• Journal of Navigation and Port Research
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• v.32 no.3
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• pp.229-235
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• 2008

This paper was provided to apply the ITC-Hulls Clauses & ISM Code for the accident of sunken ship which was occurred by seamen's barratry. For the causes of the sunken accident, the underwriter insisted toot shipowner submerged the vessel intentionally for the purpose of the insured amounts, while shipowner protests toot the ship was submerged because of crews faults. In this connection, the judge sentenced toot this accident was caused by humans errors as the Provisions of 6.2.4 of ITC-Hulls, however shipowner is responsible for hiring onboard qualified seafarers and carrying out the due diligence for performing ISM Code for ensuring ship's safety and seaworthiness.

• Journal of Navigation and Port Research
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• v.36 no.5
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• pp.329-338
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• 2012

The Institute Time Clauses-Hulls 1/10/83 has been using widely with attachment and/or endorsement of the Institute Warranties 1/7/76 stipulating vessel's trading limits. Taking into consideration of several changes and renewals on the contents of the Institute Time Clauses-Hulls for clarifying the clauses themselves with development on technology of vessel's construction and navigational equipments up to the present, the clauses on the Institute Warranties 1/7/76 should have been changed and/or renewed. Moreover, the insured still has been burdening additional premium in vessel's navigating and / or calling to the areas stipulated in the Institute Warranties 1/7/76 regardless of any changes of marine business environments. Thus, this study aims to analyze the Institute Warranties 1/7/76 as well as to suggest a reasonable level of additional premium for breach of Institute warranties through not only a comparative analysis between the Institute Warranties clauses and those of the corresponding Institute Warranties using in the Japanese Fire and Marine Insurance companies but also consideration of current circumstances on changes in climatic conditions, vessel design, navigation and communication requirements and capabilities.