• International Commerce and Information Review
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• v.11 no.1
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• pp.291-308
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• 2009

The implied obligation under the contract of affreightment not to carry dangerous goods without prior notice to the carrier applies to the contractual relationship between the charterer and the owner under charterparties. The charterers will be in breach of an implied undertaking under the common law if they load dangerous cargoes without making notice of dangerous nature of them to the owner. It is indicated to be necessary to change the term "shipper" to "charterer", with relation to such implied obligation, where the Hague/Hague-Visby Rules are incorporated into the charter, however, it is not so apparent where an actual shipper is involved. So long as an actual shipper could be identified, the shipper rather than the charterer shall be responsible for damages arising from the dangerous nature of the cargo itself. In this case, the actual shipper is interpreted to have an implied contractual relationship with the carrier just by the act of delivering the cargo to the carrier for loading. If the vessel were damaged by shipment of the dangerous cargo under charterparty, the carrier can claim against such damages based on the contractual obligations under charterparties: "implied and expressed duty not to ship dangerous cargo without notice to the carrier"; "Art.IV.6 of the Hague/Hague-Visby Rules"; "Indemnity Clause" and "Redelivery Clause". The carrier has the conventional right under the Hague/Hague-Visby Rules to land, destroy or render the goods innocuous where the dangerous cargo threatens the means of transport or other interests on board. When the carrier has not consented to make the shipment, the carrier's disposal right could be exercised without limitation. However, where the carrier has consented to make the shipment of the dangerous goods with the knowledge concerned, the right of disposal of such goods should be exercised with limitation.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.297-336
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• 2009

In modern industrial society carriage of dangerous goods by sea becomes more increasing than ever before. Dangerous goods are required for special care and handling in that shipment of dangerous goods could affect safety of the vessel and other cargoes. It is also true that dangerous goods could be used as a means of terrorism. his article investigates allocation of risk and liabilities between parties involved in the carriage of dangerous goods by sea. More specifically, this study examines principles of strict liability of the shipper in shipment of dangerous goods with some limitations based upon recent cases. Furthermore this article investigates the issues on identity of shipper who bears strict liability to the carrier where there exist actual or documentary shipper other than the contractual shipper. Lastly, whether it is reasonable that the transfer of strict liability to the transferee, who does not have opportunity to verify dangerous nature of the goods before shipment, by endorsing bills of lading will be discussed critically.

• Proceedings of KOSOMES biannual meeting
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• 2008.05a
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• pp.249-255
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• 2008

IOn 7th of Dec. 2007, large oil spill took place the seas off the Taean coast caused by the collision between VLCC Hebei Spirit and crane floating barge Samsung-1 and a lot of problems were revealed during response to the accident. The author, accordingly, examined to analyze the cause of this accident on the aspect of spill prevention and presented some preventive measures, such as strictness to the current standard for tug operation, expansion of VTS service area and transfer of the VTS responsibility to Korea Coast Guard, designation of appropriate anchorage per ship's type, cargo and visiting purpose, and special management for dangerous goods carriers.

• Journal of the Korean Society of Marine Environment & Safety
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• v.23 no.1
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• pp.9-16
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• 2017

As a preliminary study of enter or leaving traffic patterns of the Korea main port, port Management Information System (Port-MIS) data was used to check the volume of vessels entering and leaving the port of Busan, and three consecutive days from each seasons were selected for study. Selected 12-day General Information Center on Maritime Safety & Security (GICOMS) data was also used to analyze the traffic pattern in the main traffic lane of Busan port for dangerous goods carrier. Also, the distance between dangerous goods carriers and Oryukdo breakwater of east breakwater in the main traffic lane was analyzed. Collision probability was estimated using the cumulative probability distribution function of the normal distribution for the maritime traffic safety audit scheme based on the assumption that a ship's trajectory has a normal distribution for a section of the route. However, in case of entry or leaving thorough the Oryukdo breakwater and entry thorough the east breakwater, ship's sailing trajectories were revealed not to follow a normal distribution via regularity testing using a KS-test and SW-test. Especially in the north port, the tendency of the right side of the ship to pass was remarkable. It is desirable to develop a traffic model suitable for the characteristics of the port rather than to apply general traffic theories, and to apply this model to a maritime traffic safety diagnosis, so further research is needed.

• Journal of the Korean Society of Marine Environment & Safety
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• v.23 no.7
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• pp.767-774
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• 2017

Maritime traffic safety audits (MTSA) were enacted in order to ensure marine traffic safety throughout changes or the construction of water facilities, port facilities, etc. After the introduction of MTSA, the scope of subject vessels was restricted to an LOA of more than 100 m or a maximum speed of more than 60 knots as of 2014. In this study, the scope of subject vessels was re-examined in comparison with specific marine traffic safety areas and tanker prohibited areas identified in the maritime safety act. Furthermore, the state of subject vessels and exception cases for MTSA were also analyzed. As a result of these analyses, MTSA were deemed necessary for dangerous goods carriers of more than 1,000 G/T in specific marine traffic safety areas and dangerous goods carriers of more than 794 G/T in tanker prohibited areas. Finally, the necessity of further review was suggested given the present scope of subject vessels.