The Legal Issues Of Seaworthiness

Seaworthiness of ship is the studying subject of this paper. At the beginning, reviewed the history of ocean shipping, the writer introduces the elements of seaworthiness and summarizes the common content of seaworthiness home and abroad, and points out many differences of seaworthiness in the justice practice in different countries. Then, based on these elements of seaworthiness, the writer analyzes some hot topics in marine shipping, marine insurance and ISM Code. The writer has brought forward a lot of practical views to balance the interest of different parties. Finally, the writer made many suggestions to settle the said problems such as distribution of onus probandi, maritime judgement, marine legislation, and so on.This paper has three charters. The definition and elements of seaworthiness was introduced in the first charter. Then, based on the common views of seaworthiness in the ocean shipping and different academes, the writer forecasts that the current stage is tending to the stage of absolute seaworthiness. With understanding of 1974 SOLAS, STCW78/95, ISM Code and many maritime cases, the writer emphasizes to summarize the elements of hull seaworthiness, seaman seaworthiness and the seaworthiness of cargo places on board ships. The charter has a fundamental function to the second charter on the aspects of navigational technique and ocean shipping.Some responsibilities under seaworthiness of ships were studied in the second charter. The writer analyzed some hot topics of abilities of seaworthiness under ocean shipping, marine insurance and ISM Code. For example, the definition of "the time before sailing" and "the time of sailing", due diligence, warranty of seaworthiness and ISM Code were studied. The meaning of these topics under seaworthiness has already been changed under the Hamburg Rules, ISM Code and ISPS Code. Meantime, the writer has made many suggestions to balance the interest of different parties. In fact,...