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3 TransNav : International Journal on Marine Navigation and Safety of Sea Transportation

3 2022

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Legal assessment of the present status and effects of Illicit trade of drug substances in maritime transport

Boviatsis M., Vlachos G.

TransNav : International Journal on Marine Navigation and Safety of Sea Transportation

2022

Vol. 16 No. 2

353--359

The aim of this research is to assess the present status and effects of the illicit trade of drug substances in maritime transport. Initially, the concept of lawful cargo is explored, followed by the analysis of illegal cargo. Finally, it is concluded that the cargo's legality is subject to each jurisdiction's laws and regulations along with the fulfilment of required processes, such as paying the required taxes, maintaining proper licenses, or keeping the necessary documentation. The analysis continues with the assessment of the effects of drug substances when found on board a ship. Drug substances may be deemed legal under certain circumstances but, on most occasions, are the common cargo for illicit trafficking. The outcome of locating such unlawful transportation is the vessel's arrest in most cases. The ship-owning company is deemed liable unless proven innocent or due diligence while operating the ship. The crew is also liable and faces both civil and criminal charges. The arrest leads to the ship's layoff under the supervision of competent authorities until the vessel is released by court order after the proof of the innocence of the shipping company and crew, the insurance coverage of claims or the ship's acquisition by a new owner. The methodology utilised for this research is based on the legal doctrine assessing legislation and relevant case law, such as the case of Atlasnavios, as the primary source of data and exploring the legal intricacies and gaps of the issue in question.

Legal analysis of the U.S. supreme court position upon a safe berth warranty and evaluation of the UK legal position

Boviatsis M., Daniil G.

TransNav : International Journal on Marine Navigation and Safety of Sea Transportation

2022

Vol. 16 No. 1

27--32

This research is focused upon the evaluation of safe berth clause pursuant to US law, in conjunction with UK law, based on the recent US Supreme Court ruling over “ATHOS I”, which was fixed pursuant to an ASBATANKVOY charterparty to carry a cargo of heavy crude oil from Venezuela to Paulsboro, New Jersey. The dispute arose during the final stretch of the voyage, as the vessel entered the Delaware River, an uncharted abandoned ship anchor ruptured the vessel’s hull causing 264,000 gallons of oil to spill. The Oil Pollution Act 1990 required the Owners to fund the clean-up costs in the first instance (limited to US$45 million) and the US Federal Government’s Oil Spill Liability Trust Fund reimbursed Owners for an additional US$88 million in clean-up costs. Owners and the US Federal Government filed suit against voyage charterers for breach of the ASBATANKVOY charterparty safe berth clause. The case went through two trials, and before the Court of Appeals for the Third Circuit twice, before the Supreme Court were asked to determine ultimate liability. The question before the Court was whether the safe berth clause was a warranty of safety, which meant that liability for an unsafe berth would be imposed on voyage charterers irrespective of whether they exercised due diligence. The answer to that question was yes; the language of the safe berth clause in this case was unambiguous and unqualified. The obligation on the voyage charterers was to designate a berth that was free from harm or risk such that the vessel come and go from always safely afloat. The Court went on to comment that “charterers remain free to contract around unqualified language that would otherwise establish a warranty of safety, by expressly limiting the extent of their obligations or liability. In the absence of any such qualifying language however the Supreme Court has made it clear that a charterer is liable to the owner for any consequences arising out of the ship being ordered to an unsafe berth, an obligation unfettered by any issues of due diligence or the degree of knowledge on the part of the charterer.

A theoretical analysis of contemporary vessel navigational systems: assessing the future role of the human element for unmanned vessels

Polemis D., Darousos E. F., Boviatsis M.

TransNav : International Journal on Marine Navigation and Safety of Sea Transportation

2022

Vol. 16 No. 4

637--646

This article aims to investigate the contemporary challenges of electronic navigation and assess the appropriate amendments should autonomous vessel technology becomes widespread in the near future. Vessel control systems and maritime communication are essential and sending and receiving alarm signals is critical to contemporary ship navigation. Numerous location and shipping information systems, such as GPS, Loran-C, and Decca, have arisen in recent decades to improve navigational safety. Other systems, including VHF and Inmarsat, have been developed to enhance the efficiency of maritime communication on board and to transmit risk and safety-related data. Additionally, safe navigation requires systems like Navtex, EGS, DSC, Epirb, and others [1].