1.3 Research question and methodology
This thesis aims to provide a clarification of the notion of port safety warranty, and how it should be understood in a context such as the Ukraine-Russia war, including potential implications of European Union (EU) sanctions and port safety warranties. The purpose of the thesis is therefore to answer the question:
How is port safety warranty, in relation to political risks, defined and applied within Charterparties under English Law, and what are its implications in the specific context of the ongoing Ukraine-Russia conflict?
For the methodology of this study, the primary approach will be the contractual method, focusing on the English law method of contract interpretation. This involves an analysis of contractual provisions related to port safety, considering the context and the intent of the parties involved, as guided by principles and precedents established in English law.
The study focuses on English Law, particularly relevant, due to its common application in international commercial agreements and arbitration, and its influence in the drafting of shipping contracts. In addressing my research questions,I will use a descriptive method to examine criteria from previous case law on characterising port safety under a port safety warranty clause. This also extends to other contractual instruments like war warranty clauses. The analysis will involve juxtaposing factual scenarios against established precedents and the content of agreements in other political/war related conflicts. Building on this perspective, it is crucial to bear in mind that the situation in the Black region is constantly changing. What is applicable today may not hold the same relevance for past or future contexts. Furthermore, each case should be evaluated individually, with careful consideration of the unique circumstances and specific agreements involved. Following this line of thought, the primary focus of this examination will be the current situation as of Autumn 2023. Thus, it has been essential to explore information sourced from international media. This approach ensures that the analysis reflects the contemporary realities of the Black Sea region's conflict, thereby providing a relevant perspective on the issues at hand.
This comprehensive approach includes a doctrinal legal approach, including recent doctrinal articles but also other sources such as international regulations and guidelines from BIMCO or insurers. The thesis considers the implications of EU sanctions on port safety warranties. The influence of EU restrictive measures is significant as they apply to all vessels trading in EU ports, affecting the rights and obligations of the parties involved, especially shipowners.