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Research On Marine Insurance Under Special Risks Of Arctic Navigation

Posted on:2023-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:X Q HanFull Text:PDF
GTID:2556307040977769Subject:Law
Abstract/Summary:PDF Full Text Request
With the influence of global warming,the temperature of the poles is gradually rising and the sea ice is melting.The situation of Arctic shipping may change in the future due to the accelerated rate of ice melting and the deepening of national strategic cooperation on the Arctic.Insurance companies have always provided specific insurance for Arctic shipping activities based on actual conditions such as ships and voyage plans,and there are no marine insurance clauses that are generally applicable to Arctic navigation risks.However,when marine transportation activities enter a new environment,some complex problems arise in the application of marine insurance.The existing insurance clauses are essentially difficult to meet the insurance needs of Arctic shipping.Therefore,it is necessary to re-examine the special risks in the Arctic.Under the influence of the marine insurance system,new marine insurance clauses are formulated for Arctic navigation risks to meet the future development needs of the shipping industry.Thesis predicts and evaluates the special risks of Arctic navigation and the situation that navigation activities are affected by risks.Combined with the rules and institutional expectations of marine insurance in Arctic navigation activities,Thesis discusses the problems and direction of change when existing marine insurance applies to Arctic navigation risks.On the one hand,the special environment of Arctic navigation has increased the risks that the insured who engages in Arctic navigation needs to share and transfer,and shipowners and cargo owners expect the insurer to be able to guarantee this.The insurer will assume the additional risk on the premise of the insured’s strict performance of obligations,and even new obligatory requirements will be proposed.Therefore,insurance rules need to be readjusted to adapt to these changes.In particular,the ice class of ships is a special requirement for ships in polar voyages,and its current position in marine insurance is not clear.It is mainly used as a part of seaworthiness judgment and affects the insurer?s liability.As a key element in the measurement of the safety of navigation in the Arctic,marine insurance can clarify its positioning and consequences,so as to restrain the behavior of the insured,avoid losses due to the insured’s intentional or negligence,and reduce the risk of navigation caused by human factors.On the other hand,a risk coverage mechanism suitable for Arctic navigation activities should be constructed from the aspects of content and means.First of all,only by taking appropriate measures to make the new insurance rules compatible with the original insurance system can marine insurance truly cover the risks of Arctic navigation.Combined with the actual situation of Arctic shipping and the complexity of insurance reconstruction work,it is the most favorable choice to separately establish "Arctic Shipping Cargo Insurance Clauses" and "Arctic Ice Damage Insurance" for the special risks of Arctic navigation.Second,assess the compatibility of Arctic risks and marine insurance systems,and propose rules for reforming the problem.Arctic low-temperature transportation risk and ice damage risk are both special risks associated with Arctic navigable waters,which have an impact on the marine insurance rules formed in traditional maritime voyages and the distribution of interests between the two parties.Among them,ice damage risk is the most important marine risk.Danger has taken on a new dimension.In order to provide effective risk protection for Arctic shipping,marine insurance needs to redesign insurance clauses for low temperature transportation risks and ice damage risks,clarify the coverage of low temperature transportation risks and ship insurance in the insurance clauses,and set reasonable deductibles for risk assessment.Articles and limitations of indemnity shall be established,a relatively clear scope of insurance liability shall be established,and the responsibilities and obligations of both parties to an insurance contract shall be reasonably allocated.For insurance rules that are not very adaptable in the special risk environment of the Arctic,or even cause a serious imbalance in the interests of the insurer and the insured when applied,reconsider the risks of Arctic navigation,find a balance point through reasonable adjustments.
Keywords/Search Tags:Arctic Navigation, Marine Insurance, Underwriting Risks, Insurance Clause
PDF Full Text Request
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