지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 저널정보
- 한국무역상무학회 무역상무연구 무역상무연구 제80권
- 발행연도
- 2018.12
- 수록면
- 169 - 194 (26page)
- DOI
- 10.35980/KRICAL.2018.12.80.169
이용수
초록· 키워드
오류제보하기
The recent judgment in the Longchamp has overturned accepted industry thinking in how bunkers and crew wages are dealt with in a hijacking. Not only has it wrong-footed lawyers, but it flies in the face of the written and considered views of the Advisory Committee of the Association of Average Adjustors and opens up interesting questions on other heads of claim not considered in the judgment. After capture, the vessel’s Master was directed to sail the vessel to the Somali coast, to what the Advisory Committee referred to as a “pirates’ lair” which in their view, was not a port of refuge in the sense understood under the York Antwerp Rules (“YAR”). Their rationale was that the lives of the crew were at the complete mercy of the pirates and the dangers threatening the vessel were at their maximum. Any vessel anchored off Somalia in the control of pirates remains in the grip of an insured peril.
Having opened the door on such expenses, particularly bunkers, the decision raises another interesting possibility that was not considered by the Judge. There were vessels where pirates burnt the bunkers on board and, when these were exhausted, then burned cargo to avoid the need for a bunker resupply. This happened in circumstances where the negotiation process was completely controlled by owners, leaving charterers and cargo unable to influence or contribute to the strategy being followed. In the interests of equity, it will be interesting to see whether these costs can also be brought into GA.
The purpose of this study aims to analyse the damage for anchoring off the reef of the vessel’s bottom due to piracy under General Average Law with the Longchamp case.
Having opened the door on such expenses, particularly bunkers, the decision raises another interesting possibility that was not considered by the Judge. There were vessels where pirates burnt the bunkers on board and, when these were exhausted, then burned cargo to avoid the need for a bunker resupply. This happened in circumstances where the negotiation process was completely controlled by owners, leaving charterers and cargo unable to influence or contribute to the strategy being followed. In the interests of equity, it will be interesting to see whether these costs can also be brought into GA.
The purpose of this study aims to analyse the damage for anchoring off the reef of the vessel’s bottom due to piracy under General Average Law with the Longchamp case.
목차
Ⅰ. 서언
Ⅱ. 공동해손관련 영국법과 미국법의 견해
Ⅲ. 관련판례의 해설
Ⅳ. Longchamp호 사건판결의 분석
Ⅴ. 결언
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ABSTRACT
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UCI(KEPA) : I410-ECN-0101-2019-320-000517004