Maritime law in practice - perspectives on shipping, offshore wind projects, international trade and marine insurance
Electronic signals now open container terminal gates, but what do they mean for liability when cargo is released without a house bill of lading? A Seoul High Court judgment reflects the realities of digital cargo release, clarifies the responsibilities of terminals and freight forwarders, and raises broader questions about how maritime law can keep pace […]
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A January 2025 judgment of the Korean Supreme Court on a power distribution line worker’s thyroid cancer may have significant implications for seafarers’ compensation claims. Its treatment of reasonable inference, the possibility of combined and cumulative causes, stress and the limits of scientific research offers a possible path through longstanding difficulties in proving causation, even […]
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A passenger’s accident some seventy years ago gave rise to a clause that reshaped protection for those working alongside carriers. This article traces the Himalaya clause’s origins, its treatment under Korean law and its expansion into multimodal transport, before examining practical drafting considerations and the questions that autonomous ships, automated ports and other new technologies […]
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An undertaking to compensate for “all loss” may be construed as waiving a carrier’s right to limit liability under Korean law. A cargo claim illustrates how mismatched contracts can leave a freight forwarder liable to the cargo owner without recourse against the actual carrier. A contract is not only the starting point of a transaction […]
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Choosing English law for a marine insurance contract changes how an insurer can pursue recovery after paying a claim. Subrogation alone does not transfer the insured’s rights or permit proceedings in the insurer’s own name. Korean Supreme Court decisions highlight the importance of a valid assignment, precise documentation and careful consideration of the laws governing […]
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Abandoned ships threaten navigation and the marine environment, yet their removal is constrained by fragmented regulation, ownership and security rights, and limited public funds. This article examines the Korean legal framework, the limits of preventive intervention and administrative vicarious execution, and why the responsibility attached to ship ownership remains with owners even when public authorities […]
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