초록 열기/닫기 버튼
For the maritime transport, represented by the Hague-Visby Rules, the carrier is under an overriding obligation to provide a seaworthy vessel before and at the beginning of the sea voyage. Hague-Visby Rules do not include correctly definition of container as new equipment for transport regime. Some containers are owned by shipper. But, most containers are owned or leased by carriers. Thus, through of the International Carriage by Sea Act, we would investigate that the container as a part of the ship or dealt with the part of the goods’ package. Furthermore, suggest that how can divided each parties’ duty concerned with seaworthiness obligation on container and the duty allocation can be specifically made.By analyzing precedent research, defined the definition and scope of seaworthiness for the each parties’ duty. After then, survey of the container cases, it was concluded by the Supreme Court of Netherlands and France. There are no specific articles concerned with responsibility for container seaworthiness. Through the cases analyzing, we suggests who is the container provider and the what is the provider’s duty and how container seaworthiness can be applied relative to international transport law. So, this research establishes solutions and the necessity of the united criteria for the articles to container seaworthiness and legally question of container under the Hague-Visby Rules.
