Carriage of Goods by Sea:

In most charterparties, a clause such as between safe ports and safe places is to be found which imposes a primary obligation on the charterers to order the ship only to ports which, at the time when their order was given, are prospectively safe. This book aims to analyse the current legal approach to the obligation of the charterers to direct vessels to safe ports under Carriage of Goods by Sea. Following a general introduction as in chapter 1, chapter 2 entails a critical analysis to the elements of the safe port definition. The significant differences between the implied and express warranty of safety obligation is discussed in Chapter 3. Chapter 4 is concerned with the rights and obligations between the shipowners and charterers. Chapter 5 is devoted to the potential legal ramifications on the implementation of the International Codes (ISM, ISPS)and risk assessment as tools to assess the safety of the port. It is hoped that this book will add, not only to knowledge of the way in which the obligation is adhered at this time, but also to an understanding of the problems of safe port clause in the context of the charterparties.

Autorentext

Talal Aladwani has achieved his LLM from Swansea University in International Commercial and Maritime Law. He is a lecturer in commercial and maritime law at universities in Kuwait and UK. Prior to that, he worked as a master mariner. Currently, Aladwani runs his own company, also he is a PhD candidate in Shipping law at Plymouth University.

Klappentext

In most charterparties, a clause such as "between safe ports and safe places" is to be found which imposes a primary obligation on the charterers to order the ship only to ports which, at the time when their order was given, are prospectively safe. This book aims to analyse the current legal approach to the obligation of the charterers to direct vessels to safe ports under Carriage of Goods by Sea. Following a general introduction as in chapter 1, chapter 2 entails a critical analysis to the elements of the safe port definition. The significant differences between the implied and express warranty of safety obligation is discussed in Chapter 3. Chapter 4 is concerned with the rights and obligations between the shipowners and charterers. Chapter 5 is devoted to the potential legal ramifications on the implementation of the International Codes (ISM, ISPS)and risk assessment as tools to assess the safety of the port. It is hoped that this book will add, not only to knowledge of the way in which the obligation is adhered at this time, but also to an understanding of the problems of safe port clause in the context of the charterparties.