• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.44
• /
• pp.111-180
• /
• 2009

According to English law, in a voyage policy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy for the purpose of the particular adventure to be insured. However, Unites States law affords the implied warranty of seaworthiness a great deal of latitude. In the case of voyage policies, it has been traditionally held that the assured is bound not only to have his vessel seaworthy at the commencement of the voyage but also to keep her so, insofar as this can be achieved by himself and his agents, throughout the voyage. Additionally, a defect in seaworthiness, arising after the commencement of the risk, and permitted to continue from bad faith or want of ordinary prudence or diligence on the part of the insured or his agents, discharges the insurer from liability for any loss consequent to such bad faith, or want of prudence or diligence; but does not affect the insurance contract in reference to any other risk or loss covered by the policy, and which is not caused or exacerbated by the aforementioned defect. One of the most important areas of difference in the marine insurance contract between the U.K. and U.S. is the breach of warranty. Prior to the Wilburn Boat case, the MIA was thought to hold that the effect of a breach of warranty was similar under American law -in that under the general maritime law literal compliance with all promissory warranties is required. In this case, the Court concluded that state law should apply to a marine insurance policy, and found that there was no federal rule addressing the consequences of a breach of warranty in marine polices. However, it is of the utmost importance that this case brought to a close the imperative concordance between English and American law. Meanwhile, in relation to marine insurance contracts in Korea, this insurance is subject to English law and practice;, additionally, the international trade volume between Korea and the United States has assumed a vast scale. Therefore, we believe it is important to understand the differences in marine insurance law between the two countries in terms of marine insurance contracts, and most specifically warranties.

• Journal of Navigation and Port Research
• /
• v.37 no.5
• /
• pp.519-526
• /
• 2013

In managing shipping business, the concept of seaworthiness of the vessel has developed in accordance with the development of the shipping industry. However, despite of the development of the vessel's seaworthiness, marine accident has continuously occurred at sea. International Maritime Organization(IMO) has paid attention to the research and investigation of Human Error in shipping operations in addition to physical seaworthiness of the vessel. In 1994, IMO adopted the "International Management Code for the Safe Operation of Ships and for Pollution Prevention(ISM code)" of "SOLAS 1974" Annex, to take countermeasure against this human error. In 1999, Korea adopted the 'ISM Code' and then enacted the Maritime Safety Act (previously Maritime Traffic Safety Act). The Maritime Safety Act regulates necessary qualifications of the Human Resources of shipping companies for establishment and implementation of the safety management system. However, there has been a discrepancy between shipowners and ship management companies in interpreting the legislative texts, finally causing confusion. In this paper, I would like to examine the deficiencies in the regulation on the standard of qualifications of the Designated Person under the Maritime Safety Act and thereby suggest any possible improvements in it.

• 제어로봇시스템학회:학술대회논문집
• /
• 1996.10b
• /
• pp.1233-1236
• /
• 1996

Attitude Control System for a Hydrofoil type catamaran in wave is designed using a Decentralized Adaptive Control technique which is announced already by authors. This automatic attitude control system is designed for its good seaworthiness and for robustness on the variation of center of gravity. The performance is compared with a PID controller and the results show that the Decentralized Adaptive controller has better stability on the variation of the center of gravity.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.71
• /
• pp.147-170
• /
• 2016

International maritime law conventions concerned with cargo liabilities have sought to achieve solutions which will be acceptable to a wide range of states. The Rotterdam Rules was approved by the UN Assembly on 11 December 2008. The Rotterdam Rules are intended to replace The Hague and Hamburg Rules. This paper is comparing The Rotterdam Rules with The Hague and Hamburg Rules for the carrier' liabilities and exceptions in order to find carrier' liability System, the burden of proof and exceptions in the International maritime Rules. The purpose of this paper is considering the carrier's principal recourse for defending himself inmost cargo claims. The first area analyze the transfer of carrier's fundamental Liability system in the International Rules. The second is the matter on the appointment of proof in order to establish liability or to be relieve of liability. And the third is the change of the carrier's possible exclusions from liability in the International maritime Rules. From the result of the said analysis, my paper suggests differences of the exclusions in the Rotterdam Rules comparing with the Hague and Hamburg Rules, and features of the Rotterdam Rules appling exceptions on the basis of the Hague and Hamburg Rules with regard to carrier's liability and burden of proof. The former is the inclusion of three exclusions, the deleted natural fault, and The provision making the carrier responsible for the acts of its servants or agents in the 'fire on the ship' of the Rotterdam Rules. The latter is deleting the principle of overriding obligation related to carrier's obligation of seaworthiness in the Rotterdam Rules, the burden of proof being diverted from the carrier to the carrier and the shipper in the cargo damage caused by two factors(one for which the carrier was liable and the other for which it was excusable) in the new rules.

• Ocean policy research
• /
• v.33 no.2
• /
• pp.147-181
• /
• 2018

Currently, we are living in the era of the 4th industrial revolution. In the field of shipping industry, the MASS is a revolutionary game changer in the making arising out of such an industrial and technical innovation in the pursuit of radically challenging the pre-existing system of a human-operated vessel. Given this trend, the entire maritime regulatory regime, which has been designed by, and intertwined with, human seaworthiness, abruptly faces the most unprecedented normative confrontations now and increasingly in the coming days. As the constitution of ocean, UNCLOS, provides, every flag state is obliged to effectively exercise its jurisdiction to secure technical and human seaworthiness. Moreover, the coastal state may institute protective proceedings against vessels in respect of any violations of its laws to protect its marine environment in maritime zones of the coastal state. Further, UNCLOS acknowledges that the port state's authority extends to take administrative measures to prevent sub-standard ships from sailing within the ports or offshore-terminals of the state. These three jurisdictional functions will be required to more closely interface with each other than ever over the legal and political implications created by MASS. Although states' jurisdictional nuances are significant in this present world tilting back to protectionism, there are few articles to present jurisdictional issues of states and conceivable normative discourse with regard to MASS. This articles visits potential jurisdictional conflicts underlying MASS and tries to strike balance between contradictory interpretive approaches under UNCLOS while it is undeniable that this doctrinal research tends to strive to find justifications within the current framework of international law.

• Journal of the Korean Institute of Navigation
• /
• v.22 no.2
• /
• pp.89-98
• /
• 1998

In the field of research of seakeeping quality, much development has been made incent years using the method of calculation based on the strip theory. It is indispensable to grasp quantitatively the seaworthiness of a ship in order to draw correct design at initial stage and to perform proper operations at sea services. In this paper, the responses of three fishing vessels are calculated using statistical and spectral analyzing method to get the characteristics of the motion response. From the theoretical result we know that the significant values of the pitching and rolling motion can be signiicantly affected by not only the ship's tonnage but also the mean wave period in spite of the similar sea environment. So we can apply these expected results to the safe maneuvering and fishing operations in rough weather conditions by combining environmental circumstance with the stability condition of vessels.

• Bulletin of the Society of Naval Architects of Korea
• /
• v.21 no.3
• /
• pp.11-18
• /
• 1984

In recent days, many manufacturing factories have been established and operated along riversides or on sea coasts. In consequence thereof, modern inland vessels with their small draught but large carrying capacity have been developed to operate as a single unit or in convoy with a barge. Knowledge in the behaviour of inland cargo vessels in shallow water exists presumably in U.S.A., U.S.S.R. and West Germany Literature available on this subject is quite limited. Model tests were carried out, both in calm water and in waves to obtain hull lines, which not only improve the seaworthiness of inland vessels but also permit to run in convey with other vessels on inland waterways. The results, which to some extent have also been tested in full scale, are entirely satisfactory. This paper discribes the resistance of some newly developed inland water cargo vessels.

• Journal of Fisheries and Marine Sciences Education
• /
• v.5 no.2
• /
• pp.110-118
• /
• 1993

A squid gill-net fishing vessel Jayueoroho which was being insured ITC-Hulls and was laid up long period illegally under the condition of unmanned in the Pert of Kamcheon. On 30, March, 1993, the fishing vessel moved out toward the high sea by assistance of two tugboats, 12 miles southeast from Teajongdae, to discharge sewage. At that time the shipowner, the skipper, chief engineer and two labourers were boarding, and a fire was broken out by electric leakage at sea. For all their efforts of fire-fighting operation the fishing vessel foundered with explosion. In this case, she had been breached the warranties of legality, especially Korean maritime acts concerned, and the warranties of seaworthiness(MIA 39(5)) as attributable cause because of unmanned on board by wilful misconduct of the insured. Therefore it is prima facie evidence that the insurer is not liable for any loss attributable to the wilful misconduct and breach of warranties of the insured in MIA 1906.

• Journal of the Society of Naval Architects of Korea
• /
• v.59 no.6
• /
• pp.432-438
• /
• 2022

This study focuses on improving quality management system of naval ships to enhance safety. Recently, there were problems caused by the lack of quality management system when building Korea naval ships. Foreign naval ships are designed and built through certification by professional organizations in the commercial sector to reduce budget and enhance ship safety. Merchant ships are designed, built, operated and maintained by the organizations in accordance with the Ship Safety Act. When naval ships are exported, the ordering country requires the certification from the international classification to ensure the safety and reliability of ships. Through this study, as a method of improving the quality management system of naval ships, design verification, equipment certification and construction survey using expertise of the organizations are proposed when designing and building the naval ships.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.24 no.1
• /
• pp.56-67
• /
• 2018

With the introduction of the maritime safety supervisor system in Korea following the passenger vessel Sewol accident, the safety control system for coastal vessels has been reinforced. A maritime safety supervisor performs marine accident prevention activities by offering periodical or occasional guidance and supervision. When a deficiency is found during guidance or supervision sessions, an order for improvement is issued to rectify the problem by such measures as supplementation or replacement of vessel facilities, improvement of work hours and working conditions for employees, educational and training programs for executives and employees, or the improvement of other affairs relating to maritime safety control. However the present order for navigation suspension by a maritime safety supervisor is limited solely to supplementation or replacement. For this reason, orders for navigation suspension against other facilities is impossible, even if a serious deficiency that could lead to a marine accident such as poor cargo loading conditions or unqualified crew is identified. Therefore, the order for vessel navigation suspension to secure seaworthiness should be expanded to include cargo loading/unloading operations, certificates and documentation, maritime safety management systems, and human elements including emergency drills and working conditions, in addition to the supplementation or replacement of vessel facilities that exists.