RightShip의 승인에 관한 선박소유자의 의무

Abstract

The freight on cargoes on board and the hire of vessel have been high, because there have been noticeable developments in the shipping industry due to the rapid growth of the People's Republic of China for the recent several years. Shipowners scrap the overage vessel due to the risk for marine accidents like damage to cargoes, vessel being sunk, etc as well as costs for maintenance including repair, insurance premium, etc. However, if the shipping market is good, Shipowners prefer to keep the vessel in operation to make profit without scrapping as long as possible. Accordingly, there is a case in which Shipowners try to operate the overage vessel unreasonably despite the risk for marine accidents. Cargo interests who want to receive cargoes at discharging port in time after safe carriage limit the vessels age. For example, POSCO and chinese steel mills, etc limit vessels age to 18 years, case by case. Also, there are cargo interests who limit vessels age to 15 years, over which O/A premium on cargoes is charged due to vessel's age. However, there is sometimes no limitation of vessel's age in case vessel loads cargoes in Indonesia, Brazil and Africa, etc. In such a case, risk for marine accidents always exists. In this regards, RightShip was set up in 2001 by major cargo interests who feel the necessity of the organization which identify those vessels that are suitable and safe for the carriage of cargoes after checking and/or inspecting condition of the vessel respectively. In this case, the court held that on the true construction of the charter party, the Shipowners were not required to obtain and retain RightShip approval. The purpose of this study is to introduce the recent attitude of English court on RightShip approval.