해상운송계약상 선박의 감항능력결여에 기인한 컨테이너화물의 화주간 공동해손 비용분담에 관한 연구

A Study on the Contribution in General Average among Shippers of Containerized Cargo due to the Vessel’s Unseaworthiness under the Marine Transport Contract: Focused on the Case of the CMA CGM Libra

In the case of the CMA CGM Libra, the High Court and the Court of Appeal stipulated that the shipowner, the carrier, was found to have an actionable fault under the Hague-Visby Rules, thereby denied the shipper's obligation to contribute general average based on Article D of the YAR. In addition, the British Supreme Court fundamentally supported the judgment of the lower court and ruled that the shipper's obligation to contribute general average was denied. This case is notable as an example of reasoning from a case at the start of the last century being applied to modern conditions. Analytically, it is now clear that Hague-Visby Rules may be triggered by an act or default which is causative of unseaworthiness, as well as by actual unseaworthiness. The decision increases the due diligence burden on ship owners, potentially impacting on other issues, such as crew training. It has already had, and will continue to have, considerable impact on marine cargo claims.