investor_State Dispute Settlement. Under the provisions of Section B, the claimant may submit to arbitration a claim that the respondent has breached and obligation under Section A, an investment authorization or an investment agreement and that the claimant has incurred loss or damage by reason of that breach.<BR>  Provided that six months have elapsed since the events giving rise to the claim, a claimant may submit a claim referred to under the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings; under the ICSID Additional Facility Rules; or under the UNCITRAL Arbitration Rules.<BR>  The ICSID Convention provides for the jurisdiction of the ICSID(Chapter 2), arbitration(Chapter 3), and replacement and disqualification of arbitrators(Chapter 5) as follows.<BR>  The jurisdiction of the ICSID shall extend to any legal dispute arising directly out of an investment, between a Contracting State and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the ICSID.<BR>  Any Contracting State or any national of a Contracting State wishing to institute arbitration proceedings shall address a request to that effect in writing to the Secretary General who shall send a copy of the request to the other party.<BR>  The tribunal shall consist of a sole arbitrator or any uneven number of arbitrators appointed as the parties shall agree.<BR>  The tribunal shall be the judge of its own competence. The tribunal shall decide a dispute in accordance with such rules of law as may be agreed by the parties.<BR>  Any arbitration proceeding shall be conducted in accordance with the provisions of the Convention Section 3 and in accordance with the Arbitration Rules in effect on the date on which the parties consented to arbitration.<BR>  The award of the tribunal shall be in writing and shall be signed by members of the tribunal who voted for it. The award shall deal with every question submitted to the tribunal, and shall state the reason upon which it is based.<BR>  Either party may request annulment of the award by an application in writing addressed to the Secretary General on one or more of the grounds under Article 52 of the ICSID Convention.<BR>  The award shall be binding on the parties and shall not be subject to any appeal or to any other remedy except those provided for in this Convention.<BR>  Each Contracting State shall recognize an award rendered pursuant to this convention as binding and enforce the pecuniary obligations imposed by that award within its territories as if it were a final judgment of a court in that State.<BR>  In conclusion, there may be some issues on the international arbitration for the settlement of the investor-state disputes: for example, abuse of litigation, lack of an appeals process, and problem of transparency. Therefore, there have been active discussions to address such issues by the ICSID and UNCITRAL up to now.

항공화물운송상의 성질과 유통성

이강빈 ( Kang Bin Lee ) 한국항공우주정책·법학회 1992 한국항공우주정책·법학회지 Vol.4 No.-

The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked $quot;for the carrier$quot;, and shall be signed by the consignor. The second part shall be marked $quot;for the consignee$quot;, it shall be signed by the consignor and by the carrier and shall accompany the goods. The third part shall be signed by the carrier and handed by him to the consignor, after the goods have been accepted. According to the original Warsow Convention article 8, the air waybill must contain 17 particulars or items. However, the Hague Protocol reduced to three the number of particulars required to appear on the air waybill. Only one item is obligatory, namely, the notice that the carriage is subject to the rules of the Warsaw Convention. The absence of the air waybill entails unlimited liability of the carrier because it deprives him of the right to avail himself of the provisions of the Warsaw Convention which exclude or limit his liability. The consignor shall be liable for all damages suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the particulars and statements in the air waybill. Although the contract of the carriage of goods by air is not a formal contract, the document of carriage is issued. The issue of air wayhill is not essential for the existence or validity of the contract, but serves merely as a means of proof. The Hague Protocol has lessened the consequences of the carrier`s neglect to faithfully accomplish the required formalities. Henceforth, these formalities no longer constitute legal obligations. The air waybill is the consignment note used for the carriage of goods by air. It is often called an air consignment note and is not a document of title or transferable/negotiable instrument. It is basically a receipt for the goods for despatch and is prima facie evidence of the conditions of carriage. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or cosignee of his rights under the contract of carriage. Oveall, it is an usage that under a documentary letter of credit, the consignee on the air waybill is the opening bank of the letter of credit, and the notity party is the importer who applied for the letter of credit. In Korea there is an usage as to process of cargo delivery in air transportation as follows : The carrier carries the cargo into the bonded area of the airport and gives both the notice of arrival of the cargo and the consignee`s air waybill to the notify party who is the importer. Then the notify party obtains the Letter of Guarantee from the opening bank in exchange for reimbursing the amount of the letter of credit or tendering the security there- for to the opening bank. The notify party then presents this document to the customs authorities for the process of customs clearance. The opening bank becomes a consignee only to ensure repayment of the funds it has expended, and the only interest of the opening bank as consignee is the reimbursement of the money paid to the exporter under the documentary letter of credit. Just as the bill of lading in maritime law, the air waybill has always been considered negotiable although the Warsaw Convention does not emphasize this aspect of negotiability. However, the Hague Protocol article 4 corrected the situation by stating that $quot;nothing in this Convention prevents the issue of a negotiable air waybill.$quot; This provision officially recognizes that the air waybill must meet the needs of the present day business circles by being a negotiable instrument. Meanwhile, Montreal Additional Protocol no. 4 has brought important changes. Registration by computer is acceptable and the parties to the contract of