Lloyd's List provides a legal insight into safe port principles
The ongoing tension between the US and Iran has brought fresh attention to the complex legal issues surrounding safe ports.
On June 20, 2019, the US issued a warning to ship operators, advising them to “exercise extreme caution” when transiting the Strait of Hormuz.
The advisory cited “credible threats” from Iran, including the potential for attacks on commercial vessels. This warning has raised concerns among shipping companies, as the Strait of Hormuz is a key shipping lane for oil and gas exports from the Persian Gulf.
In response to these concerns, Lloyd's List has published a legal insight into the principles of safe ports. The insight, written by maritime lawyer Nicholas Potts, provides a comprehensive overview of the legal framework surrounding safe ports, including the duties and obligations of ship operators and port authorities.
According to Potts, a port is considered safe if it meets the following criteria:
- Ships can reach the port, use it, and return from it without hindrance.
- There is no reasonable risk of damage to the ship or its crew.
- The port is not subject to any legal restrictions that would prevent ships from entering or leaving.
Potts notes that the determination of whether a port is safe is a complex one, and that there is no single definitive answer. However, he provides a number of factors that courts and tribunals will consider when making this determination, including:
- The political situation in the country where the port is located.
- The security measures in place at the port.
- The history of incidents at the port.
- The advice of relevant government agencies.
Potts concludes by noting that the principles of safe ports are constantly evolving, and that ship operators should always seek legal advice before making a decision about whether to enter or leave a port.
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