Legal Analysis of the U.S. Supreme Court Position Upon a Safe Berth Warranty and Evaluation of the UK Legal Position
This research is focused upon the evaluation of safe birth 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 J...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Faculty of Navigation, Gdynia Maritime University
2022
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| Online Access: | View Fulltext in Publisher |
| Summary: | This research is focused upon the evaluation of safe birth 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 |
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| ISBN: | 20836473 (ISSN) |
| DOI: | 10.12716/1001.16.01.01 |