• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.337-370
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• 2009

The Joint Cargo Committee of International Underwriting Association of London (IUA) and Lloyd’s Market Association (LMA) have issued the revised version of Institute Cargo Clauses A, B, C, Institute Cargo Clauses (Air) and their accompanying War and Strikes Clauses. The Institute Cargo Clauses ("ICC") were last revised in 1982. Following a two year long consultation process, the latest edition of the ICC clauses became available to the Market on 1st January 2009. The overall result of the amendments to the 1982 ICC has been to create clearer policies that are more favourable to the Assured. Exclusions have also been amended to the advantage of the assured. The Transit Clause has seen a large revision, again more favourable to the Assured. The insurance now attaches within the warehouse or place of storage when the goods are "first moved$\cdots$ for the purpose of the immediate loading into or onto the carrying vehicle or other conveyance for the commencement of transit" whereas previously the insurance would not attach until the goods left the warehouse. Furthermore, the insurance now terminates on completion of unloading from the vessel at (rather than delivery to) the final warehouse or at a warehouse prior to the destination named in the contract of insurance which the Assured or their employees elect to use either for storage or distribution.

• Journal of the Korea Safety Management & Science
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• v.16 no.3
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• pp.307-316
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• 2014

In view of the increased threat arising terrorism, the International Maritime Organization(IMO) adopted the International Ship and Port Facility Security Code (ISPS Code) which attached to the SOLAS Convention. The ISPS Code requires a comprehensive set of measures to enhance the security of ships and port facilities. For example, a shipowner must obtain the International Ship Security Certificate(ISSC). If the carrying vessel has not ISSC, the ship may be detained by the contracting governments. The Joint Cargo Committee(JCC) in London adopted the Cargo ISPS Endorsement, in which the assured who knowingly ships the cargoes on a non-ISPS Code compliant vessel will have no cover. However, where there is no the Cargo ISPS Endorsement in a Marine Cargo Insurance Policy and the cargo is carried by a non-ISPS Code certified vessel, the legal problem is whether or not it would constitute a breach of an implied warranty of seaworthiness and/or an implied warranty of legality. The purpose of this article is to analyze the potential legal issue on the relations between non-ISPS Code compliant vessel and two implied warranties under Marine Insurance Act(1906) in U.K.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.275-295
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• 2009

After a long period of development and worldwide consultation, the London-based Joint Cargo Committee has revised the Institute Cargo Clauses (A), (B) & (C) and some ancillary Institute Clauses. The revision mainly include a clarification of the exclusions within the clauses, some modernization of the language of the clauses and new definitions of some terms. With these revisions, the coverage is widened to offer more protection to the assured. This may enable the widely used Institute Cargo Clauses to receive even greater worldwide acceptance. The following are the main changes in the new 2009 ICC compared with the 1982 ICC. 1. Insufficient or unsuitable Packing or Preparation(Clause 4.3): The revised clause is more favourable to the assured because under the revised clause this sub-clause is only applicable to (a) where packing or preparation is carried out by the assured or their employees or (b) packing or preparation takes place before the attachment of the risk. 2. Insolvency or Financial Default (Clause 4.6): The insolvency and financial default wording is incorporated in the revised clauses, making it more favourable to the assured. 3. Unseaworthiness (Clause 5): The revision is more favourable to the assured in that it limits the exclusion in relation to the unfitness of vehicles, vessels or containers to cases where the assured or their employees are privy to such unfitness. 4. Terrorism (Clause 7): A new definition of "terrorism" is introduced and the revised clause also widens the acts of an individual to encompass ideological and religious motives.

• Journal of the Korean Society for Marine Environment & Energy
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• v.9 no.4
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• pp.193-202
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• 2006

The Consultative Meeting of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other matter, 1972 (London Convention 1972) has requested to International Maritime Organization (IMO) Marine Environmental Protection Committee to collaborate and help clarify a boundary issue between International Convention for the Prevention of Pollution from Shops, 1973 as modified by the Protocol of 1978 (MARPOL) and the London Convention concerning 'dumping' versus 'discharges' during normal operations of ships in 2004, and subsequently established a Joint London Convention/MEPC Correspondence Group. The Contracting Parties to London Convention expressed their environmental concerns on the broad interpretation of the "cargo-associated wastes" by the States, which could be discharged by ships under MARPOL. Regulatory regimes for the cargo residues appear to vary among states. Some countries require fur ships to discharge their cargo wastes into the port reception facility and IMO also recommends doing so. This paper examines the related current national and international legal texts for the regulation of disposal of wastes from ships in order to analyze the current global concern on the marine pollution associated with waste discharge during operations of ships. In particular, we attempt to evaluate the likely marine environmental consequences arising from the disposal of cargo residue using an hypothetical case for the coal cargo residue among bulk cargos in this paper, since location, magnitude and frequency of the discharge of coal cargo residues into the sea adjacent to Korean Peninsula are not readily available. The cargo residues may be discharged to the sea according to MARPOL 73/78; however, its marine environmental consequences can be significant depending upon the characteristics and amounts of wastes to be discharged. Also the public tolerance of the environmental consequences would be widely different among nations. Multilateral environmental agreements, in general, more strictly apply their rules if there are other options to disposal at sea, i.e. port reception facility in this case. Therefore, port reception facilities for the wastes generated by ships are recommended to be further constructed in major national ports in order to reduce the risk of environmental damages during the operations of ships.

• Journal of Navigation and Port Research
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• v.46 no.4
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• pp.331-337
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• 2022

In 2021, the Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection (GESAMP), a U.N. advisory research institute, cited container loss as one of six sources of marine litters in shipping. The sinking of the X-P ress Pearl in May 2021 caused a catastrophic environmental pollution accident in which the loaded containers were moved to the shore, and the plastic pellets were loaded inside covered the coast of Sri Lanka. With this history, the International Maritime Organization (IMO) will discuss prevention and follow-up measures for container loss during ship voyages, as an agenda at the 8th Sub Committee on Carriage of Cargoes and Containers meeting in September 2022. To establish Korea's response direction at the IMO meeting, this study identified major causes of container loss accidents, and considered the response through analysis based on the accident investigation report and related professional data. As a result, it was found that the major cause of container loss during voyages was the enlargement of container ships, bad weather, and poor loading of containers. In particular, the need to prepare countermeasures for the deterioration of the operational safety of large container ships due to bad weather was identified. Additionally, integrated monitoring of the implementation of international conventions is required, for the safe sea transportation of container cargo. In particular, in terms of preservation of the marine environment, it is necessary to supplement the system for the recovery of lost containers. Finally, it was found that it is necessary to establish systems that can complement each other in the shipbuilding and shipping industries, in terms of shipbuilding as well as ship operation, to fundamentally prevent container loss accidents at sea. It is judged that it is difficult to resolve the various factors of container loss at sea during voyages, by responding from an individual perspective.