对事故原因和后果的法律评估

M. Boviatsis
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引用次数: 0

摘要

“Ever Given”号货船在苏伊士运河搁浅6天,对海运部门的供应链造成了前所未有的干扰。具体地说,运河的突然关闭造成数百艘船只的延误,随后造成巨额索赔,在某些情况下甚至造成货物损失。M/V Ever Given后来被埃及当局扣押,最初索赔9.16亿美元,三个月后埃及政府和管理公司达成赔偿协议,该公司被释放。本文旨在评估事故最突出的原因,找到直接导致事故的近因,并评估船舶运营所依据的相关立法的影响。首先,将探索有关船舶状态,运河和外部因素的重要事实,并分析每个可能导致事故的行为。这种分析的结果将提供事故的近似原因,然后将对每个利益相关者的责任进行评估。分析工作将继续进行,评估在“Ever Given”号从苏伊士运河横渡时生效的国家和国际法律规定的影响,并评估最大责任方可能的责任限制。分析将以法律理论为基础,评估相关立法和以前的法院判决。最后,综上所述,将提出要实施的措施,旨在防止今后此类事故的重演。
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M/V EVER GIVEN: LEGAL ASSESSMENT OF THE CAUSES AND CONSEQUENCES OF THE ACCIDENT
The grounding of M/V Ever Given in the Suez Canal for six days led to an unprecedented perturbation to the supply chain of the maritime sector. Specifically, the sudden closure of the canal resulted in the delay of hundreds of vessels and subsequently to enormous claims and even, in some cases, loss of cargo. The M/V Ever Given was later impounded by Egyptian authorities for an initial claim of $916 million and was released after three months when the Egyptian government and the managing company reached an agreement for compensation. This paper aims to assess the most prominent causes of the accident, locate the causa proxima that directly led to the accident and evaluate the impact of the relevant legislation under which the vessel was operated. Initially, the material facts regarding the state of the vessel, the canal, and external factors will be explored, and each action that possibly led to the accident will be analysed. The outcome of this analysis will provide the causa proxima of the accident, and then an evaluation will be made regarding the liabilities of each stakeholder. The analysis will continue with evaluating the impact of the national and international legal provisions that were in effect during the crossing of M/V Ever Given from the Suez Canal and with the assessment of a possible limitation of liability of the most liable party. The analysis will be based on the legal doctrine, evaluating relevant legislation and previous court decisions. Finally, in conclusion, measures will be proposed to be implemented, aiming to prevent the repetition of such accidents in the future.
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