1.2 Safety of the ports in the Black Sea and Sea of Azov
The Joint War Committee added Ukrainian and Russian waters in the Black Sea and Sea of Azov to their list of high-risk areas for war, piracy, terrorism, and related perils on February 15, 2022, due to heightened risks from the conflict. Consequently, shipowners faced additional insurance premiums to sail into this area.(1) Michael Biltoo, Ingrid Hu, Ukraine, one year on: the impact on the marine market and a focus on sanctions, published on Mars 27, 2023, Llyods Intelligence, Liz Booth Ed. 2000-2023( i-law.com) On April 4, 2022, Ukraine's inland waters and all Russian territories were in the high-risk zones due to the intensifying invasion.
European countries have leveraged economic sanctions as a strategic response to Russian military actions, choosing not to engage directly in the conflict. Sanctions have become a prevalent tool for nations to impose economic pressure over the last quarter-century. This resulted in significantly restricting trade of Russian goods and with Russian entities. Some players in the shipping industry resort to more inventive methods to evade sanctions, including conducting ship-to-ship transfers.(2)Nigel Lowry, Shipping struggles under burden of “confusing and disruptive” sanctions, Maritime risk International, published on October 20, 2022, Llyods Intelligence, Liz Booth Ed. 2000-2023 ( i-law.com)
By October 2023, the NSC (United Kingdom based NATO shipping center) has issued a warning, based on intelligence sources, that Russia might deploy sea mines in the Black Sea targeting civilian ships, possibly laying them near Ukrainian ports and in the war risk area of the Black Sea. Simultaneously, Ukraine's navy reported that 12 cargo vessels are prepared to enter a newly established Black Sea shipping corridor en route to Ukrainian ports, indicating a notable surge in maritime traffic to Ukraine despite Russia's de facto blockade of its seaports.(3)Adam Corbett, NATO warns Black Sea security threat to shipping remains high, Tradewins. Retrieved, Novembre 19, 2023, https://www.tradewindsnews.com/casualties/nato-warns-black-sea-security-threat-to-shipping-remains-high/2-1-1321308
In light of this context, it becomes clear that the hostilities in the region demonstrate that ports in the Black Sea/Azov Sea area pose risks for various actors in maritime trade. This includes ships visiting these ports, their crew and cargo, as well as risks for charterers in terms of liabilities linked to obligations undertaken under the voyage.
One common obligation usually imposed in Charterparties is the port safety warranty. This is often a promise given by charterers to guarantee the safety of the port they have the right to nominate under the charterparty. We will see that this warranty is in fact just a promise, constrained by the terms of its formulation. Sometimes it may be implied. Its interpretation will actually depend on the other provisions of the charterparty and the geopolitical context at the time the charterer exercises their right to order the shipowner to call at a port. These concepts will be explained in more detail in our study, as their meaning is at the heart of our research.