Preface
This thesis, submitted for the fulfilment of the Master of Laws (LL.M.) in Maritime Law at the Scandinavian Institute of Maritime Law, University of Oslo, meticulously explores the evolving dynamics of port safety warranties within charterparties, against the backdrop of the Ukrainian-Russian conflict. The analysis presented herein, completed in November 2023, has undergone minor orthographic adjustments to ensure clarity in its publication.
At the heart of this dissertation is the aim to clarify the concept of port safety warranty in relation to political risks. The thesis explores its definitions, applications, and implications amidst the ongoing conflict between Ukraine and Russia, under English law. It extends to examine how EU sanctions on Russia could impact the safety of a port, contemplating various scenarios. The understanding of port safety warranty intricately ties to the degree of risk incurred, the specific terms of the charterparty, and the conduct of the owner/master of the ship, highlighting the complex interplay between legal principles and real-world maritime operations. Reflecting the situation as of Autumn 2023, this work also envisages possible future scenarios, underscoring the evolving nature of international conflicts and their impact on maritime operations.
I am deeply grateful to Professor Alla Pozdnakova for her invaluable insights and advice throughout the development of this thesis. Her expertise has significantly contributed to the depth and quality of my research. Special thanks are also due to Professor Trond Solvang for bringing to my attention the doctrine of indemnity, which has enriched my understanding and analysis of the subject matter. Lastly,I appreciate Sara Tesfai for her assistance and support during the LL.M. program, which made the academic journey smoother and more enjoyable.
This work is dedicated to all those who contributed their time, knowledge, and encouragement, and to anyone seeking to navigate the intricate waters of maritime law within the context of international conflicts.
Saoussane Tadrous