북극 항해와 해상법

Abstract

In Arctic navigation, vessels must operate under extremely low temperatures and other special meteorological conditions. Therefore, from the perspective of maritime law, it is necessary to examine aspects that differ from ordinary navigation. A ship, as the representative physical asset of a maritime enterprise, is subject to the Polar Code, an international legal framework, when navigating in polar waters. Vessels operating in the polar regions must be strengthened with ice-class or icebreaking capabilities. Furthermore, the crew and master, who constitute the human element of seaworthiness, must possess specialized skills and qualifications for navigation in polar regions. Among the navigational assistants involved in Arctic voyages is the pilot, who acts as an auxiliary of the carrier and thus qualifies as a servant of the shipowner. Any damage resulting from the pilot’s negligence gives rise to the carrier’s liability for damages. Under a time charterparty, the costs associated with such navigational assistants are considered a commercial matter, and therefore are to be borne by the charterer. The escort vessel, on the other hand, operates in complete independence from the escorted vessel; its operator is not the owner of the escorted ship but rather Rosatom of Russia. When a vessel enters certain ports along the Arctic route, issues concerning the safety of the port may arise. If a charterer designates an unsafe port and the shipowner suffers damage as a result, the charterer bears strict liability, regardless of fault. Under the Korean Commercial Code, the carrier is obliged to ensure the seaworthiness of the ship. In Arctic navigation, where vessels must traverse ice-covered areas, special seaworthiness is required. Only by fulfilling this obligation can the carrier invoke exemption from liability for navigational faults. From the standpoint of navigational regulation, the International Regulations for Preventing Collisions at Sea (COLREGs) provide the framework for determining the conduct of vessels. Ships trapped in ice or engaged in escort operations are vessels restricted in their ability to maneuver, and thus should be granted navigational priority. A revision of the COLREGs may therefore be necessary. From a marine insurance perspective, ships’ hull policies currently include navigational area limitation clauses, meaning that separate arrangements with insurers are required for Arctic voyages. Insurers are likely to demand Polar Ship Certificates or equivalent documentation to verify compliance with the Polar Code. P&I Clubs, as liability insurers, may also require prior consultation and detailed risk assessments for Arctic operations. Cargo owners seeking to procure cargo insurance must likewise examine not only the ship’s seaworthiness but also whether the inherent nature of the cargo might be affected by extreme low-temperature conditions.