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고려대학교 법학연구원> The Asian Business Lawyer> The Balance between Cooperation and Competition: How the Shipping Industry Responds to the Hong Kong Competition Ordinance

The Balance between Cooperation and Competition: How the Shipping Industry Responds to the Hong Kong Competition Ordinance

Yvette Yu , Kelly Kim
  • : 고려대학교 법학연구원
  • : The Asian Business Lawyer 27권0호
  • : 연속간행물
  • : 2021년 05월
  • : 15-31(17pages)
The Asian Business Lawyer

DOI


목차

Ⅰ. Introduction
Ⅱ. The Hong Kong Competition Ordinance
Ⅲ. Block Exemption Order for the Liner Shipping Industry
Ⅳ. Commitments given by the Hong Kong Seaport Alliance
Ⅴ. Conclusion

키워드 보기


초록 보기

The authors have been advising the shipping industry on legal and compliance matters, including issues arising from the relatively new competition/antitrust law under the Competition Ordinance in Hong Kong, which came into full force in December 2015. Compared to other developed economies, Hong Kong is a late adopter of competition law. Underscoring the extra-territorial reach of the Competition Ordinance, the authors examine new legal and practical challenges faced by the international shipping community, against the backdrop that Hong Kong is one of the world’s busiest international container ports.

UCI(KEPA)

간행물정보

  • : 사회과학분야  > 법학
  • :
  • :
  • : 반년간
  • : 2005-0054
  • :
  • : 학술지
  • : 연속간행물
  • : 2008-2021
  • : 206


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27권0호(2021년 05월) 수록논문
최근 권호 논문
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1The Balance between Cooperation and Competition: How the Shipping Industry Responds to the Hong Kong Competition Ordinance

저자 : Yvette Yu , Kelly Kim

발행기관 : 고려대학교 법학연구원 간행물 : The Asian Business Lawyer 27권 0호 발행 연도 : 2021 페이지 : pp. 15-31 (17 pages)

다운로드

(기관인증 필요)

초록보기

The authors have been advising the shipping industry on legal and compliance matters, including issues arising from the relatively new competition/antitrust law under the Competition Ordinance in Hong Kong, which came into full force in December 2015. Compared to other developed economies, Hong Kong is a late adopter of competition law. Underscoring the extra-territorial reach of the Competition Ordinance, the authors examine new legal and practical challenges faced by the international shipping community, against the backdrop that Hong Kong is one of the world's busiest international container ports.

2Insurable Interest in Bareboat Charter Parties: A Comparative Approach between Korean and Italian Law (focused on the KSC 2019.12.27. Docket No. 2017da208232)

저자 : Alberto Batini , Captain In Hyeon Kim

발행기관 : 고려대학교 법학연구원 간행물 : The Asian Business Lawyer 27권 0호 발행 연도 : 2021 페이지 : pp. 33-45 (13 pages)

다운로드

(기관인증 필요)

초록보기

In a Korean Supreme Court case, a BBCHP vessel sank. The BBCHP charterer tried to claim insurance indemnity which was not accepted by the insurer. The charterer argued that it was a right person to receive the indemnity even though it was not listed as an insured. The KSC mentioned that the BBCHP charterer may have expectation right to obtain the vessel's title at the end of the charter period. Both a Korean scholar and Italian specialist study on the decision of the case and express their opinion respectively.

3When the Baggage of One Becomes Heavier for Two: Student Loan Debt Distribution Effects

저자 : Claudia S. Perez

발행기관 : 고려대학교 법학연구원 간행물 : The Asian Business Lawyer 27권 0호 발행 연도 : 2021 페이지 : pp. 47-72 (26 pages)

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(기관인증 필요)

초록보기

This article examines the way student loan debt is treated while distributing property in a marriage dissolution proceeding. It discusses how currently, both the community property distribution system and the common law equitable distribution system often yield inequitable results when courts divide marital property (i.e., assets and liabilities acquired during the marriage) equally between the spouses. This is especially true with regard to student loans that were unilaterally obtained by one spouse prior to the marriage. With close to 45 million borrowers currently owing over $1.7 trillion in student loan debt, it is imperative that state legislatures review their “distribution” systems to ensure that marital liabilities are truly equitably distributed upon dissolution of a marriage.

4Definition of Autonomous Vessels and Tort Liability Arising from the Collision in Korea

저자 : Hyeon Kyun Lee

발행기관 : 고려대학교 법학연구원 간행물 : The Asian Business Lawyer 27권 0호 발행 연도 : 2021 페이지 : pp. 73-92 (20 pages)

다운로드

(기관인증 필요)

초록보기

The changes of 4th industrial revolution are also affecting the shipping sector, such as Autonomous Vessels. Technology on this field is developing in United States, Europe, and Asia as well in South Korea.
However discussions on responsibility and insurance for the commercial use of Autonomous Vessel are underway, but have not been clarified.
In this paper, we discussed the responsibility and insurance based on the technological development stage, automation vessels, radio-controlled vessels, and fully autonomous vessels. The reason for classifying the vessels in three levels is to clarify responsibility by identifying who manages, supervises and controls the vessel. The issue on who manages, supervises and controls the vessels is important in the area of the responsibility.
This will depend on future technological development. However, in case of a system failure, the burden of responsibility should be fairly divided between the shipyard, the system manufacturer, and the vessel's owner. Also, insurance product must be developed to cope with this situation.

1
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| | | | 다운로드

1The Balance between Cooperation and Competition: How the Shipping Industry Responds to the Hong Kong Competition Ordinance

저자 : Yvette Yu , Kelly Kim

발행기관 : 고려대학교 법학연구원 간행물 : The Asian Business Lawyer 27권 0호 발행 연도 : 2021 페이지 : pp. 15-31 (17 pages)

다운로드

(기관인증 필요)

초록보기

The authors have been advising the shipping industry on legal and compliance matters, including issues arising from the relatively new competition/antitrust law under the Competition Ordinance in Hong Kong, which came into full force in December 2015. Compared to other developed economies, Hong Kong is a late adopter of competition law. Underscoring the extra-territorial reach of the Competition Ordinance, the authors examine new legal and practical challenges faced by the international shipping community, against the backdrop that Hong Kong is one of the world's busiest international container ports.

2Insurable Interest in Bareboat Charter Parties: A Comparative Approach between Korean and Italian Law (focused on the KSC 2019.12.27. Docket No. 2017da208232)

저자 : Alberto Batini , Captain In Hyeon Kim

발행기관 : 고려대학교 법학연구원 간행물 : The Asian Business Lawyer 27권 0호 발행 연도 : 2021 페이지 : pp. 33-45 (13 pages)

다운로드

(기관인증 필요)

초록보기

In a Korean Supreme Court case, a BBCHP vessel sank. The BBCHP charterer tried to claim insurance indemnity which was not accepted by the insurer. The charterer argued that it was a right person to receive the indemnity even though it was not listed as an insured. The KSC mentioned that the BBCHP charterer may have expectation right to obtain the vessel's title at the end of the charter period. Both a Korean scholar and Italian specialist study on the decision of the case and express their opinion respectively.

3When the Baggage of One Becomes Heavier for Two: Student Loan Debt Distribution Effects

저자 : Claudia S. Perez

발행기관 : 고려대학교 법학연구원 간행물 : The Asian Business Lawyer 27권 0호 발행 연도 : 2021 페이지 : pp. 47-72 (26 pages)

다운로드

(기관인증 필요)

초록보기

This article examines the way student loan debt is treated while distributing property in a marriage dissolution proceeding. It discusses how currently, both the community property distribution system and the common law equitable distribution system often yield inequitable results when courts divide marital property (i.e., assets and liabilities acquired during the marriage) equally between the spouses. This is especially true with regard to student loans that were unilaterally obtained by one spouse prior to the marriage. With close to 45 million borrowers currently owing over $1.7 trillion in student loan debt, it is imperative that state legislatures review their “distribution” systems to ensure that marital liabilities are truly equitably distributed upon dissolution of a marriage.

4Definition of Autonomous Vessels and Tort Liability Arising from the Collision in Korea

저자 : Hyeon Kyun Lee

발행기관 : 고려대학교 법학연구원 간행물 : The Asian Business Lawyer 27권 0호 발행 연도 : 2021 페이지 : pp. 73-92 (20 pages)

다운로드

(기관인증 필요)

초록보기

The changes of 4th industrial revolution are also affecting the shipping sector, such as Autonomous Vessels. Technology on this field is developing in United States, Europe, and Asia as well in South Korea.
However discussions on responsibility and insurance for the commercial use of Autonomous Vessel are underway, but have not been clarified.
In this paper, we discussed the responsibility and insurance based on the technological development stage, automation vessels, radio-controlled vessels, and fully autonomous vessels. The reason for classifying the vessels in three levels is to clarify responsibility by identifying who manages, supervises and controls the vessel. The issue on who manages, supervises and controls the vessels is important in the area of the responsibility.
This will depend on future technological development. However, in case of a system failure, the burden of responsibility should be fairly divided between the shipyard, the system manufacturer, and the vessel's owner. Also, insurance product must be developed to cope with this situation.

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