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ISSN : 1229-6783(Print)
ISSN : 2288-1484(Online)
Journal of the Korea Safety Management & Science Vol.16 No.3 pp.307-316
DOI : https://doi.org/10.12812/ksms.2014.16.3.307

해상적하보험에서 국제선박 및 항만시설 보안규칙의 적용상 법률적 쟁점

이 원 정*, 유 병 룡**
*덕성여자대학교 국제통상학과, **맥스피드 이사, 경영학박사

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

Won-Jeong Lee*, Byung-Ryong Yoo**
*Department of International Trade, Duksung Women's University
**Director of Maxpeed Co., Ltd.
Received May 12, 2014; Revision Received September 15, 2014; Accepted September 20, 2014.

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.
Marine Cargo Insurance,ISPS Code,Seaworthiness,Legality,Implied Warranty

 

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