海盗袭击阴影下的租船合同

Piracy-a charter party

虽然国际社会已经采取措施打击海盗活动并为商船提供保护，但是受海盗袭击的风险依然存在。首先，我们必须承认现在还没有切实有效的措施来应对这一局势。面对海盗袭击问题，船东及租船人是否可以依赖租船合同中的某一特定条款要视具体情况而定。我能否拒绝让我的船经过亚丁湾地区？鉴于可能遭遇的海盗袭击风险，船东是否有权拒绝租船人制定的合理航线？这一问题在租船合同中的“战争风险条款”中有所涉及。其中安全港保单也列在考虑范围之内，

Perspective The hijacking of merchant vessels by pirates in the Gulf of Aden has sparked a great number of enquiries from members to the Secretariat.Although measures are now being taken by the international community to repress piracy in the area and provide protective measures for merchant shipping,the risk of hijacking still remains.The purpose of this article is to answer some of the questions commonly raised by members with regard to their position under charter parties and bills of lading.The purpose of this article is to answer some of the questions commonly raised by members with regard to their position under charter parties and bills of lading.First of all,we have to say that there are no hard and fast rules that apply to this situation.Whether an owner or a charterer can successfully rely on a particular provision in a charter party in relation to piracy will very much depend on the facts and specific circumstances of each case.