1.4 Structure of the thesis
This thesis delves into the traditional understanding of port safety warranties, structured across three sections:
Section 2 will analyse the traditional understanding of port safety warranties in the light of the Ukrainian/ Russian conflict. It covers the meaning of safety in the context of political risks and the implications of delays. The section also examines the impact of sanctions risks, the relevance of a ship's specific characteristics, and the source of the safety obligation, whether expressed or implied. Additionally, it discusses the nature of the obligation, differentiating between absolute warranties and due diligence clauses, and the criterias used in caselaw to characterise the danger encompassed within the port safety warranty. Finally, it explores alternatives to port safety warranties.
Section 3 deals with the consequences and implications of an unsafe port. This section addresses the repercussions of ordering a vessel to an unsafe port, i.e, the breach of the safety warranty. It delves into the charterers' secondary obligations when port unsafety arises after nomination and the implications of complying with orders to unsafe ports.
Section 4 intends to present our final remarks.