운송인 특정과 선박관리인의 지위에 관한 연구

Identity of Carriers and the Status of Vessel Managers- Focused on the U.S. COGSA -

The identify of carrier is one of the most controversial issues in maritime transportation, especially for cargo claimants to search the deep pockets. Given the increased functions that vessel managers perform in maritime transportation practices, this article focuses on comprehensive analysis on the status of vessel managers under COGSA's definition of carrier. Even though maritime law has not been successful in finding a unified solution to the identity of carrier problem, a fresh look can still be introduced to find an appropriate way of identifying the carrier. While vessel manager can theoretically be protected by COGSA through a Himalaya clause, real protection will not come easily for them. Irrespective of differences between regal regimes, a new understanding and awareness of the function of them can be expected to include vessel manages within the definition of carriers to the extent that their participation warrants such inclusion, which make vessel manages available to COGSA's protection and liability limitation except in limited situations.