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Legal Issues in Application of the ISPS Code under Marine Cargo Insurance

해상적하보험에서 국제선박 및 항만시설 보안규칙의 적용상 법률적 쟁점

  • Received : 2014.05.12
  • Accepted : 2014.09.20
  • Published : 2014.09.30

Abstract

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.

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References

  1. Ermal Xhelilaj et a.(2010), "Main Issues related to the Implementation Process of the International Ship and Port Facility Security Code(ISPS Code, 2002)", Maritime Transport & Navigation Journal, Vol.2 No.2.
  2. Howard Bennett(2006), The Law of Marine Insurance, Oxford University Press.
  3. IMCA(2007), Introduction to the International Ship & Port Facility Security Code.
  4. John Dunt(2009), Marine Cargo Insurance, Informa, ; Jonathan Gilman et al., Arnould's Law of Marine Insurance and Average, Sweet & Maxwell, pp.102-103.
  5. K. S. Vishwanath(2010), Insuring Cargoes : A Practical Guide to the Law and Practice, Witherbys Insurance.
  6. Kyriaki Noissia(2007), The Principle of Indemnity in Marine Insurance Contract, Springer.
  7. Owen Tang(2006), "Legal Implication of the ISPS Code on Marine Insurance", Shipper's Today, Vol. 29.
  8. R. J. Lambeth(1986), Templeman on Marine Insurance, Pitman, p.431.
  9. Robert H. Brown(1986), Marine Insurance : Principle and Basic Practice, Witherby & Co. Ltd., p.93.
  10. Susan Hodges(1996), Law of Marine Insurance, Cavendish Publishing Limited, p.123.
  11. 이원정.김태우(2007), "영국해상보험법상 제39조 5항과 제17조의 해석에 관한 The Star Sea사건 판례연구", 무역학회지 제32권 제2호.