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Implication of COVID-19 outbreak on ship survey and certification

The COVID-19 pandemic is having a significant implication on shipping industry causing disruption to smooth operation of ships. In particular, it has been difficult to arrange ship surveys due to a restriction on surveyors’ travel to reach ports for the surveys. However, to keep ships to continue op...

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Autores principales: Nam, Dong, Kim, Mingyu
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Elsevier Ltd. 2021
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9761836/
https://www.ncbi.nlm.nih.gov/pubmed/36570437
http://dx.doi.org/10.1016/j.marpol.2021.104615
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author Nam, Dong
Kim, Mingyu
author_facet Nam, Dong
Kim, Mingyu
author_sort Nam, Dong
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description The COVID-19 pandemic is having a significant implication on shipping industry causing disruption to smooth operation of ships. In particular, it has been difficult to arrange ship surveys due to a restriction on surveyors’ travel to reach ports for the surveys. However, to keep ships to continue operating, all ships must be surveyed and have relevant certificates renewed in a timely manner. In response, Classification Societies and flag Administrations have come up with temporary measure by granting 3-month extension of ship surveys. The rationale for granting extension up to 3 months can be found in Class rules and IMO instruments in force majeure clauses and extension clauses respectively. However, the real test is just beginning for further extension beyond 3 months as the COVID-19 pandemic seems to prolong globally, and there is no legal ground for this further extension in both Class rules and IMO instruments. Thus, granting such extension beyond 3 months of statutory maximum would leave uncertainty about the legal exposure of all parties involved in case a ship were victimized during the extension period. To ease the legal uncertainty, this paper suggests that the force majeure clause in Class rules should be amended to cover the COVID-19 pandemic. It is also suggested that IMO should embark the discussion to amend the extension clause, to cover the possibility of not being able to find a port in which a ship can be surveyed within 3 months in the wake of world-wide pandemic like the COVID-19 outbreak.
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spelling pubmed-97618362022-12-19 Implication of COVID-19 outbreak on ship survey and certification Nam, Dong Kim, Mingyu Mar Policy Full Length Article The COVID-19 pandemic is having a significant implication on shipping industry causing disruption to smooth operation of ships. In particular, it has been difficult to arrange ship surveys due to a restriction on surveyors’ travel to reach ports for the surveys. However, to keep ships to continue operating, all ships must be surveyed and have relevant certificates renewed in a timely manner. In response, Classification Societies and flag Administrations have come up with temporary measure by granting 3-month extension of ship surveys. The rationale for granting extension up to 3 months can be found in Class rules and IMO instruments in force majeure clauses and extension clauses respectively. However, the real test is just beginning for further extension beyond 3 months as the COVID-19 pandemic seems to prolong globally, and there is no legal ground for this further extension in both Class rules and IMO instruments. Thus, granting such extension beyond 3 months of statutory maximum would leave uncertainty about the legal exposure of all parties involved in case a ship were victimized during the extension period. To ease the legal uncertainty, this paper suggests that the force majeure clause in Class rules should be amended to cover the COVID-19 pandemic. It is also suggested that IMO should embark the discussion to amend the extension clause, to cover the possibility of not being able to find a port in which a ship can be surveyed within 3 months in the wake of world-wide pandemic like the COVID-19 outbreak. Elsevier Ltd. 2021-09 2021-05-31 /pmc/articles/PMC9761836/ /pubmed/36570437 http://dx.doi.org/10.1016/j.marpol.2021.104615 Text en © 2021 Elsevier Ltd. All rights reserved. Since January 2020 Elsevier has created a COVID-19 resource centre with free information in English and Mandarin on the novel coronavirus COVID-19. The COVID-19 resource centre is hosted on Elsevier Connect, the company's public news and information website. Elsevier hereby grants permission to make all its COVID-19-related research that is available on the COVID-19 resource centre - including this research content - immediately available in PubMed Central and other publicly funded repositories, such as the WHO COVID database with rights for unrestricted research re-use and analyses in any form or by any means with acknowledgement of the original source. These permissions are granted for free by Elsevier for as long as the COVID-19 resource centre remains active.
spellingShingle Full Length Article
Nam, Dong
Kim, Mingyu
Implication of COVID-19 outbreak on ship survey and certification
title Implication of COVID-19 outbreak on ship survey and certification
title_full Implication of COVID-19 outbreak on ship survey and certification
title_fullStr Implication of COVID-19 outbreak on ship survey and certification
title_full_unstemmed Implication of COVID-19 outbreak on ship survey and certification
title_short Implication of COVID-19 outbreak on ship survey and certification
title_sort implication of covid-19 outbreak on ship survey and certification
topic Full Length Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9761836/
https://www.ncbi.nlm.nih.gov/pubmed/36570437
http://dx.doi.org/10.1016/j.marpol.2021.104615
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